Brief Description: Regulating the catheterization of students.

Sponsors: Representatives Cody, Pflug, Clibborn, Lovick, McDonald, Dunshee, Delvin, Benson, Miloscia, Eickmeyer, Mielke, Schindler, Schoesler, Linville, Pearson, Kessler, Cairnes, Mastin and Grant.

Hearing Date: 2/19/03

Staff: Chris Blake (786-7392).

Background:

Any state that receives funds under the Federal Education of the Handicapped Act must assure "all handicapped children the right to a free and appropriate education." A "free and appropriate education" is defined as "special education and related services." The United States Supreme Court has interpreted the term "related services" to include clean, intermittent catheterization because it is a service that is necessary to allow a child to remain at school during the day.

In Washington State, school districts and private schools must adopt policies on the provision of clean, intermittent bladder catheterization if a school provides this service for students during school hours. School districts must also comply with rules adopted by the Nursing Care Quality Assurance Commission (Commission). The requirements of this rule include parental request, parental permission, physician written orders, registered nurse instructions, and training for nonlicensed school employees performing the service.

School employees are not liable for providing catheterization services if they have followed the Commission's rules and the school district's policies. A school is not liable for discontinuing catheterization services if prior notice is given to the student's parent or guardian and the school makes other provisions for the catheterization of the student as required by federal or state law.

Summary of Bill:

School district employees, other than nurses, that have not agreed in writing to perform clean, intermittent bladder catheterizations as part of their job descriptions, may file a letter refusing to perform these services without reprisal from the school district.

Appropriation: None.

Fiscal Note: Requested on February 14, 2003.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.