S-0253.1

SENATE BILL 5124

State of Washington

67th Legislature

2021 Regular Session

BySenators Cleveland and Rivers

Prefiled 01/08/21.Read first time 01/11/21.Referred to Committee on Health & Long Term Care.

AN ACT Relating to the practice of colon hydrotherapy; amending RCW 18.36A.060, 18.36A.140, 18.36A.160, and 18.130.040; reenacting and amending RCW 18.36A.020 and 18.130.040; adding a new section to chapter 18.36A RCW; providing an effective date; and providing an expiration date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 18.36A RCW to read as follows:

(1) Beginning July 1, 2022, the secretary shall issue a certification as a colon hydrotherapist to any applicant who:

(a) Has completed education and training requirements established by the board. At a minimum, education and training requirements must address proper technique, the use of appropriate equipment, and safety and consent procedures; and

(b) Has successfully passed an examination approved by the board.

(2) The board may recognize certification or accreditation by a professional organization as satisfying any of the requirements in subsection (1) of this section if the organization's standards are substantially equivalent to or more stringent than those established under subsection (1) of this section.

(3) A colon hydrotherapist may not practice colon hydrotherapy unless the colon hydrotherapist has established an affiliation with one or more naturopaths licensed under this chapter. A colon hydrotherapist must submit the names of all naturopaths with which the colon hydrotherapist is affiliated to the board on a schedule established by the board. A colon hydrotherapist may practice in a location other than the office of a naturopath. A colon hydrotherapist may only perform colon hydrotherapy on patients who have been referred to the colon hydrotherapist by a naturopath with whom the colon hydrotherapist is affiliated and only according to the plan of care delegated from the naturopath to the colon hydrotherapist.

Sec. 2. RCW 18.36A.020 and 2011 c 41 s 3 and 2011 c 40 s 1 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the board of naturopathy created in RCW 18.36A.150.

(2) "Colon hydrotherapist" means a person certified under this chapter to perform colon hydrotherapy pursuant to an affiliation with one or more naturopaths.

(3) "Colon hydrotherapy" means the performance of enemas or colonic irrigation.

(4) "Common diagnostic procedures" means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, health history taking, physical examination, radiography, examination of body orifices excluding endoscopy, laboratory medicine, and obtaining samples of human tissues, but excluding incision or excision beyond that which is authorized as a minor office procedure.

(((3)))(5) "Department" means the department of health.

(((4)))(6) "Educational program" means an accredited program preparing persons for the practice of naturopathic medicine.

(((5)))(7) "Homeopathy" means a system of medicine based on the use of infinitesimal doses of medicines capable of producing symptoms similar to those of the disease treated, as listed in the homeopathic pharmacopeia of the United States.

(((6)))(8) "Hygiene and immunization" means the use of such preventative techniques as personal hygiene, asepsis, public health, and immunizations, to the extent allowed by rule.

(((7)))(9) "Manual manipulation" or "mechanotherapy" means manipulation of a part or the whole of the body by hand or by mechanical means.

(((8)))(10) "Minor office procedures" means care and procedures incident thereto of superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures, not to include the eye; and the use of antiseptics and topical or local anesthetics in connection therewith. "Minor office procedures" also includes intramuscular, intravenous, subcutaneous, and intradermal injections of substances consistent with the practice of naturopathic medicine and in accordance with rules established by the secretary.

(((9)))(11) "Naturopath" means an individual licensed under this chapter.

(((10)))(12) "Naturopathic medicines" means vitamins; minerals; botanical medicines; homeopathic medicines; hormones; and those legend drugs and controlled substances consistent with naturopathic medical practice in accordance with rules established by the board. Controlled substances are limited to codeine and testosterone products that are contained in Schedules III, IV, and V in chapter 69.50 RCW.

(((11)))(13) "Nutrition and food science" means the prevention and treatment of disease or other human conditions through the use of foods, water, herbs, roots, bark, or natural food elements.

(((12)))(14) "Physical modalities" means use of physical, chemical, electrical, and other modalities that do not exceed those used as of July 22, 2011, in minor office procedures or common diagnostic procedures, including but not limited to heat, cold, air, light, water in any of its forms, sound, massage, and therapeutic exercise.

(((13)))(15) "Radiography" means the ordering, but not the interpretation, of radiographic diagnostic and other imaging studies and the taking and interpretation of standard radiographs.

(((14)))(16) "Secretary" means the secretary of health or the secretary's designee.

(((15)))(17) "Suggestion" means techniques including but not limited to counseling, biofeedback, and hypnosis.

