CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5423
Chapter 247, Laws of 2021
67TH LEGISLATURE
2021 REGULAR SESSION
TELEMEDICINE CONSULTATIONS—OUT-OF-STATE PRACTITIONERS
EFFECTIVE DATE: July 25, 2021
Passed by the Senate April 15, 2021
  Yeas 48  Nays 0
DENNY HECK

President of the Senate
Passed by the House March 24, 2021
  Yeas 98  Nays 0
LAURIE JINKINS

Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5423 as passed by the Senate and the House of Representatives on the dates hereon set forth.
BRAD HENDRICKSON

Secretary
Secretary
Approved May 10, 2021 3:43 PM
FILED
May 10, 2021
JAY INSLEE

Governor of the State of Washington
Secretary of State
State of Washington

SUBSTITUTE SENATE BILL 5423

AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington
67th Legislature
2021 Regular Session
BySenate Health & Long Term Care (originally sponsored by Senators Rivers, Cleveland, and Holy)
READ FIRST TIME 02/11/21.
AN ACT Relating to telemedicine consultations; and amending RCW 18.71.030 and 18.57.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.71.030 and 2019 c 270 s 3 are each amended to read as follows:
Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:
(1) The furnishing of medical assistance in cases of emergency requiring immediate attention;
(2) The domestic administration of family remedies;
(3) The administration of oral medication of any nature to students by public school district employees or private elementary or secondary school employees as provided for in chapter 28A.210 RCW;
(4) The practice of dentistry, osteopathic medicine and surgery, nursing, chiropractic, podiatric medicine and surgery, optometry, naturopathy, or any other healing art licensed under the methods or means permitted by such license;
(5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States;
(6) The consultation through telemedicine or other means by a practitioner, licensed by another state or territory in which he or she resides, with a practitioner licensed in this state who has responsibility for the diagnosis and treatment of the patient within this state;
(7) The in-person practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state;
(((7)))(8) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the commission if:
(a) The performance of such services is only pursuant to a regular course of instruction or assignments from his or her instructor ((or)); or
(b) Such services are performed only under the supervision and control of a person licensed pursuant to this chapter; or
(c)(i) Such services are performed without compensation or expectation of compensation as part of a volunteer activity;
(ii) The student is under the direct supervision and control of a pharmacist licensed under chapter 18.64 RCW, an osteopathic physician and surgeon licensed under chapter 18.57 RCW, or a registered nurse or advanced registered nurse practitioner licensed under chapter 18.79 RCW;
(iii) The services the student performs are within the scope of practice of: (A) A physician licensed under this chapter; and (B) the person supervising the student;
(iv) The school in which the student is enrolled verifies the student has demonstrated competency through his or her education and training to perform the services; and
(v) The student provides proof of current malpractice insurance to the volunteer activity organizer prior to performing any services;
(((8)))(9) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state, however, the performance of such services shall be only pursuant to his or her duties as a trainee;
(((9)))(10) The practice of medicine by a person who is regularly enrolled in a physician assistant program approved by the commission, however, the performance of such services shall be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter;
(((10)))(11) The practice of medicine by a licensed physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter;
(((11)))(12) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof;
(((12)))(13) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the commission, however, a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient's attending surgeon, obstetrician, or psychiatrist, and the commission has jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to this chapter and chapter 18.130 RCW;
(((13)))(14) Emergency lifesaving service rendered by a physician's trained advanced emergency medical technician and paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician;
(((14)))(15) The provision of clean, intermittent bladder catheterization for students by public school district employees or private school employees as provided for in RCW 18.79.290 and 28A.210.280.
Sec. 2. RCW 18.57.040 and 2019 c 270 s 2 are each amended to read as follows:
Nothing in this chapter shall be construed to prohibit:
(1) Service in the case of emergency;
(2) The domestic administration of family remedies;
(3) The practice of midwifery as permitted under chapter 18.50 RCW;
(4) The practice of osteopathic medicine and surgery by any commissioned medical officer in the United States government or military service or by any osteopathic physician and surgeon employed by a federal agency, in the discharge of his or her official duties;
(5) Practice by a dentist licensed under chapter 18.32 RCW when engaged exclusively in the practice of dentistry;
(6) The consultation through telemedicine or other means by a practitioner, licensed by another state or territory in which he or she resides, with a practitioner licensed in this state who has responsibility for the diagnosis and treatment of the patient within this state;
(7)((Practice))In-person practice by any osteopathic physician and surgeon from any other state or territory in which he or she resides: PROVIDED, That such practitioner shall not open an office or appoint a place of meeting patients or receive calls within the limits of this state;
(((7)))(8) Practice by a person who is a student enrolled in an accredited school of osteopathic medicine and surgery approved by the board if:
(a) The performance of such services is only pursuant to a course of instruction or assignments from his or her instructor or school, and such services are performed only under the supervision of a person licensed pursuant to this chapter or chapter 18.71 RCW; or
(b)(i) Such services are performed without compensation or expectation of compensation as part of a volunteer activity;
(ii) The student is under the direct supervision and control of a pharmacist licensed under chapter 18.64 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician and surgeon licensed under this chapter (( 18.57 RCW)), or a registered nurse or advanced registered nurse practitioner licensed under chapter 18.79 RCW;
(iii) The services the student performs are within the scope of practice of: (A) An osteopathic physician and surgeon licensed under this chapter; and (B) the person supervising the student;
(iv) The school in which the student is enrolled verifies the student has demonstrated competency through his or her education and training to perform the services; and
(v) The student provides proof of current malpractice insurance to the volunteer activity organizer prior to performing any services;
(((8)))(9) Practice by an osteopathic physician and surgeon serving a period of clinical postgraduate medical training in a postgraduate program approved by the board: PROVIDED, That the performance of such services be only pursuant to a course of instruction in said program, and said services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW; or
(((9)))(10) Practice by a person who is enrolled in a physician assistant program approved by the board who is performing such services only pursuant to a course of instruction in said program: PROVIDED, That such services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW.
This chapter shall not be construed to apply in any manner to any other system or method of treating the sick or afflicted or to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer.
Passed by the Senate April 15, 2021.
Passed by the House March 24, 2021.
Approved by the Governor May 10, 2021.
Filed in Office of Secretary of State May 10, 2021.
--- END ---