HOUSE BILL REPORT

SHB 767

BYHouse Committee on Health Care (originally sponsored by Representatives Niemi and P. King) 

Regulating respiratory care practitioners.

House Committe on Health Care

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (11)

     Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lewis, Lux, D. Sommers, Sprenkle and Vekich.

House Staff:John Welsh (786-7133)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

The practice of respiratory care is not currently regulated by the state.  Respiratory care involves the treatment, management, diagnostic testing, rehabilitation and care of patients with deficiencies and abnormalities which affect the cardiopulmonary system under direct medical supervision.

SUMMARY:

Persons practicing respiratory care must be certified in order to adopt or use any title or description as a respiratory care practitioner.  No entity or person may employ a person practicing respiratory care unless the practitioner is certified.  Exemptions are provided for practitioners licensed under other laws, United States government employees, students enrolled in an approved education program, and nurses using the title "respiratory care practitioner".  Respiratory care practitioners must practice under the direct orders of a licensed physician.

The director of the Department of Licensing is authorized to adopt rules, set fees, establish forms, issue certificates, hire staff, approve schools and training programs, administer examinations and act as the disciplinary authority under the Uniform Disciplinary Act.

An advisory committee of five members is appointed by the director for four-year terms.  Three members must be certified practitioners, one member a licensed physician and one member who is unaffiliated to represent the public.  Members of the committee, the director and staff are declared immune from civil liability for official acts.

Persons may be certified without state examination if the director determines that the person meets commonly accepted standards of education and experience for the profession and has passed an approved examination by a professional organization.  The director must establish procedures for the renewal of certificates.

The Regulation of Health Professions Act and the Uniform Disciplinary Act are incorporated by reference in this chapter.

EFFECT OF SENATE AMENDMENT(S):  Rural hospitals are totally exempt from the requirement in this chapter of employing only respiratory therapists who are certified, instead of being exempt until September 15, 1988.  A new definition of "rural hospital" is provided for based on county and city designation, instead of the maximum lid of 3,000 inpatient admissions in federally defined rural areas.  The technical statutory reference for registered nurses is corrected.  Technical references to board are corrected to the director.  The appropriation is accorded with the fiscal note.

Appropriation:  $74,000 for biennium from Health Professions Account.

Fiscal Note:    Requested February 9, 1987.

House Committee ‑ Testified For:     Ellan Nelson, Washington State Society For Respiratory Care; Jerry Luedke; Mike Ryherd, Washington State Medical Association and Ward Miles, State Health Coordinating Council.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The profession of respiratory care, if unregulated, may present substantial risks to the public health and safety.  The skills required to practice, the education and training involved call for professional recognition of this healing art.

House Committee - Testimony Against: None Presented.

VOTE ON FINAL PASSAGE:

     Yeas 97; Excused 1

Excused:   Representative C. Smith