BILL REQ. #: H-0585.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/29/13. Referred to Committee on Health Care & Wellness.
AN ACT Relating to advanced function dental auxiliaries; amending RCW 18.32.030, 18.32.0351, and 18.260.070; reenacting and amending RCW 18.120.020, 18.120.020, 18.130.040, and 18.130.040; adding a new chapter to Title 18 RCW; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Advanced function dental auxiliary" means a person licensed by
the commission under this chapter who performs the limited services
provided in section 5 of this act.
(2) "Close supervision" means that a supervising dentist whose
patient is being treated has personally diagnosed the condition to be
treated and has personally authorized the procedures to be performed.
The supervising dentist is continuously on-site and physically present
in the treatment facility while the procedures are performed by the
assistive personnel and capable of responding immediately in the event
of an emergency. The term does not require a supervising dentist to be
physically present in the operatory.
(3) "Commission" means the Washington state dental quality
assurance commission created in chapter 18.32 RCW.
(4) "Dentist" means a person licensed to practice dentistry under
chapter 18.32 RCW.
(5) "Department" means the department of health.
(6) "Expanded function dental auxiliary" means a person who is
licensed to practice as an expanded function dental auxiliary under
chapter 18.260 RCW.
(7) "General supervision" means that a supervising dentist has
examined and diagnosed the patient and provided subsequent instructions
to be performed by the assistive personnel, but does not require that
the dentist be physically present in the treatment facility.
(8) "Secretary" means the secretary of the department of health.
(9) "Supervising dentist" means a dentist licensed under chapter
18.32 RCW that is responsible for providing the appropriate level of
supervision for advanced function dental auxiliaries.
NEW SECTION. Sec. 2 No person may practice as an advanced
function dental auxiliary, or represent himself or herself as an
advanced function dental auxiliary, by use of any title or description
or other means, unless he or she is licensed by the commission under
this chapter.
NEW SECTION. Sec. 3 The commission shall issue a license to
practice as an advanced function dental auxiliary to any applicant who:
(1) Pays all applicable fees established by the secretary in
accordance with RCW 43.70.110 and 43.70.250;
(2) Submits, on forms provided by the secretary, the applicant's
name, address, and other applicable information as determined by the
secretary; and
(3) Demonstrates that the following requirements have been met:
(a) Successful completion of one of the following:
(i) An expanded function dental auxiliary education program
approved by the commission; or
(ii) A dental hygiene education program approved by the secretary;
(b) Successful completion of minimum work experience in a dental
operatory, prior to commencement of the advanced function dental
auxiliary program, as established by rule by the commission;
(c) Successful completion of an advanced function dental auxiliary
program approved by the commission. The commission must establish
criteria of the program, including a requirement that the program be at
least two years;
(d) Successful completion of a preceptorship of at least four
hundred hours and under the close supervision and control of a dentist
approved by the commission;
(e) Successful completion of both a written examination and a
clinical examination approved by the commission in accordance with
section 4 of this act;
(f) Each applicant shall furnish proof satisfactory to the
commission of the following:
(i) That the applicant is of good moral character; and
(ii) That the applicant is physically and mentally capable of
practicing as an advanced function dental auxiliary with reasonable
skill and safety; and
(g) Other requirements determined by the commission including, if
necessary, an examination to determine an applicant's physical or
mental capability, or both, to safely practice as an advanced function
dental auxiliary.
NEW SECTION. Sec. 4 (1) The commission may approve a written
examination prepared or administered by a private testing agency or
association of licensing agencies for use by an applicant in meeting
the licensing requirements under section 3 of this act. The
requirement that the examination be written does not exclude the use of
computerized test administration.
(2) The commission may approve a clinical examination prepared or
administered by a private testing agency or association of licensing
agencies for use by an applicant in meeting the licensing requirements
under section 3 of this act.
