HB 2351 -
By Representative Tarleton
ADOPTED 02/13/2014
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.70 RCW
to read as follows:
(1) Persons licensed as health care professionals in another state
or territory of the United States or the District of Columbia, but not
licensed by a disciplining authority specified in RCW 18.130.040, may
practice in this state on a limited voluntary basis only as provided in
this section.
(2) The volunteer health care professional's license must be for a
profession substantially equivalent to a profession regulated by a
disciplining authority listed in RCW 18.130.040.
(3) At least ten working days prior to the first day of volunteer
practice, the volunteer health care professional must submit to the
department an attestation that includes, but is not limited to, the
following:
(a) A confirmation that the health care professional holds an
active license to practice in any state or territory of the United
States or the District of Columbia;
(b) A confirmation that the health care professional is not
presently subject to any disciplinary action or investigation for
criminal or professional misconduct in any jurisdiction;
(c) An acknowledgment that the health care professional understands
he or she may perform only within the relevant professional scope of
practice permitted under Washington law, or state of licensure,
whichever is more restrictive;
(d) A confirmation that the health care professional has not
volunteered in Washington for more than thirty days in the current
calendar year;
(e) The contact information of the organization sponsoring the
medical clinic or health care event, if any; and
(f) Anticipated volunteer practice dates.
(4) The attestation must be made on a form established by the
secretary.
(5) Neither the volunteer health care professional nor the
organization sponsoring a medical clinic or health care event, if any,
may charge for any time or services performed in Washington. However,
organizations sponsoring a medical clinic or health care event may pay
or reimburse the volunteer health care professional for actual incurred
travel costs.
(6) No health care professional permitted to practice in Washington
under this section may volunteer more than thirty days in any calendar
year.
(7) Any organization sponsoring a medical clinic or health care
event using the services of any volunteer health care professional
permitted to practice under this section must:
(a) Independently verify each requirement in subsection (3) of this
section for each volunteer health care professional and retain proof of
verification for two years after the last day of the medical clinic or
health care event;
(b) Maintain the health care records of all patients evaluated or
treated by a volunteer health care professional in compliance with
chapter 70.02 RCW; and
(c) Ensure the health care records of all patients evaluated or
treated by a volunteer health care professional are accessible to
future health care professionals, if needed, in compliance with chapter
70.02 RCW.
(8) This section does not create any civil liability on the part of
the state or any state agency, officer, employee, or agent.
(9) This section does not apply to the practice of health care
professionals under chapter 38.10 or 38.52 RCW or under an agreement
authorized by the United States congress for emergency management
assistance."
Correct the title.
EFFECT: (1) Changes the 30-day notice requirement for volunteers'
attestations to 10 working days.
(2) Removes the provision for an attestation to be submitted after
the enumerated deadline during a state of emergency.
(3) Removes the provision allowing volunteers to have their travel
costs reimbursed during a state of emergency.
(4) Removes the provision allowing volunteer health care
professionals to practice more than thirty days in a calendar year in
response to a declared state of emergency.
(5) Changes the content of the acknowledgment that the professional
must submit; instead of acknowledging that he or she may not perform
outside of the scope permitted under Washington law, the professional
must acknowledge that he or she may perform only within the scope
allowed in Washington or his or her state of licensure, whichever is
more restrictive.
(6) Ensures that all health care records are managed in accordance
with chapter 70.02 RCW.
(7) Clarifies that the new section does not apply to emergency
workers.