H-1809

AN ACT Relating to the elimination and consolidation of boards and commissions; amending RCW 18.135.030, 43.43.705, 43.43.785, and 43.43.800; creating new sections; repealing RCW 28C.20.010, 28C.20.020, 28C.20.030, 43.43.790, 43.43.795, and 42.17.261; providing an effective date; and declaring an emergency.

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

PART 1

HEALTH CARE ASSISTANTS ADVISORY COMMITTEE

Sec. 101. RCW 18.135.030 and 1994 sp.s. c 9 s 515 are each amended to read as follows:

(1) The secretary or the secretary's designee((, with the advice of designees of the medical care quality assurance commission, the board of osteopathic medicine and surgery, the podiatric medical board, and the nursing care quality assurance commission,)) may appoint members of the health care assistant profession and other health care practitioners, as defined in RCW 18.135.020(3), to serve in an ad hoc capacity to assist in carrying out the provisions of this chapter. The members shall provide advice on matters specifically identified and requested by the secretary. The members shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(2) In addition to any other authority provided by law, the secretary shall adopt rules necessary to:

(a) Administer, implement, and enforce this chapter ((~~and~~));

(b) Establish the minimum requirements necessary for a health care facility or health care practitioner to certify a health care assistant capable of performing the functions authorized in this chapter((~~. The rules shall~~)); and

(3) The rules shall be adopted after fair consideration of input from representatives of each category. These requirements shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following factors:

((~~(1)~~)) (a) The education and occupational qualifications for the health care assistant category;

((~~(2)~~)) (b) The work experience for the health care assistant category;

((~~(3)~~)) (c) The instruction and training provided for the health care assistant category; and

((~~(4)~~)) (d) The types of drugs or diagnostic agents which may be administered by injection by health care assistants working in a hospital or nursing home. The rules established ((~~pursuant to~~)) under this subsection shall not prohibit health care assistants working in a health care facility other than a nursing home or hospital from performing the functions authorized under this chapter.

PART 2

WASHINGTON STATE COUNCIL ON VOCATIONAL EDUCATION

NEW SECTION. Sec. 201. The following acts or parts of acts are each repealed:

(1) RCW 28C.20.010 and 1991 c 238 s 16;

(2) RCW 28C.20.020 and 1991 c 238 s 17; and

(3) RCW 28C.20.030 and 1991 c 238 s 18.

PART 3

WASHINGTON STATE ADVISORY COUNCIL ON CRIMINAL JUSTICE SERVICES

Sec. 301. RCW 43.43.705 and 1989 c 334 s 7 are each amended to read as follows:

Upon the receipt of identification data from criminal justice agencies within this state, the section shall immediately cause the files to be examined and upon request shall promptly return to the contributor of such data a transcript of the record of previous arrests and dispositions of the persons described in the data submitted.

Upon application, the section shall furnish to criminal justice agencies, or to the department of social and health services, hereinafter referred to as the "department", a transcript of the criminal offender record information, dependency record information, or protection proceeding record information available pertaining to any person of whom the section has a record.

For the purposes of RCW 43.43.700 through 43.43.800 the following words and phrases shall have the following meanings:

"Criminal offender record information" includes, and shall be restricted to identifying data and public record information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal offender record information" shall not include intelligence, analytical, or investigative reports and files.

"Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.

"Dependency record information" includes and shall be restricted to identifying data regarding a person, over the age of eighteen, who was a party to a dependency proceeding brought under chapter 13.34 RCW and who has been found, pursuant to such dependency proceeding, to have sexually abused or exploited or physically abused a child.

"Protection proceeding record information" includes and shall be restricted to identifying data regarding a person, over eighteen, who was a respondent to a protection proceeding brought under chapter 74.34 RCW and who has been found pursuant to such a proceeding to have abused or financially exploited a vulnerable adult.

The section may refuse to furnish any information pertaining to the identification or history of any person or persons of whom it has a record, or other information in its files and records, to any applicant if the chief determines that the applicant has previously misused information furnished to such applicant by the section or the chief believes that the applicant will not use the information requested solely for the purpose of due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760(3). The applicant may appeal such determination ((~~and denial of information to the advisory council created in RCW 43.43.785 and the council may direct that the section furnish such information to the applicant~~)) by notifying the chief in writing within thirty days. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW and in accordance with procedures for adjudicative proceedings under chapter 34.05 RCW.

Sec. 302. RCW 43.43.785 and 1972 ex.s. c 152 s 18 are each amended to read as follows:

The legislature finds that there is a need for the Washington state patrol to establish a program which will consolidate existing programs of criminal justice services within its jurisdiction so that such services may be more effectively utilized by the criminal justice agencies of this state. The chief((~~, with the advice of the state advisory council on criminal justice services created in RCW 43.43.790,~~)) shall establish such a program which shall include but not be limited to the identification section, all auxiliary systems including the Washington crime information center and the teletypewriter communications network, the drug control assistance unit, and any other services the chief deems necessary which are not directly related to traffic control.

Sec. 303. RCW 43.43.800 and 1972 ex.s. c 152 s 21 are each amended to read as follows:

The ((~~advisory council~~)) executive committee created in RCW 10.98.160 shall review the provisions of RCW 43.43.700 through 43.43.785 and the administration thereof and shall consult with and advise the chief of the state patrol on matters pertaining to the policies of criminal justice services program.

((~~The council shall appoint technical advisory committees comprised of members of criminal justice agencies having demonstrated technical expertise in the various fields of specialty within the program.~~))

NEW SECTION. Sec. 304. The following acts or parts of acts are each repealed:

(1) RCW 43.43.790 and 1972 ex.s. c 152 s 19; and

(2) RCW 43.43.795 and 1972 ex.s. c 152 s 20.

PART 4

COMMUNITY DIVERSIFICATION PROGRAM ADVISORY COMMITTEE

NEW SECTION. Sec. 401. By July 1, 1997, the director of the department of community, trade, and economic development shall abolish the community diversification program advisory committee.

PART 5

LOWER COLUMBIA RIVER BISTATE STEERING COMMITTEE

NEW SECTION. Sec. 501. The bistate steering committee created in section 302(28)(a), chapter 16, Laws of 1990 1st ex. sess. is abolished.

PART 6

DEPARTMENT OF CORRECTIONS WORK RELEASE SITING COMMITTEES

NEW SECTION. Sec. 601. By July 1, 1997, the secretary of corrections shall abolish the work release advisory committee, the Pierce county advisory committee, the Moses Lake search committee, the Spokane search committee, the Bremerton advisory committee, and the Kitsap county work release facility analysis and site evaluation committee.

PART 7

PUBLIC INFORMATION ACCESS POLICY TASK FORCE

NEW SECTION. Sec. 701. RCW 42.17.261 and 1994 c 40 s 4 are each repealed.

PART 8

MISCELLANEOUS

NEW SECTION. Sec. 801. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 802. 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 takes effect July 1, 1997.