NEW SECTION. Sec. 5 (1) The commission shall adopt rules
relating to the scope of advanced function dental auxiliary services
related to patient care and laboratory duties that may be performed by
advanced function dental auxiliaries. All dental services provided by
an advanced function dental auxiliary must be as directed by his or her
supervising dentist. The supervising dentist shall examine the patient
and make the diagnosis of the patient's dental condition and determine
the treatment to be provided.
(2) Advanced function dental auxiliaries may not diagnose the
dental condition of a patient, nor independently determine the
treatment to be provided. All services of the advanced function dental
auxiliary are subject to the direction and control of the supervising
dentist, to applicable protocols established by the dentist, and must
comply with commission rules.
(a) An advanced function dental auxiliary may perform the following
services under the general supervision of a dentist:
(i) Oral health instruction and disease prevention education,
including nutritional counseling and dietary analysis;
(ii) Preliminary charting of the oral cavity;
(iii) Making radiographs;
(iv) Mechanical polishing of restorations;
(v) Application of topical preventative or prophylactic agents,
including fluoride varnishes and pit and fissure sealants;
(vi) Pulp vitality testing;
(vii) Application of temporary restorations;
(viii) Dressing changes;
(ix) Placement of temporary crowns;
(x) Temporary recementing of crowns;
(xi) Suture removal;
(xii) Oral prophylaxis and removal of deposits and stains from the
surfaces of the teeth;
(xiii) Scaling; and
(xiv) Gross debridement.
(b) An advanced function dental auxiliary may perform the following
services under the close supervision of a dentist:
(i) Tissue conditioning;
(ii) Administration of local anesthetic;
(iii) Administration of nitrous oxide;
(iv) The placement and removal of space maintainers;
(v) Cavity preparation;
(vi) Direct restoration of primary and permanent teeth;
(vii) Preparation and placement of preformed crowns;
(viii) Pulpotomies of primary teeth;
(ix) Indirect and direct pulp capping on permanent teeth;
(x) Indirect pulp capping on primary teeth and direct pulp capping
on primary teeth in cases of traumatic pulpal exposure or mechanical
pulpal exposure;
(xi) Extractions of primary teeth with class III mobility;
(xii) Brush biopsies;
(xiii) Permanent recementing of permanent crowns;
(xiv) Nonsurgical extractions of periodontally diseased permanent
teeth with class III mobility if the teeth are erupted, are not
impacted, are not fractured, and do not need to be sectioned for
removal;
(xv) Taking final impressions; and
(xvi) Authority to dispense and orally administer medications as
provided in section 6 of this act.
NEW SECTION. Sec. 6 (1) Advanced function dental auxiliaries may
dispense and orally administer the following drugs within the
parameters of the practice protocols established by a supervising
dentist and an advanced function dental auxiliary: Nonnarcotic
analgesics, anti-inflammatories, preventive agents, and antibiotics.
(2) The authority to dispense and administer extends only to the
categories of drugs identified in this section and may be further
limited by practice protocols established by a supervising dentist.
(3) The authority to dispense includes the authority to dispense
sample drugs within the categories identified in this section if
dispensing is permitted by the practice protocols established by a
supervising dentist.
(4) Advanced function dental auxiliaries may not dispense and
administer narcotic drugs as defined in chapter 69.50 RCW.
NEW SECTION. Sec. 7 (1) An advanced function dental auxiliary
may only work within the parameters of a written practice agreement
entered into between the dentist and the advanced function dental
auxiliary. If the supervisory relationship terminates, the advanced
function dental auxiliary must discontinue practice until a practice
agreement is established with another supervising dentist.
(2) The practice agreement must include the delegated functions the
advanced function dental auxiliary is permitted to perform and practice
protocols established by a supervising dentist. The practice protocols
must, at a minimum, contain the following:
(a) Protocols determining how the dentist delegates treatment after
diagnosis;
(b) Any limitations on the services or procedures the advanced
function dental auxiliary may provide;
(c) A plan to manage medical emergencies and specific written
protocols governing situations within the advanced function dental
auxiliary's scope of practice; and
(d) Protocols for allowing dental assistants and expanded function
dental auxiliaries to assist advanced function dental auxiliaries.
