AN ACT
Relating to emergency medical service professionals; and amending RCW
18.71.030, 18.71.200, 18.71.205, and 18.71.210.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.71.030 and 1994 sp.s. c 9 s 306 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, osteopathy, osteopathy 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 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) The
practice of medicine by a person who is a regular student in a school of
medicine approved and accredited by the commission, however, the performance of
such services be only pursuant to a regular course of instruction or
assignments from his or her instructor, or that such services are performed
only under the supervision and control of a person licensed pursuant to this
chapter;
(8)
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)
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)
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)
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)
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)
Emergency lifesaving service rendered by a physician's trained ((mobile
intravenous therapy technician, by a physician's trained mobile airway
management technician, or by a physician's trained mobile intensive care paramedic))
emergency medical service intermediate life support 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)
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
18.71.200 and 1991 c 3 s 165 are each amended to read as follows:
(((1)))
As used in this chapter, a "physician's trained ((mobile intravenous
therapy)) emergency medical service intermediate life support
technician and paramedic" means a person who:
(((a)))
(1) Has successfully completed an emergency medical technician course as
described in chapter 18.73 RCW;
(((b)))
(2) Is trained under the supervision of an approved medical program
director ((to administer intravenous solutions)) according to
training standards prescribed in rule to perform specific phases of advanced
cardiac and trauma life support under written or oral authorization of an
approved licensed physician; and
(((c)))
(3) Has been examined and certified as a physician's trained ((mobile
intravenous therapy)) emergency medical service intermediate life
support technician and paramedic, by level, by the University of
Washington's school of medicine or the department of health((;
(2)
As used in this chapter, a "physician's trained mobile airway management
technician" means a person who:
(a)
Has successfully completed an emergency medical technician course as described
in chapter 18.73 RCW;
(b)
Is trained under the supervision of an approved medical program director to
perform endotracheal airway management and other authorized aids to ventilation
under written or oral authorization of an approved licensed physician; and
(c)
Has been examined and certified as a physician's trained mobile airway
management technician by the University of Washington's school of medicine or
the department of health; and
(3)
As used in this chapter, a "physician's trained mobile intensive care
paramedic" means a person who:
(a)
Has successfully completed an emergency medical technician course as described
in chapter 18.73 RCW;
(b)
Is trained under the supervision of an approved medical program director:
(i)
To carry out all phases of advanced cardiac life support;
(ii)
To administer drugs under written or oral authorization of an approved licensed
physician; and
(iii)
To administer intravenous solutions under written or oral authorization of an
approved licensed physician; and
(iv)
To perform endotracheal airway management and other authorized aids to
ventilation; and
(c)
Has been examined and certified as a physician's trained mobile intensive care
paramedic by the University of Washington's school of medicine or by the
department of health)).
Sec.
3. RCW
18.71.205 and 1994 sp.s. c 9 s 316 are each amended to read as follows:
(1)
The secretary of the department of health, in conjunction with the advice and
assistance of the emergency medical services licensing and certification
advisory committee as prescribed in RCW 18.73.050, and the commission, shall
prescribe:
(a) Practice
parameters, training standards for, and levels of, physician trained emergency
medical service intermediate life support technicians and paramedics;
(b)
Minimum standards and performance requirements for the certification and
recertification of physician's trained ((intravenous therapy technicians,
airway management technicians, and mobile intensive care paramedics)) emergency
medical service intermediate life support technicians and paramedics; and
(((b)))
(c) Procedures for certification, recertification, and decertification
of physician's trained ((intravenous therapy technicians, airway management
technicians, and mobile intensive care paramedics)) emergency medical
service intermediate life support technicians and paramedics.
(2)
Initial certification shall be for a period of three years.
(3)
Recertification shall be granted upon proof of continuing satisfactory
performance and education, and shall be for a period of three years.
(4) As
used in chapters 18.71 and 18.73 RCW, "approved medical program
director" means a person who:
(a) Is
licensed to practice medicine and surgery pursuant to chapter 18.71 RCW or
osteopathy and surgery pursuant to chapter 18.57 RCW; and
(b) Is
qualified and knowledgeable in the administration and management of emergency
care and services; and
(c) Is
so certified by the department of health for a county, group of counties, or
cities with populations over four hundred thousand in coordination with the
recommendations of the local medical community and local emergency medical
services and trauma care council.
(5)
The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice,
the issuance and denial of certificates, and the disciplining of certificate
holders under this section. The secretary shall be the disciplining authority
under this section. Disciplinary action shall be initiated against a person
credentialed under this chapter in a manner consistent with the
responsibilities and duties of the medical program director under whom such
person is responsible.
(6)
Such activities of physician trained emergency medical service intermediate
life support technicians and paramedics shall be limited to actions taken under
the express written or oral order of medical program directors and shall not be
construed at any time to include free standing or nondirected actions, for
actions not presenting an emergency or life-threatening condition.
Sec.
4. RCW
18.71.210 and 1989 c 260 s 4 are each amended to read as follows:
No act
or omission of any physician's trained ((mobile intensive care paramedic,
intravenous therapy)) emergency medical service intermediate life
support technician and paramedic, ((or airway management
technician,)) as defined in RCW 18.71.200 ((as now or hereafter amended)),
any emergency medical technician or first responder as defined in RCW
18.73.030, done or omitted in good faith while rendering emergency medical
service under the responsible supervision and control of a licensed physician
or an approved medical program director or delegate(s) to a person who has
suffered illness or bodily injury shall impose any liability upon:
(1)
The physician's trained ((mobile intensive care paramedic,
intravenous therapy technician, airway management technician,)) emergency
medical service intermediate life support technician and paramedic,
emergency medical technician, or first responder;
(2)
The medical program director;
(3)
The supervising physician(s);
(4)
Any hospital, the officers, members of the staff, nurses, or other employees of
a hospital;
(5)
Any training agency or training physician(s);
(6)
Any licensed ambulance service; or
(7)
Any federal, state, county, city or other local governmental unit or employees
of such a governmental unit.
This
section shall apply to an act or omission committed or omitted in the
performance of the actual emergency medical procedures and not in the
commission or omission of an act which is not within the field of medical
expertise of the physician's trained ((mobile intensive care paramedic,
intravenous therapy technician, airway management)) emergency medical
service intermediate life support technician and paramedic,
emergency medical technician, or first responder, as the case may be.
This
section shall not relieve a physician or a hospital of any duty otherwise
imposed by law upon such physician or hospital for the designation or training
of a physician's trained ((mobile intensive care paramedic, intravenous
therapy technician, airway management)) emergency medical service
intermediate life support technician and paramedic, emergency
medical technician, or first responder, nor shall this section relieve any
individual or other entity listed in this section of any duty otherwise imposed
by law for the provision or maintenance of equipment to be used by the
physician's trained ((mobile intensive care paramedics, intravenous therapy
technicians, airway management)) emergency medical service intermediate
life support technicians and paramedics, emergency medical technicians,
or first responders.
This
section shall not apply to any act or omission which constitutes either gross
negligence or willful or wanton misconduct.
