1758-S

AN ACT Relating to repealing the health personnel resources plan, transferring data gathering to the health services commission; amending RCW 43.70.470; adding a new section to chapter 70.170 RCW; adding a new section to chapter 28B.80 RCW; creating new sections; repealing RCW 28B.125.005 and 28B.125.010; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The intent of this act is to create the capacity to collect data regarding the distribution of health care professionals in the state. The purpose of this collection is to make the data available to the public and private sector for their use.

This data gathering and the analysis of the data by state government is done with the assumption that the scopes of practice of the health care professions in effect at that time are appropriate.

Sec. 2. RCW 43.70.470 and 1993 c 492 s 277 are each amended to read as follows:

The department may establish by rule the conditions of participation in the liability insurance program by retired primary care providers at clinics utilizing retired ((~~physicians [primary care providers]~~)) primary care providers for the purposes of this section and RCW 43.70.460. These conditions shall include, but not be limited to, the following:

(1) The participating primary care provider associated with the clinic shall hold a valid license to practice as a physician under chapter 18.71 or 18.57 RCW, a naturopath under chapter 18.36A RCW, a physician assistant under chapter 18.71A or 18.57A RCW, an advanced registered nurse practitioner under chapter ((~~18.88~~)) 18.79 RCW, or a dentist under chapter 18.32 RCW((~~, or other health professionals as may be deemed in short supply in the health personnel resource plan under chapter 28B.125 RCW~~)). All primary care providers must be in conformity with current requirements for licensure as a retired primary care provider, including continuing education requirements;

(2) The participating primary care provider shall limit the scope of practice in the clinic to primary care. Primary care shall be limited to noninvasive procedures and shall not include obstetrical care, or any specialized care and treatment. Noninvasive procedures include injections, suturing of minor lacerations, and incisions of boils or superficial abscesses. Primary dental care shall be limited to diagnosis, oral hygiene, restoration, and extractions and shall not include orthodontia, or other specialized care and treatment;

(3) The provision of liability insurance coverage shall not extend to acts outside the scope of rendering medical services pursuant to this section and RCW 43.70.460;

(4) The participating primary care provider shall limit the provision of health care services to primarily low-income persons provided that clinics may, but are not required to, provide means tests for eligibility as a condition for obtaining health care services;

(5) The participating primary care provider shall not accept compensation for providing health care services from patients served pursuant to this section and RCW 43.70.460, nor from clinics serving these patients. "Compensation" shall mean any remuneration of value to the participating primary care provider for services provided by the primary care provider, but shall not be construed to include any nominal copayments charged by the clinic, nor reimbursement of related expenses of a participating primary care provider authorized by the clinic in advance of being incurred; and

(6) The use of mediation or arbitration for resolving questions of potential liability may be used, however any mediation or arbitration agreement format shall be expressed in terms clear enough for a person with a sixth grade level of education to understand, and on a form no longer than one page in length.

NEW SECTION. Sec. 3. A new section is added to chapter 70.170 RCW to read as follows:

There is established, within the health services commission, or its successor agency, within the information advisory council, a health care professional information data system. The system shall identify the type, number, and location of health care professionals working in the state and create a centralized inventory of applications, matriculations, and graduations from all health care training programs in the state in vocational-technical training, community colleges, and four-year colleges and universities.

NEW SECTION. Sec. 4. The functions of implementing the state-wide nursing plan authorized by RCW 74.39.040 are hereby transferred to the higher education coordinating board from the committee established by RCW 28B.125.010.

NEW SECTION. Sec. 5. A new section is added to chapter 28B.80 RCW to read as follows:

In its deliberations regarding the health professions scholarship and forgivable loan program, the board shall consider data collected under section 3 of this act in relation to areas of the state experiencing provider shortages as identified by the Washington health services commission or its successor agency.

NEW SECTION. Sec. 6. The department of health shall cease its work on "Health Care Workforce 2000" and either reallocate the funds from the Pew commission grant for use in childhood immunization or return the funds to the Pew commission.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 28B.125.005 and 1991 c 332 s 4; and

(2) RCW 28B.125.010 and 1993 c 492 s 270 & 1991 c 332 s 5.

NEW SECTION. Sec. 8. Information gathered through this act shall not be used to change or recommend change to the scope of practice of any health care profession nor shall the commission, the information advisory council, or its successor advise, or undertake to change such scope of practice.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.