[atlas:bill]

AN ACT Relating to requiring registration of a school health aide; amending RCW 18.130.040; and adding a new chapter to Title 18 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that there is a diminishing supply of school nurses serving the health needs of students in the state's school districts. The supply of nurses has not increased in proportion to school enrollment. In addition, the increasingly complex health needs of students can no longer be adequately met by the delegation of nursing tasks to unlicensed and untrained school personnel, such as teachers, teacher's assistants, and secretarial staff, without compromising the health of students and exposing school districts to legal liability. The delegation practices in public school districts of complex nursing tasks are of questionable legality and the opportunity for error has life-threatening consequences. Removing health barriers to learning is essential to the successful education of students, and should be addressed in the state's public schools by recognizing established nursing practice standards and the state's uniform professional accountability processes. The legislature declares that the training of registered school health assistants is in the interest of public health and safety.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Commission" means the nursing care quality assurance commission created in RCW 18.79.070.

(2) "Department" means the department of health.

(3) "School health assistant" means a person registered under this chapter who performs health care tasks for students in public school districts (K-12). Typical health care tasks would include visual and auditory screening of pupils under RCW 28A.210.020, scoliosis screening under RCW 28A.210.180, administration of oral medication under RCW 28A.210.260, and clean intermittent catheterization under RCW 28A.210.280.

(4) "Secretary" means the secretary of health.

NEW SECTION. Sec. 3. (1) No certificated or classified school district employee may practice or represent himself or herself as a school health assistant by use of any title or description of services without being registered to practice by the department, unless otherwise exempted by this chapter.

(2) Nursing tasks delegated to a school health assistant include those nursing procedures applicable to school districts provided under RCW 28A.210.020, 28A.210.180, 28A.210.260, and 28A.210.280.

(3) Nothing in this section shall be construed to affect the scope of nursing procedures applicable to school districts as provided by law.

(4) School health assistants may not be subject to any employer reprisal or disciplinary action by the secretary for refusing to accept the delegation of a nursing task based on patient safety issues, except in an emergent life-threatening situation.

NEW SECTION. Sec. 4. Nothing in this chapter shall be construed to prohibit or restrict:

(1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice;

(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; or

(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

NEW SECTION. Sec. 5. In addition to any other authority provided by law, the secretary has the authority to:

(1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter;

(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;

(3) Establish forms and procedures necessary to administer this chapter;

(4) Register any applicants, and deny registration to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of registration based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter; and

(6) Maintain the official department record of all applicants and persons registered under this chapter.

NEW SECTION. Sec. 6. The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for registration under this chapter and the results of each application.

NEW SECTION. Sec. 7. The secretary shall issue a registration to any applicant who completes an application that identifies the name and address of the applicant, the registration being requested, and information required by the secretary necessary to establish whether there are grounds for denial of a registration or issuance of a conditional registration under chapter 18.130 RCW.

NEW SECTION. Sec. 8. Applications for registration as a school health assistant shall be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application.

NEW SECTION. Sec. 9. The secretary shall establish by rule the procedural requirements and fees for renewal of a registration. Failure to renew shall invalidate the registration and all privileges granted by the registration.

NEW SECTION. Sec. 10. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations, unauthorized practice, and the discipline of persons registered under this chapter. The secretary is the disciplining authority under this chapter.

Sec. 11. RCW 18.130.040 and 1999 c 335 s 10 are each amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners licensed under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.88A RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Chemical dependency professionals certified under chapter 18.205 RCW;

(xvi) Sex offender treatment providers certified under chapter 18.155 RCW;

(xvii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xviii) Persons registered as adult family home providers and resident managers under RCW 18.48.020;

(xix) Denturists licensed under chapter 18.30 RCW;

(xx) Orthotists and prosthetists licensed under chapter 18.200 RCW; ((~~and~~))

(xxi) Surgical technologists registered under chapter 18.215 RCW; and

(xxii) School health assistants registered under chapter 18.-- RCW (sections 1 through 10 and 12 of this act).

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 13. Sections 1 through 10 and 12 of this act constitute a new chapter in Title 18 RCW.