AN ACT Relating to the omnibus registration of health care professionals; adding a new chapter to Title 18 RCW; repealing chapters 18.06, 18.22, 18.25, 18.26, 18.29, 18.32, 18.34, 18.35, 18.36, 18.50, 18.52A, 18.53, 18.55, 18.57, 18.57A, 18.64, 18.64A, 18.71, 18.71A, 18.72, 18.73, 18.74, 18.78, 18.83, 18.88, 18.108, and 18.135 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature recognizes that we are moving from an era of manufacturing to one of information, which is changing our need to be protected from ignorance. The legislature recognizes that current technology has made it possible to process information so that health care organizations and individual consumers can make intelligent, informed choices of health care providers and that educated citizens trained to make responsible decisions provide a better system of protecting the public than does reliance on periodic inspections by the state.

The legislature further recognizes that our current health care licensing system has created an illusion of safety, while in fact it keeps people from taking care of themselves fully and inhibits change in the health care system at a time when much new health care information is becoming available. The legislature takes note that there are potentially at least one hundred forty-five discreet health professions and occupations recognized nationally with at least two hundred fifty secondary job classifications, and the legislature believes that citizens educated to make informed health care choices and trained how to take care of themselves will provide more effective consumer protection than our current licensing structure.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of licensing.

(2) "Director" means the director of licensing.

(3) "Health profession" or "health care profession" means a profession providing health services or health-related services and includes but is not limited to the practices of acupuncture, podiatry, chiropractic, dental hygiene, dentistry, dispensing optician, hearing aid fitting and dispensing, drugless healing, midwifery, nursing assistants, optometry, ocularist, osteopathy, osteopathic physicians' assistant, pharmacist, pharmacy assistant, physician, physicians' assistant, emergency medical care and transportation services, physical therapy, practical nurses, psychologists, registered nurses, massage therapy, health care assistant, hypnotherapists, and counselors.

(4) "Registration" means the formal notification that, before rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature, and operation of the health activity to be practiced; and a description of the service to be provided.

NEW SECTION. Sec. 3. APPLICATION FOR REGISTRATION. (1) The director shall issue a registration to any applicant who submits, on forms provided by the director, the applicant's name, address, occupational title, name and location of business, and other information as determined by the director, including information necessary to determine whether there are grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW. Applicants for registration shall register as health care professionals. Applicants shall, in addition, provide in their titles a description of their therapeutic orientation, discipline, theory, method of treatment, qualifications, and courses of study completed. Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086, which shall accompany the application.

(2) A person who falsifies information required under subsection (1) of this section shall be guilty of a class C felony punishable in accordance with RCW 9A.20.021.

NEW SECTION. Sec. 4. RENEWAL OF REGISTRATIONS. (1) The director shall establish by rule the procedural requirements and fees for renewal of registrations. Failure to renew shall invalidate the registration and all privileges granted by the registration. Subsequent registration shall require application and payment of a fee as determined by the director under RCW 43.24.086.

(2) The director shall publish a list annually that discloses those health care professionals registered in the prior year who are no longer registered.

NEW SECTION. Sec. 5. REGISTRATION REQUIRED. No person may practice or represent himself or herself as a practitioner of a healing art by use of any title or description of services without being registered to practice by the department of licensing, unless otherwise exempted by specified authorization.

NEW SECTION. Sec. 6. EXEMPTIONS. Nothing in this chapter may be construed to prohibit or restrict:

(1) The practice by an individual registered under the laws of this state and performing services within the authorized scope of practice;

(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;

(3) The practice by an individual employed by state or local government while engaged in the performance of duties prescribed by law or under the guidelines of the state personnel board or other state or local agency authorized by law to establish criteria for employment within its lawful jurisdiction;

(4) The practice by a person who is a regular student in a school approved by the department, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

NEW SECTION. Sec. 7. DIRECTOR'S AUTHORITY. (1) In addition to any other authority provided by law, the director has the following authority:

(a) To adopt rules, in accordance with chapter 34.04 RCW, necessary to implement this chapter;

(b) To set all registration and renewal fees in accordance with RCW 43.24.086 and to collect and deposit all such fees in the health professions account established under RCW 43.24.072;

(d) To hire clerical, administrative, and investigative staff as needed to implement this chapter;

(e) To issue a registration to any applicant who has met the requirements for registration;

(f) To develop a dictionary of recognized professions and occupations providing health care services to the public included under this chapter.

