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.