(3) Practice agreements must be submitted to the commission when
created and when modified. Practice agreements must be made available
to the public upon request.
NEW SECTION. Sec. 8 (1) Advanced function dental auxiliaries may
only practice in federally qualified health centers. All practice
locations must be approved by the commission.
(2) A dentist may supervise no more than two advanced function
dental auxiliaries.
(3) By November 15, 2022, the commission must submit a
recommendation to the legislature on maintaining, modifying, or
removing the practice restrictions of this section.
NEW SECTION. Sec. 9 (1) An advanced function dental auxiliary,
at all times when meeting or treating patients, must wear a badge
identifying him or her as an advanced function dental auxiliary. No
advanced function dental auxiliary may be presented in any manner which
would tend to mislead the patients or the public as to his or her
title.
(2) Patient consents related to services provided by an advanced
function dental auxiliary must include specific disclosure of the
services that will be provided by an advanced function dental auxiliary
and not by a dentist. For the purposes of this subsection, "patients"
includes parents of minors and guardians.
NEW SECTION. Sec. 10 The commission may adopt rules to implement
this chapter including rules relating to:
(1) License renewals and the circumstances under which a license
may be suspended, denied, or withdrawn, such as a finding of
unprofessional conduct under chapter 18.130 RCW; and
(2) Continuing education requirements.
NEW SECTION. Sec. 11 Nothing in this chapter prohibits or
restricts:
(1) The practice of dental therapy in the discharge of official
duties by government employees on behalf of the United States
government, including the armed forces, coast guard, public health
service, veteran's bureau, or bureau of Indian affairs;
(2) Advanced function dental auxiliary education programs and
preceptorships approved by the commission and the practice as an
advanced function dental auxiliary by students in advanced function
dental auxiliary education programs and preceptorships approved by the
commission, when acting under the direction and supervision of a
dentist.
NEW SECTION. Sec. 12 Chapter 18.130 RCW governs the unlicensed
practice, the issuance and denial of licenses, and the discipline of
those credentialed under this chapter. The commission is the
disciplinary authority under this chapter.
Sec. 13 RCW 18.32.030 and 2012 c 23 s 7 are each amended to read
as follows:
The following practices, acts, and operations are excepted from the
operation of the provisions of this chapter:
(1) The rendering of dental relief in emergency cases in the
practice of his or her profession by a physician or surgeon, licensed
as such and registered under the laws of this state, unless the
physician or surgeon undertakes to or does reproduce lost parts of the
human teeth in the mouth or to restore or to replace in the human mouth
lost or missing teeth;
(2) The practice of dentistry in the discharge of official duties
by dentists in the United States federal services on federal
reservations, including but not limited to the armed services, coast
guard, public health service, veterans' bureau, or bureau of Indian
affairs;
(3) Dental schools or colleges approved under RCW 18.32.040, and
the practice of dentistry by students in accredited dental schools or
colleges approved by the commission, when acting under the direction
and supervision of Washington state-licensed dental school faculty;
(4) The practice of dentistry by licensed dentists of other states
or countries while appearing as clinicians at meetings of the
Washington state dental association, or component parts thereof, or at
meetings sanctioned by them, or other groups approved by the
commission;
(5) The use of roentgen and other rays for making radiographs or
similar records of dental or oral tissues, under the supervision of a
licensed dentist or physician;
(6) The making, repairing, altering, or supplying of artificial
restorations, substitutions, appliances, or materials for the
correction of disease, loss, deformity, malposition, dislocation,
fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or
associated tissues or parts; providing the same are made, repaired,
altered, or supplied pursuant to the written instructions and order of
a licensed dentist which may be accompanied by casts, models, or
impressions furnished by the dentist, and the prescriptions shall be
retained and filed for a period of not less than three years and shall
be available to and subject to the examination of the secretary or the
secretary's authorized representatives;
(7) The removal of deposits and stains from the surfaces of the
teeth, the application of topical preventative or prophylactic agents,
and the polishing and smoothing of restorations, when performed or
prescribed by a dental hygienist licensed under the laws of this state;
(8) A qualified and licensed physician and surgeon or osteopathic
physician and surgeon extracting teeth or performing oral surgery
pursuant to the scope of practice under chapter 18.71 or 18.57 RCW;
(9) The performing of dental operations or services by registered
dental assistants and licensed expanded function dental auxiliaries
holding a credential issued under chapter 18.260 RCW and advanced
function dental auxiliaries licensed under chapter 18.--- RCW (the new
chapter created in section 20 of this act) when performed under the
supervision of a licensed dentist, or by other persons not licensed
under this chapter if the person is licensed pursuant to chapter 18.29,
18.57, 18.71, or 18.79 RCW as it applies to registered nurses and
advanced registered nurse practitioners, each while acting within the
scope of the person's permitted practice under the person's license:
PROVIDED HOWEVER, That such persons shall in no event perform the
following dental operations or services unless permitted to be
performed by the person under this chapter or chapters 18.29, 18.57,
18.71, 18.79 as it applies to registered nurses and advanced registered
nurse practitioners, ((and)) 18.260 ((RCW)), and 18.--- RCW (the new
chapter created in section 20 of this act):
(a) Any removal of or addition to the hard or soft tissue of the
oral cavity;
(b) Any diagnosis of or prescription for treatment of disease,
pain, deformity, deficiency, injury, or physical condition of the human
teeth or jaws, or adjacent structure;
(c) Any administration of general or injected local anaesthetic of
any nature in connection with a dental operation, including intravenous
sedation;
(d) Any oral prophylaxis;
(e) The taking of any impressions of the teeth or jaw or the
relationships of the teeth or jaws, for the purpose of fabricating any
intra-oral restoration, appliance, or prosthesis; and
(10) The performing of dental services described in RCW 18.350.040
by dental anesthesia assistants certified under chapter 18.350 RCW when
working under the supervision and direction of an oral and
maxillofacial surgeon or dental anesthesiologist.
Sec. 14 RCW 18.32.0351 and 2007 c 269 s 16 are each amended to
read as follows:
The Washington state dental quality assurance commission is
established, consisting of ((sixteen)) seventeen members each appointed
by the governor to a four-year term. No member may serve more than two
consecutive full terms. ((In appointing the initial members of the
commission, it is the intent of the legislature that, to the extent
possible, members of the previous boards and committees regulating
these professions be appointed to the commission.)) Members of the
commission hold office until their successors are appointed. ((The
governor may appoint members of the initial commission to staggered
terms of from one to four years. Thereafter, all)) Members shall be
appointed to ((full)) staggered four-year terms. Twelve members of the
commission must be dentists, ((two members must be expanded function
dental auxiliaries licensed under chapter 18.260 RCW, and)) two members
must be public members, and three members must be dental auxiliaries
licensed under either chapter 18.260 or 18.--- RCW (the new chapter
created in section 20 of this act). Of the three dental auxiliary
members, one member must be an expanded function dental auxiliary, one
member must be an advanced function dental auxiliary, and the third
member must be either an expanded function dental auxiliary or an
advanced function dental auxiliary.
Sec. 15 RCW 18.120.020 and 2012 c 153 s 14, 2012 c 137 s 18, and
2012 c 23 s 8 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Applicant group" includes any health professional group or
organization, any individual, or any other interested party which
proposes that any health professional group not presently regulated be
regulated or which proposes to substantially increase the scope of
practice of the profession.
(2) "Certificate" and "certification" mean a voluntary process by
which a statutory regulatory entity grants recognition to an individual
who (a) has met certain prerequisite qualifications specified by that
regulatory entity, and (b) may assume or use "certified" in the title
or designation to perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute
applicable to practitioners actively engaged in the regulated health
profession prior to the effective date of the regulatory statute which
exempts the practitioners from meeting the prerequisite qualifications
set forth in the regulatory statute to perform prescribed occupational
tasks.
(4) "Health professions" means and includes the following health
and health-related licensed or regulated professions and occupations:
Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic
under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW;
dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW;
dental anesthesia assistants under chapter 18.350 RCW; dispensing
opticians under chapter 18.34 RCW; hearing instruments under chapter
18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral
directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW;
nursing home administration under chapter 18.52 RCW; optometry under
chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW;
osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW;
pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters
18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW;
physical therapy under chapter 18.74 RCW; practical nurses under
chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered
nurses under chapter 18.79 RCW; occupational therapists licensed under
chapter 18.59 RCW; respiratory care practitioners licensed under
chapter 18.89 RCW; veterinarians and veterinary technicians under
chapter 18.92 RCW; health care assistants under chapter 18.135 RCW;
massage practitioners under chapter 18.108 RCW; East Asian medicine
practitioners licensed under chapter 18.06 RCW; persons registered
under chapter 18.19 RCW; persons licensed as mental health counselors,
marriage and family therapists, and social workers under chapter 18.225
RCW; dietitians and nutritionists certified by chapter 18.138 RCW;
radiologic technicians under chapter 18.84 RCW; nursing assistants
registered or certified under chapter 18.88A RCW; ((and))
reflexologists certified under chapter 18.108 RCW; ((and)) medical
assistants-certified, medical assistants-hemodialysis technician,
medical assistants-phlebotomist, and medical assistants-registered
certified and registered under chapter 18.360 RCW; and advanced
function dental auxiliaries licensed under chapter 18.--- RCW (the new
chapter created in section 20 of this act).
(5) "Inspection" means the periodic examination of practitioners by
a state agency in order to ascertain whether the practitioners'
occupation is being carried out in a fashion consistent with the public
health, safety, and welfare.
(6) "Legislative committees of reference" means the standing
legislative committees designated by the respective rules committees of
the senate and house of representatives to consider proposed
legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to
engage in a health profession which would otherwise be unlawful in the
state in the absence of the permission. A license is granted to those
individuals who meet prerequisite qualifications to perform prescribed
health professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable
authorization to carry on a health activity based on qualifications
which include: (a) Graduation from an accredited or approved program,
and (b) acceptable performance on a qualifying examination or series of
examinations.
(9) "Practitioner" means an individual who (a) has achieved
knowledge and skill by practice, and (b) is actively engaged in a
specified health profession.
(10) "Public member" means an individual who is not, and never was,
a member of the health profession being regulated or the spouse of a
member, or an individual who does not have and never has had a material
financial interest in either the rendering of the health professional
service being regulated or an activity directly related to the
profession being regulated.
(11) "Registration" means the formal notification which, prior to
rendering services, a practitioner shall submit to a state agency
setting forth the name and address of the practitioner; the location,
nature and operation of the health activity to be practiced; and, if
required by the regulatory entity, a description of the service to be
provided.
(12) "Regulatory entity" means any board, commission, agency,
division, or other unit or subunit of state government which regulates
one or more professions, occupations, industries, businesses, or other
endeavors in this state.
(13) "State agency" includes every state office, department, board,
commission, regulatory entity, and agency of the state, and, where
provided by law, programs and activities involving less than the full
responsibility of a state agency.
Sec. 16 RCW 18.120.020 and 2012 c 153 s 15, 2012 c 137 s 18, and
2012 c 23 s 8 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Applicant group" includes any health professional group or
organization, any individual, or any other interested party which
proposes that any health professional group not presently regulated be
regulated or which proposes to substantially increase the scope of
practice of the profession.
(2) "Certificate" and "certification" mean a voluntary process by
which a statutory regulatory entity grants recognition to an individual
who (a) has met certain prerequisite qualifications specified by that
regulatory entity, and (b) may assume or use "certified" in the title
or designation to perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute
applicable to practitioners actively engaged in the regulated health
profession prior to the effective date of the regulatory statute which
exempts the practitioners from meeting the prerequisite qualifications
set forth in the regulatory statute to perform prescribed occupational
tasks.
(4) "Health professions" means and includes the following health
and health-related licensed or regulated professions and occupations:
Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic
under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW;
dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW;
dental anesthesia assistants under chapter 18.350 RCW; dispensing
opticians under chapter 18.34 RCW; hearing instruments under chapter
18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral
directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW;
nursing home administration under chapter 18.52 RCW; optometry under
chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW;
osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW;
pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters
18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW;
physical therapy under chapter 18.74 RCW; practical nurses under
chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered
nurses under chapter 18.79 RCW; occupational therapists licensed under
chapter 18.59 RCW; respiratory care practitioners licensed under
chapter 18.89 RCW; veterinarians and veterinary technicians under
chapter 18.92 RCW; massage practitioners under chapter 18.108 RCW; East
Asian medicine practitioners licensed under chapter 18.06 RCW; persons
registered under chapter 18.19 RCW; persons licensed as mental health
counselors, marriage and family therapists, and social workers under
chapter 18.225 RCW; dietitians and nutritionists certified by chapter
18.138 RCW; radiologic technicians under chapter 18.84 RCW; nursing
assistants registered or certified under chapter 18.88A RCW; ((and))
reflexologists certified under chapter 18.108 RCW; ((and)) medical
assistants-certified, medical assistants-hemodialysis technician,
medical assistants-phlebotomist, and medical assistants-registered
certified and registered under chapter 18.360 RCW; and advanced
function dental auxiliaries licenced under chapter 18.--- RCW (the new
chapter created in section 20 of this act).
(5) "Inspection" means the periodic examination of practitioners by
a state agency in order to ascertain whether the practitioners'
occupation is being carried out in a fashion consistent with the public
health, safety, and welfare.
(6) "Legislative committees of reference" means the standing
legislative committees designated by the respective rules committees of
the senate and house of representatives to consider proposed
legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to
engage in a health profession which would otherwise be unlawful in the
state in the absence of the permission. A license is granted to those
individuals who meet prerequisite qualifications to perform prescribed
health professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable
authorization to carry on a health activity based on qualifications
which include: (a) Graduation from an accredited or approved program,
and (b) acceptable performance on a qualifying examination or series of
examinations.
(9) "Practitioner" means an individual who (a) has achieved
knowledge and skill by practice, and (b) is actively engaged in a
specified health profession.
(10) "Public member" means an individual who is not, and never was,
a member of the health profession being regulated or the spouse of a
member, or an individual who does not have and never has had a material
financial interest in either the rendering of the health professional
service being regulated or an activity directly related to the
profession being regulated.
(11) "Registration" means the formal notification which, prior to
rendering services, a practitioner shall submit to a state agency
setting forth the name and address of the practitioner; the location,
nature and operation of the health activity to be practiced; and, if
required by the regulatory entity, a description of the service to be
provided.
(12) "Regulatory entity" means any board, commission, agency,
division, or other unit or subunit of state government which regulates
one or more professions, occupations, industries, businesses, or other
endeavors in this state.
(13) "State agency" includes every state office, department, board,
commission, regulatory entity, and agency of the state, and, where
provided by law, programs and activities involving less than the full
responsibility of a state agency.