(2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and the discipline of registrants under this chapter. The director shall be the disciplining authority under this chapter. The absence of educational or training requirements for health care professionals registered under this chapter shall not, in and of itself, give the director authority unilaterally to determine the training and competence or to define or restrict the scope of practice of such individuals.

(3) The department shall publish and disseminate information in order to educate the public about the responsibilities of health care professionals and the rights and responsibilities of clients established under this chapter. For the purposes of administering this requirement, the director shall assess an additional fee for each registration application and renewal, equal to ten percent of the fee. The revenue collected from the assessment fee may be appropriated by the legislature for the department's use in educating consumers pursuant to this section. The authority to charge the assessment fee shall terminate on June 30, 1994.

(4) The department shall set up health care information access centers at each of its driving license examining offices across the state. Information shall be available at each local office that lists the registered health care professionals in that geographic vicinity. The director shall establish the procedures for consumers to supply evaluative comments regarding an individual health care professional for inclusion on the lists of registered health care professionals.

NEW SECTION. Sec. 8. RECORD OF PROCEEDINGS. The director shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for registration under this chapter and the results of each application.

NEW SECTION. Sec. 9. ADVISORY COMMITTEES. (1) The director may appoint advisory committees to further the purposes of this chapter. Each such committee shall be composed of five members, one member initially appointed for a term of one year, two for a term of two years, and two for a term of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of an advisory committee shall be residents of this state. Each committee shall be composed of three individuals registered, certified, or licensed in the category designated, and two members who represent the public at-large and are unaffiliated directly or indirectly with the profession being registered.

(2) The director may remove any member of the advisory committees for cause as specified by rule. In the case of a vacancy, the director shall appoint a person to serve for the remainder of the unexpired term.

(3) The advisory committees shall each meet at the times and places designated by the director and shall hold meetings during the year as necessary to provide advice to the director.

(4) Each member of an advisory committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committees shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of their committees.

(5) The director, members of advisory committees, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any registration or disciplinary proceedings or other official acts performed in the course of their duties.

NEW SECTION. Sec. 10. DISCLOSURE. Persons registered under this chapter shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the department, that will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information provided by the health care professional, the receipt of which shall be acknowledged in writing by the health care professional and client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, and such other information as the department may require by rule. The disclosure information shall also include a statement that registration of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment.

NEW SECTION. Sec. 11. CONFIDENTIALITY. An individual registered under this chapter shall not disclose any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:

(1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;

(2) That a person registered under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;

(3) If the person is a minor, and the information acquired by the person registered under this chapter indicates that the minor was the victim or subject of a crime, the person registered may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;

(4) If the person waives the privilege by bringing charges against the person registered under this chapter;

(5) In response to a subpoena from a court of law or the director. The director may subpoena only records related to a complaint or report under chapter 18.130 RCW; or

(6) As required under chapter 26.44 RCW.

NEW SECTION. Sec. 12. SECTION CAPTIONS. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 14. The following chapters and their underlying session laws, as now or hereafter amended, are each repealed:

(1) Chapter 18.06 RCW;

(2) Chapter 18.22 RCW;

(3) Chapter 18.25 RCW;

(4) Chapter 18.26 RCW;

(5) Chapter 18.29 RCW;

(6) Chapter 18.32 RCW;

(7) Chapter 18.34 RCW;

(8) Chapter 18.35 RCW;

(9) Chapter 18.36 RCW;

(10) Chapter 18.50 RCW;

(11) Chapter 18.52A RCW;

(12) Chapter 18.53 RCW;

(13) Chapter 18.55 RCW;

(14) Chapter 18.57 RCW;

(15) Chapter 18.57A RCW;

(16) Chapter 18.64 RCW;

(17) Chapter 18.64A RCW;

(18) Chapter 18.71 RCW;

(19) Chapter 18.71A RCW;

(20) Chapter 18.72 RCW;

(21) Chapter 18.73 RCW;

(22) Chapter 18.74 RCW;

(23) Chapter 18.78 RCW;

(24) Chapter 18.83 RCW;

(25) Chapter 18.88 RCW;

(26) Chapter 18.108 RCW; and

(27) Chapter 18.135 RCW.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.