BILL REQ. #: H-1506.2
State of Washington | 61st Legislature | 2009 Regular Session |
AN ACT Relating to indirect supervision of certain health care services provided through naturopathic doctors; amending RCW 18.36A.050; adding a new section to chapter 18.36A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 18.36A RCW
to read as follows:
(1) An unlicensed practitioner may practice colon hydrotherapy
under the following conditions:
(a) A naturopath must provide indirect supervision of the
unlicensed practitioner. For the purposes of this section, "indirect
supervision" means the naturopath is not on the premises, but has
confirmed that the unlicensed practitioner is competent to perform the
colon hydrotherapy procedure and is in compliance with the requirements
of this section.
(b) The unlicensed practitioner must have a written consultation
agreement with the supervising naturopath. The consultation agreement
must require, at a minimum:
(i) Monthly review of client cases and files between the unlicensed
practitioner and the naturopath;
(ii) Quarterly inspections by the naturopath of the facilities and
equipment used by the unlicensed practitioner;
(iii) A written emergency protocol in the event a client is injured
or experiences an adverse reaction to the procedure; and
(iv) A written protocol stating when a client must be referred to
a licensed health care practitioner for treatment.
(c) The colon hydrotherapy procedure must consist only of the
application of filtered and temperature-controlled water into the large
intestine for the purpose of removing waste. No drugs, herbs,
chemicals, or other substances may be added to the water.
(d) The unlicensed practitioner must use equipment approved by the
United States food and drug administration that is maintained in
original working order.
(e) The unlicensed practitioner must maintain, in a readily
retrievable manner, documentation of all training received related to
the performance of colon hydrotherapy.
(f) The unlicensed practitioner must use standard universal
precautions for preventing the spread of disease at all times before,
during, and after performing colon hydrotherapy.
(g) Each client must sign a client disclosure form approved by the
secretary. A copy of the client disclosure form must be provided to
the client. The original client disclosure form must be maintained in
a readily retrievable manner by the unlicensed practitioner.
(2) A violation of this section by an unlicensed practitioner is a
misdemeanor.
(3) Nothing in this section may be construed to require that a
health carrier defined in RCW 48.43.005 contract with a person
authorized to practice colon hydrotherapy under this section.
Sec. 2 RCW 18.36A.050 and 1991 c 3 s 90 are each amended to read
as follows:
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice of a profession by individuals who are licensed,
certified, or registered under other laws of this state who are
performing services within their authorized scope of practice;
(2) The practice of naturopathic medicine by an individual employed
by the government of the United States while the individual is engaged
in the performance of duties prescribed for him or her by the laws and
regulations of the United States;
(3) The practice of naturopathic medicine by students enrolled in
a school approved by the secretary. The performance of services shall
be pursuant to a course of instruction or assignments from an
instructor and under the supervision of the instructor. The instructor
shall be a naturopath licensed pursuant to this chapter; ((or))
(4) The practice of oriental medicine or oriental herbology, or the
rendering of other dietary or nutritional advice; or
(5) The practice of colon hydrotherapy under section 1 of this act.