H-1555

AN ACT Relating to an interdepartmental advisory council for persons with functional disabilities; amending RCW 18.51.070 and 43.20.030; adding a new chapter to Title 43 RCW; creating a new section; and repealing RCW 43.20A.680, 43.20A.685, 43.20A.690, 43.20A.695, 18.51.100, 18.51.110, 18.51.910, and 18.51.911.

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

NEW SECTION. Sec. 1. The legislature acknowledges that several departments and agencies of government provide diverse long-term care services to a broad range of people who have functional disabilities. The legislature also recognizes that the state council on aging and the nursing home advisory council and the various councils that advise specific entities of the administration do not adequately represent the interests of persons with functional disabilities who require these services. Therefore, it is the intent of the legislature to replace the state council on aging and the nursing home advisory council and establish an interdepartmental advisory council for persons with functional disabilities. Further, it is the legislature's intent that the secretary of social and health services use the authority in RCW 43.20A.360 to create councils deemed necessary to comply with the intent of RCW 43.20A.350.

NEW SECTION. Sec. 2. The interdepartmental advisory council for persons with functional disabilities is established as an advisory council to the governor, the secretaries of the departments of social and health services and health, the directors of the departments of community development, services for the blind, and veterans affairs, and the insurance commissioner. The secretary of social and health services shall provide appropriate staff support.

NEW SECTION. Sec. 3. (1) The interdepartmental advisory council for persons with functional disabilities shall have not more than twenty-one members. The initial members of the council shall be appointed by the governor to staggered terms, such that approximately one-third of the members serve terms of one year, one-third serve terms of two years, and one-third serve terms of three years. Thereafter, members of the council shall be appointed by the governor to terms of three years, except in the case of a vacancy, in which event appointment shall be for the remainder of the unexpired term for which the vacancy occurs. No member of the council may serve more than two consecutive terms.

(2) Eleven or more of the members shall be from charitable or educational organizations that are exempt from federal taxation under section 501(c)(3) of the internal revenue code and are primarily concerned with a particular category or group of categories of persons with functional disabilities. Members shall also be appointed to represent the interests of federally funded agencies concerned with categories of persons with functional disabilities. Such agencies include the developmental disabilities planning council, governor's committee for disability issues and employment, long-term care ombudsman program, and protection and advocacy system (mental health and developmental disabilities). At least one-fifth of the members must represent persons with functional disabilities who are unserved or underserved by the current systems because of disease, age, or ethnic category or remoteness of residence. No members may also be providers or administrators of long-term care services. The councilmembers shall elect a chair of the council from its membership to serve for a maximum of one year.

NEW SECTION. Sec. 4. The interdepartmental advisory council for persons with functional disabilities shall meet bimonthly. Members shall be reimbursed for travel expenses and per diem in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. (1) The interdepartmental advisory council for persons with functional disabilities has the following powers and duties:

(a) To serve in an advisory capacity to the governor, the secretaries of social and health services and health, the directors of the departments of community development, veterans affairs, and services to the blind, and the insurance commissioner on all matters pertaining to policies, programs, and services offered by any element of state government providing long-term care services to persons with functional disabilities; and

(b) To provide for self-advocacy by persons affected by functional disability through sponsorship of training, legislative and other conferences, workshops, and other methods as appropriate.

(2) The council shall establish bylaws to aid in the performance of its powers and duties.

Sec. 6. RCW 18.51.070 and 1979 ex.s. c 211 s 64 are each amended to read as follows:

The department, after consultation with the ((~~nursing home advisory council and the~~)) board of health, shall adopt, amend, and promulgate ((~~such~~)) rules((~~, regulations,~~)) and standards with respect to all nursing homes to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate medical and nursing care of individuals in nursing homes and the sanitary, hygienic and safe conditions of the nursing home in the interest of public health, safety, and welfare.

Sec. 7. RCW 43.20.030 and 1984 c 287 s 75 are each amended to read as follows:

The state board of health shall be composed of ten members. These shall be the secretary or the secretary's designee and nine other persons to be appointed by the governor, including four persons experienced in matters of health and sanitation, an elected city official who is a member of a local health board, an elected county official who is a member of a local health board, a local health officer, and two persons representing the consumers of health care. Before appointing the city official, the governor shall consider any recommendations submitted by the association of Washington cities. Before appointing the county official, the governor shall consider any recommendations submitted by the Washington state association of counties. Before appointing the local health officer, the governor shall consider any recommendations submitted by the Washington state association of local public health officials. Before appointing one of the two consumer representatives, the governor shall consider any recommendations submitted by the ((~~state council on aging~~)) interdepartmental council for persons with functional disabilities. The chairman shall be selected by the governor from among the nine appointed members. The department of social and health services shall provide necessary technical staff support to the board. The board may employ an executive director and a confidential secretary, each of whom shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.

Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 43.20A.680 and 1981 c 151 s 1;

(2) RCW 43.20A.685 and 1981 c 151 s 2;

(3) RCW 43.20A.690 and 1981 c 151 s 3;

(4) RCW 43.20A.695 and 1981 c 151 s 4;

(5) RCW 18.51.100 and 1984 c 287 s 39, 1979 ex.s. c 211 s 65, 1971 ex.s. c 85 s 1, & 1951 c 117 s 11;

(6) RCW 18.51.110 and 1979 ex.s. c 211 s 66 & 1951 c 117 s 12;

(7) RCW 18.51.910 and 1990 c 297 s 3, 1988 c 288 s 4, 1986 c 270 s 3, & 1983 c 197 s 24; and

(8) RCW 18.51.911 and 1990 c 297 s 4, 1988 c 288 s 5, 1986 c 270 s 4, & 1983 c 197 s 50.

NEW SECTION. Sec. 9. Sections 2 through 5 of this act shall constitute a new chapter in Title 43 RCW.