BILL REQ. #:  S-0637.3 

Read first time 02/21/2005.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to performance and interpretation of nerve conduction tests and performance of needle electromyography; amending RCW 18.71.030; adding a new section to chapter 18.71 RCW; adding a new section to chapter 18.57 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The purpose of this act is to confine the performance of nerve conduction tests to persons licensed under chapters 18.71 and 18.57 RCW or delegated by persons licensed under chapters 18.71 and 18.57 RCW. Interpretation of nerve conduction tests and performance and interpretation of needle electromyography is confined to persons licensed under chapters 18.71 and 18.57 RCW and no others.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.71 RCW to read as follows:
     (1) Only persons licensed under this chapter and chapter 18.57 RCW shall be permitted to interpret nerve conduction tests or perform or interpret needle electromyography.
     (2) A physician may delegate the performance of nerve conduction tests to a licensed or unlicensed individual who is otherwise qualified by education, training, or experience if those tests and procedures are conducted under the direct supervision of a physician licensed under this chapter or chapter 18.57 RCW.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.57 RCW to read as follows:
     (1) Only persons licensed under this chapter and chapter 18.71 RCW shall be permitted to interpret nerve conduction tests or perform or interpret needle electromyography.
     (2) A physician may delegate the performance of nerve conduction tests to a licensed or unlicensed individual who is otherwise qualified by education, training, or experience if those tests and procedures are conducted under the direct supervision of a physician licensed under this chapter or chapter 18.71 RCW.

Sec. 4   RCW 18.71.030 and 1996 c 178 s 4 are each amended to read as follows:
     Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:
     (1) The furnishing of medical assistance in cases of emergency requiring immediate attention;
     (2) The domestic administration of family remedies;
     (3) The administration of oral medication of any nature to students by public school district employees or private elementary or secondary school employees as provided for in chapter 28A.210 RCW;
     (4) Except as limited by section 2 of this act, the practice of dentistry, osteopathic medicine and surgery, nursing, chiropractic, podiatric medicine and surgery, optometry, naturopathy, or any other healing art licensed under the methods or means permitted by such license;
     (5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States;
     (6) The practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state;
     (7) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the commission, however, the performance of such services be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person licensed pursuant to this chapter;
     (8) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state, however, the performance of such services shall be only pursuant to his or her duties as a trainee;
     (9) The practice of medicine by a person who is regularly enrolled in a physician assistant program approved by the commission, however, the performance of such services shall be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter;
     (10) The practice of medicine by a licensed physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter;
     (11) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof;
     (12) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the commission, however, a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient's attending surgeon, obstetrician, or psychiatrist, and the commission has jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to this chapter and chapter 18.130 RCW;
     (13) Emergency lifesaving service rendered by a physician's trained emergency medical service intermediate life support technician and paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician;
     (14) The provision of clean, intermittent bladder catheterization for students by public school district employees or private school employees as provided for in RCW 18.79.290 and 28A.210.280.