58th Legislature
2003 Regular Session

Passed by the House February 10, 2003
  Yeas 94   Nays 0

Speaker of the House of Representatives

Passed by the Senate April 16, 2003
  Yeas 46   Nays 0

President of the Senate

I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1296 as passed by the House of Representatives and the Senate on the dates hereon set forth.

Chief Clerk

Governor of the State of Washington

Secretary of State
State of Washington



Passed Legislature - 2003 Regular Session
State of Washington58th Legislature2003 Regular Session

By Representatives Moeller and Pflug; by request of Department of Health

Read first time 01/22/2003.   Referred to Committee on Health Care.

     AN ACT Relating to making corrections to the department of health's professional and facilities licensing provisions; amending RCW 18.71.040 and 70.127.040; reenacting and amending RCW 18.130.040; repealing RCW 69.41.270; providing an effective date; and declaring an emergency.


Sec. 1   RCW 18.71.040 and 1991 c 3 s 160 are each amended to read as follows:
     Every applicant for a ((certificate)) license to practice medicine and surgery shall pay a fee determined by the secretary as provided in RCW 43.70.250.

Sec. 2   RCW 18.130.040 and 2002 c 223 s 6 and 2002 c 216 s 11 are each reenacted and 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 and designated apprentices 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 under chapter 18.19 RCW;
     (xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW;
     (xii) Persons registered as nursing pool operators under chapter 18.52C RCW;
     (xiii) Nursing assistants registered or certified under chapter 18.88A RCW;
     (xiv) Health care assistants certified under chapter 18.135 RCW;
     (xv) Dietitians and nutritionists certified under chapter 18.138 RCW;
     (xvi) Chemical dependency professionals certified under chapter 18.205 RCW;
     (xvii) Sex offender treatment providers certified under chapter 18.155 RCW;
     (xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
     (xix) Denturists licensed under chapter 18.30 RCW;
     (xx) Orthotists and prosthetists licensed under chapter 18.200 RCW;
     (xxi) Surgical technologists registered under chapter 18.215 RCW; and
     (xxii) Recreational therapists.
     (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.

Sec. 3   RCW 70.127.040 and 2000 c 175 s 4 are each amended to read as follows:
     The following are not subject to regulation for the purposes of this chapter:
     (1) A family member providing home health, hospice, or home care services;
     (2) A person who provides only meal services in an individual's permanent or temporary residence;
     (3) An individual providing home care through a direct agreement with a recipient of care in an individual's permanent or temporary residence;
     (4) A person furnishing or delivering home medical supplies or equipment that does not involve the provision of services beyond those necessary to deliver, set up, and monitor the proper functioning of the equipment and educate the user on its proper use;
     (5) A person who provides services through a contract with a licensed agency;
     (6) An employee or volunteer of a licensed agency who provides services only as an employee or volunteer;
     (7) Facilities and institutions, including but not limited to nursing homes under chapter 18.51 RCW, hospitals under chapter 70.41 RCW, adult family homes under chapter 70.128 RCW, boarding homes under chapter 18.20 RCW, developmental disability residential programs under chapter ((71.12)) 71A.12 RCW, other entities licensed under chapter ((71.12)) 71A.12 RCW, or other licensed facilities and institutions, only when providing services to persons residing within the facility or institution;
     (8) Local and combined city-county health departments providing services under chapters 70.05 and 70.08 RCW;
     (9) An individual providing care to ill, disabled, infirm, or vulnerable individuals through a contract with the department of social and health services;
     (10) Nursing homes, hospitals, or other institutions, agencies, organizations, or persons that contract with licensed home health, hospice, or home care agencies for the delivery of services;
     (11) In-home assessments of an ill, disabled, vulnerable, or infirm individual that does not result in regular ongoing care at home;
     (12) Services conducted by and for the adherents of a church or religious denomination that rely upon spiritual means alone through prayer for healing in accordance with the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by such adherents;
     (13) A medicare-approved dialysis center operating a medicare-approved home dialysis program;
     (14) A person providing case management services. For the purposes of this subsection, "case management" means the assessment, coordination, authorization, planning, training, and monitoring of home health, hospice, and home care, and does not include the direct provision of care to an individual;
     (15) Pharmacies licensed under RCW 18.64.043 that deliver prescription drugs and durable medical equipment that does not involve the use of professional services beyond those authorized to be performed by licensed pharmacists pursuant to chapter 18.64 RCW and those necessary to set up and monitor the proper functioning of the equipment and educate the person on its proper use;
     (16) A volunteer hospice complying with the requirements of RCW 70.127.050; and
     (17) A person who provides home care services without compensation.

NEW SECTION.  Sec. 4   Section 2 of 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, 2003.

NEW SECTION.  Sec. 5   RCW 69.41.270 (Maintenance of records--Inspection by board) and 1989 c 352 s 5 are each repealed.

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