Sec. 3. RCW 18.36A.060 and 2011 c 41 s 5 are each amended to read as follows:

In addition to any other authority provided by law, the secretary may:

(1) Set all license and certificate, examination, and renewal fees in accordance with RCW 43.70.250;

(2) Establish forms and procedures necessary to administer this chapter;

(3) Issue a license or certificate to any applicant who has met the education, training, and examination requirements for licensure or certification and deny a license or certification to applicants who do not meet the minimum qualifications for licensure or certification; except that denial of licenses or certificates based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

(4) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter;

(5) Maintain the official department record of all applicants ((and)), licensees, and certified persons; and

(6) Conduct a hearing on an appeal of a denial of a license or certificate based on the applicant's failure to meet the minimum qualifications for licensure or certification. The hearing shall be conducted pursuant to chapter 34.05 RCW.

Sec. 4. RCW 18.36A.140 and 1996 c 191 s 23 are each amended to read as follows:

The secretary shall establish the administrative procedures, administrative requirements, and fees for renewal and late renewal of licenses and certificates as provided in RCW 43.70.250 and 43.70.280.

Sec. 5. RCW 18.36A.160 and 2011 c 41 s 2 are each amended to read as follows:

(1) In addition to any other authority provided by law, the board shall:

(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

(b) Determine the minimum education and experience requirements for licensure in conformance with RCW 18.36A.090, including, but not limited to, approval of educational programs;

(c) Determine the minimum education and training requirements for certification as a colon hydrotherapist under section 1 of this act, including identifying any certification or accreditation organizations that satisfy certification requirements;

(d) Establish standards for the affiliation relationship between a colon hydrotherapist and a naturopath, including standards for communicating a plan of care for a patient, transferring a patient to a higher level of care, and providing general, off-site supervision;

(e) Prepare and administer, or approve the preparation and administration of, examinations for licensure or certification;

(((d)))(f) Establish by rule the procedures for an appeal of examination failure;

(((e)))(g) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's equivalent alternative training to determine the applicant's eligibility to take the examination; and

(((f)))(h) Adopt rules implementing a continuing competency program.

(2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed and uncertified practice, the issuance and denial of licenses and certifications, and the discipline of licensees and certified persons under this chapter.

Sec. 6. RCW 18.130.040 and 2019 c 444 s 11, 2019 c 308 s 18, and 2019 c 55 s 7 are each reenacted and amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW;

(ii) Midwives licensed under chapter 18.50 RCW;

(iii) Ocularists licensed under chapter 18.55 RCW;

(iv) Massage therapists and businesses licensed under chapter 18.108 RCW;

(v) Dental hygienists licensed under chapter 18.29 RCW;

(vi) Acupuncturists or acupuncture and Eastern medicine practitioners licensed under chapter 18.06 RCW;

(vii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(viii) Respiratory care practitioners licensed under chapter 18.89 RCW;

(ix) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18.19 RCW;

(x) Persons licensed as mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, social work associates—advanced, and social work associates—independent clinical under chapter 18.225 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified or medication assistants endorsed under chapter 18.88A RCW;

(xiii) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xiv) Substance use disorder professionals, substance use disorder professional trainees, or co-occurring disorder specialists certified under chapter 18.205 RCW;

(xv) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;

(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xvii) Orthotists and prosthetists licensed under chapter 18.200 RCW;

(xviii) Surgical technologists registered under chapter 18.215 RCW;

(xix) Recreational therapists under chapter 18.230 RCW;

(xx) Animal massage therapists certified under chapter 18.240 RCW;

(xxi) Athletic trainers licensed under chapter 18.250 RCW;

(xxii) Home care aides certified under chapter 18.88B RCW;

(xxiii) Genetic counselors licensed under chapter 18.290 RCW;

(xxiv) Reflexologists certified under chapter 18.108 RCW;

(xxv) Medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, forensic phlebotomist, and medical assistants-registered certified and registered under chapter 18.360 RCW; and

(xxvi) Behavior analysts, assistant behavior analysts, and behavior technicians under chapter 18.380 RCW.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW, licenses and registrations issued under chapter 18.260 RCW, and certifications issued under chapter 18.350 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The pharmacy quality assurance commission as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The Washington medical commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

(xiv) The veterinary board of governors as established in chapter 18.92 RCW;

(xv) The board of naturopathy established in chapter 18.36A RCW, governing licenses and certifications issued under that chapter; and

(xvi) The board of denturists established in chapter 18.30 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses. The disciplining authority may also grant a license subject to conditions.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the uniform disciplinary act, among the disciplining authorities listed in subsection (2) of this section.

Sec. 7. RCW 18.130.040 and 2020 c 80 s 23 are each amended to read as follows: