Z-0925.5 _______________________________________________
HOUSE BILL 2683
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives O'Brien, Cody and Chase; by request of Department of Social and Health Services
Read first time 01/23/2002. Referred to Committee on Judiciary.
AN ACT Relating to contracting for medical care services under chapter 71.09 RCW; amending RCW 71.09.020; adding a new section to chapter 71.09 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 71.09 RCW to read as follows:
(1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents as may be necessary to provide basic medical care to residents. The contracts shall not cause the termination of classified employees of the department rendering the services at the time the contract is executed.
(2) In contracting for services, the secretary is authorized to provide for indemnification of health care practitioners who cannot obtain professional liability insurance through reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith performance or failure of performance of services on behalf of the department. The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees.
Sec. 2. RCW 71.09.020 and 2001 2nd sp.s. c 12 s 102 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of social and health services.
(2) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, federally approved renal dialysis center or facility, or federally approved blood bank.
(3) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a regulated health profession.
(4) "Health care services" means those services provided by health professionals licensed pursuant to RCW 18.120.020(4).
(5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).
(6) "Less restrictive alternative" means court‑ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092.
(((3))) (7)
"Likely to engage in predatory acts of sexual violence if not confined in
a secure facility" means that the person more probably than not will
engage in such acts if released unconditionally from detention on the sexually
violent predator petition. Such likelihood must be evidenced by a recent overt
act if the person is not totally confined at the time the petition is filed
under RCW 71.09.030.
(((4))) (8)
"Mental abnormality" means a congenital or acquired condition
affecting the emotional or volitional capacity which predisposes the person to
the commission of criminal sexual acts in a degree constituting such person a
menace to the health and safety of others.
(((5))) (9)
"Predatory" means acts directed towards: (a) Strangers; (b)
individuals with whom a relationship has been established or promoted for the
primary purpose of victimization; or (c) persons of casual acquaintance with
whom no substantial personal relationship exists.
(((6))) (10)
"Recent overt act" means any act or threat that has either caused
harm of a sexually violent nature or creates a reasonable apprehension of such
harm in the mind of an objective person who knows of the history and mental
condition of the person engaging in the act.
(((7))) (11)
"Risk potential activity" or "risk potential facility"
means an activity or facility that provides a higher incidence of risk to the
public from persons conditionally released from the special commitment center.
Risk potential activities and facilities include: Public and private schools,
school bus stops, licensed day care and licensed preschool facilities, public
parks, publicly dedicated trails, sports fields, playgrounds, recreational and
community centers, churches, synagogues, temples, mosques, and public
libraries.
(((8))) (12)
"Secretary" means the secretary of social and health services or the
secretary's designee.
(((9))) (13)
"Secure facility" means a residential facility for persons civilly
confined under the provisions of this chapter that includes security measures
sufficient to protect the community. Such facilities include total confinement
facilities, secure community transition facilities, and any residence used as a
court-ordered placement under RCW 71.09.096.
(((10))) (14)
"Secure community transition facility" means a residential facility
for persons civilly committed and conditionally released to a less restrictive
alternative under this chapter. A secure community transition facility has
supervision and security, and either provides or ensures the provision of sex
offender treatment services. Secure community transition facilities include
but are not limited to the facilities established pursuant to RCW 71.09.250 and
any community‑based facilities established under this chapter and
operated by the secretary or under contract with the secretary.
(((11))) (15)
"Sexually violent offense" means an act committed on, before, or after
July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first
degree, rape in the second degree by forcible compulsion, rape of a child in
the first or second degree, statutory rape in the first or second degree,
indecent liberties by forcible compulsion, indecent liberties against a child
under age fourteen, incest against a child under age fourteen, or child
molestation in the first or second degree; (b) a felony offense in effect at
any time prior to July 1, 1990, that is comparable to a sexually violent
offense as defined in (a) of this subsection, or any federal or out-of-state
conviction for a felony offense that under the laws of this state would be a
sexually violent offense as defined in this subsection; (c) an act of murder in
the first or second degree, assault in the first or second degree, assault of a
child in the first or second degree, kidnapping in the first or second degree,
burglary in the first degree, residential burglary, or unlawful imprisonment,
which act, either at the time of sentencing for the offense or subsequently
during civil commitment proceedings pursuant to this chapter, has been
determined beyond a reasonable doubt to have been sexually motivated, as that
term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28
RCW, that is an attempt, criminal solicitation, or criminal conspiracy to
commit one of the felonies designated in (a), (b), or (c) of this subsection.
(((12))) (16)
"Sexually violent predator" means any person who has been convicted
of or charged with a crime of sexual violence and who suffers from a mental
abnormality or personality disorder which makes the person likely to engage in
predatory acts of sexual violence if not confined in a secure facility.
(((13))) (17)
"Total confinement facility" means a facility that provides
supervision and sex offender treatment services in a total confinement
setting. Total confinement facilities include the special commitment center
and any similar facility designated as a secure facility by the secretary.
NEW SECTION. Sec. 3. 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 immediately.
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