CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5913

Chapter 558, Laws of 2009

(partial veto)

61st Legislature
2009 Regular Session



UNIVERSITY OF WASHINGTON--HEALTH SCIENCES LIBRARY



EFFECTIVE DATE: 07/26/09

Passed by the Senate April 25, 2009
  YEAS 48   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 8, 2009
  YEAS 98   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5913 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved May 19, 2009, 10:57 a.m., with the exception of Section 1 which is vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington		 
FILED
May 20, 2009







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 5913
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senate Health & Long-Term Care (originally sponsored by Senators Pflug, Keiser, and Shin)

READ FIRST TIME 02/25/09.   



     AN ACT Relating to online access to the University of Washington health sciences library by certain health care providers; and amending RCW 43.70.110 and 43.70.112.

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

     *Sec. 1   RCW 43.70.110 and 2007 c 259 s 11 are each amended to read as follows:
     (1) The secretary shall charge fees to the licensee for obtaining a license. After June 30, 1995, municipal corporations providing emergency medical care and transportation services pursuant to chapter 18.73 RCW shall be exempt from such fees, provided that such other emergency services shall only be charged for their pro rata share of the cost of licensure and inspection, if appropriate. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state.
     (2) Except as provided in subsection (3) of this section, fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection.
     (3) License fees shall include amounts in addition to the cost of licensure activities in the following circumstances:
     (a) For registered nurses and licensed practical nurses licensed under chapter 18.79 RCW, support of a central nursing resource center as provided in RCW 18.79.202, until June 30, 2013;
     (b) For all health care providers licensed under RCW 18.130.040, the cost of regulatory activities for retired volunteer medical worker licensees as provided in RCW 18.130.360; and
     (c)(i) For physicians licensed under chapter 18.71 RCW, physician assistants licensed under chapter 18.71A RCW, osteopathic physicians licensed under chapter 18.57 RCW, osteopathic physicians' assistants licensed under chapter 18.57A RCW, naturopaths licensed under chapter 18.36A RCW, podiatrists licensed under chapter 18.22 RCW, chiropractors licensed under chapter 18.25 RCW, psychologists licensed under chapter 18.83 RCW, registered nurses licensed under chapter 18.79 RCW, optometrists licensed under chapter 18.53 RCW, mental health counselors licensed under chapter 18.225 RCW, massage therapists licensed under chapter 18.108 RCW, clinical social workers licensed under chapter 18.225 RCW, and acupuncturists licensed under chapter 18.06 RCW, the license fees shall include up to an additional twenty-five dollars to be transferred by the department to the University of Washington for the purposes of RCW 43.70.112. However, each person subject to this subsection (3)(c) is required to pay only one surcharge of up to twenty-five dollars annually for the purposes of RCW 43.70.112, regardless of how many professional licenses he or she holds. Each year, by December 1st, the department shall provide an annual accounting of the use of the surcharge paid under this subsection, including the amounts paid by each of the professions subject to the surcharge. The accounting must be transmitted by electronic mail to the members of the health care committees of the legislature.
     (ii) Annually, beginning within one year after the program begins, the department shall convene a user advisory group to review the online access program under RCW 43.70.112 and make recommendations for improving the program. The work group must include a licensed professional from each of the categories of professionals paying the surcharge under (c)(i) of this subsection, a department representative, and a representative from the University of Washington.
     (4) Department of health advisory committees may review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees.
     *Sec. 1 was vetoed. See message at end of chapter.

Sec. 2   RCW 43.70.112 and 2007 c 259 s 12 are each amended to read as follows:
     Within the amounts transferred from the department of health under RCW 43.70.110(3), the University of Washington shall, through the health sciences library, provide online access to selected vital clinical resources, medical journals, decision support tools, and evidence-based reviews of procedures, drugs, and devices to the health professionals listed in RCW 43.70.110(3)(c). Online access shall be available no later than January 1, 2009. Each year, by December 1st, the University of Washington shall provide an annual accounting of the use of the funds transferred, including which categories of health professionals are using the materials available under the program. The accounting must be transmitted by electronic mail to the members of the health care committees of the legislature.


         Passed by the Senate April 25, 2009.
         Passed by the House April 8, 2009.
         Approved by the Governor May 19, 2009, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 20, 2009.

     Note: Governor's explanation of partial veto is as follows:

"I have approved, except for Section 1, Substitute Senate Bill 5913 entitled:

     "AN ACT Relating to online access to the University of Washington health sciences library by certain health care providers; and amending RCW 43.70.110 and 43.70.112."

I fully support the intent of this legislation, including its clarification that the existing surcharge to health care professionals should be assessed only once per year, regardless of the number of licenses a professional holds. Unfortunately, Section 1 also requires the Department of Health (Department) to create an ongoing, annual advisory group. Establishing new advisory groups in statute is contrary to our recent efforts to reduce the number of boards, commissions and advisory groups across all of state government. There are other, more efficient ways to keep interested parties informed and engaged on emerging issues.

Given the importance of this to many, I ask that Department pursue all available options to address the surcharge issue administratively. I also recommend that Department convene stakeholders to solicit feedback about the program and provide recommendations.

For these reasons, I have vetoed Section 1 of Substitute Senate Bill 5913.

With the exception of Section 1, Substitute Senate Bill 5913 is approved."