FINAL BILL REPORT

                                   ESB 5985

PARTIAL VETO

                                 C 27 L 91 E1

                              SYNOPSIS AS ENACTED

Brief Description:  Changing requirements for institutional plans for higher education health care training.

SPONSORS:Senator West.

SENATE COMMITTEE ON HEALTH & LONG‑TERM CARE

BACKGROUND:

During the 1991 legislative session ESHB 1960 was enacted.  The bill established numerous programs to increase the supply of health care professionals in geographic and job specialty areas where shortages are reported.  A statewide health personnel resource plan is authorized to organize and coordinate the data collection, needs assessment and higher education activities of state agencies and public higher education institutions in order to better respond to health care personnel shortages.

The statewide health personnel resource plan will be established by a committee comprised of the Departments of Health and Social and Health Services, the Higher Education Coordinating Board, the State Board for Community College Education and the Superintendent of Public Instruction.  Each of the state's higher education institutions that offer health professional training are required to prepare and implement institutional plans that address issues and activities identified in the statewide plan.

Some confusion has arisen among the higher education institutions as to the role of the boards of regents and trustees of these institutions and their ability to approve or modify the institutional plans.  They have expressed the desire to have clarification written into the law specifically regarding changes in admission and curriculum requirements as a result of the plans.  In addition, they desire clarification in the law stipulating that required programmatic and academic changes be contingent on funding from the Legislature.

The repealer section of ESHB 1960 was vetoed by the Governor because certain sections of law were incorrectly repealed.

SUMMARY:

The institutional plans required by the statewide health personnel resource plan are to be implemented by each higher education institution contingent with the biennial budget.  Whenever possible, each institution must make a good faith effort to implement the plans using existing resources.

If there is a conflict between portions of the institutional plans and requirements set forth by the agency that accredits the health training programs, the institution may deviate from the plan.  Before doing so, it must obtain confirmation from the accrediting agency stating that the proposed changes will jeopardize accreditation and showing that it has made a good faith effort to obtain approval for such changes.  If the changes are not approved, the institution must present the committee an alternative proposal that meets the objectives of the plan and has the approval of the accrediting agency.

The implementation of the institutional plans is subject to the approval of the board of regents or trustees of the institution.  When the board believes that any part of the plan comes into conflict with established standards and practice of the institution, a public hearing must be held in accordance with the Administrative Procedure Act (Chapter 34.05 RCW).  At the hearing the institution must present an alternative proposal that conforms with the requirements established by the statewide plan.  The board is required to prepare and submit to the committee a summary of the hearing proceedings along with its recommendations for changes to the institutional plans.

The conditional nurse scholarship program (Chapter 28B.104 RCW) and the rural physician, pharmacist and midwife scholarship program (Chapter 70.180 RCW) are each repealed.  The programs have been replaced by the health professional loan repayment and scholarship program created in ESHB 1960.  These are technical corrections to the repealer section vetoed by the Governor in ESHB 1960.

A null and void clause is included making the bill contingent upon funding of ESHB 1960 in the biennial budget.

The bill also amends the null and void clause in ESHB 1960 (Chapter 332, Laws of 1991).  If funds are not appropriated for this legislation in the biennial budget, only those portions of the legislation which require funding will be null and void.  Specifically, provisions related to health care provider shortages will be null and void.  Provisions related to veterinarians and to nontraditional health care providers will not be rendered null and void.

VOTES ON FINAL PASSAGE:

First Special Session

Senate      46    0

House 94    0     (House amended)

Senate      42    0     (Senate concurred)

EFFECTIVE:  September 29, 1991

Partial Veto Summary:  The null and void provisions of the bill are vetoed.  Funding for ESHB 1960 is provided for in the biennial budget.  (See VETO MESSAGE)