Sec. 17 RCW 18.130.040 and 2012 c 208 s 10, 2012 c 153 s 16, 2012
c 137 s 19, and 2012 c 23 s 6 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) Midwives licensed under chapter 18.50 RCW;
(iii) Ocularists licensed under chapter 18.55 RCW;
(iv) Massage practitioners and businesses licensed under chapter
18.108 RCW;
(v) Dental hygienists licensed under chapter 18.29 RCW;
(vi) East Asian medicine practitioners licensed under chapter 18.06
RCW;
(vii) Radiologic technologists certified and X-ray technicians
registered under chapter 18.84 RCW;
(viii) Respiratory care practitioners licensed under chapter 18.89
RCW;
(ix) Hypnotherapists and agency affiliated counselors registered
and advisors and counselors certified under chapter 18.19 RCW;
(x) Persons licensed as mental health counselors, mental health
counselor associates, marriage and family therapists, marriage and
family therapist associates, social workers, social work associates--advanced, and social work associates -- independent clinical under
chapter 18.225 RCW;
(xi) Persons registered as nursing pool operators under chapter
18.52C RCW;
(xii) Nursing assistants registered or certified or medication
assistants endorsed under chapter 18.88A RCW;
(xiii) Health care assistants certified under chapter 18.135 RCW;
(xiv) Dietitians and nutritionists certified under chapter 18.138
RCW;
(xv) Chemical dependency professionals and chemical dependency
professional trainees certified under chapter 18.205 RCW;
(xvi) Sex offender treatment providers and certified affiliate sex
offender treatment providers certified under chapter 18.155 RCW;
(xvii) Persons licensed and certified under chapter 18.73 RCW or
RCW 18.71.205;
(xviii) Denturists licensed under chapter 18.30 RCW;
(xix) Orthotists and prosthetists licensed under chapter 18.200
RCW;
(xx) Surgical technologists registered under chapter 18.215 RCW;
(xxi) Recreational therapists under chapter 18.230 RCW;
(xxii) Animal massage practitioners certified under chapter 18.240
RCW;
(xxiii) Athletic trainers licensed under chapter 18.250 RCW;
(xxiv) Home care aides certified under chapter 18.88B RCW;
(xxv) Genetic counselors licensed under chapter 18.290 RCW; ((and))
(xxvi) Reflexologists certified under chapter 18.108 RCW; and
(xxvii) Medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, and medical
assistants-registered certified and registered under chapter 18.360
RCW.
(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 governing licenses issued under chapter 18.32 RCW,
licenses and registrations issued under chapter 18.260 RCW, licenses
issued under chapter 18.--- RCW (the new chapter created in section 20
of this act), and certifications issued under chapter 18.350 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 and registrations issued under
that chapter;
(xiii) The examining board of psychology and its disciplinary
committee as established in chapter 18.83 RCW;
(xiv) The veterinary board of governors as established in chapter
18.92 RCW; and
(xv) The board of naturopathy established in chapter 18.36A RCW.
(3) In addition to the authority to discipline license holders, the
disciplining authority has the authority to grant or deny licenses.
The disciplining authority may also grant a license subject to
conditions.
(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. 18 RCW 18.130.040 and 2012 c 208 s 10, 2012 c 153 s 17, 2012
c 137 s 19, and 2012 c 23 s 6 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) Midwives licensed under chapter 18.50 RCW;
(iii) Ocularists licensed under chapter 18.55 RCW;
(iv) Massage practitioners and businesses licensed under chapter
18.108 RCW;
(v) Dental hygienists licensed under chapter 18.29 RCW;
(vi) East Asian medicine practitioners licensed under chapter 18.06
RCW;
(vii) Radiologic technologists certified and X-ray technicians
registered under chapter 18.84 RCW;
(viii) Respiratory care practitioners licensed under chapter 18.89
RCW;
(ix) Hypnotherapists and agency affiliated counselors registered
and advisors and counselors certified under chapter 18.19 RCW;
(x) Persons licensed as mental health counselors, mental health
counselor associates, marriage and family therapists, marriage and
family therapist associates, social workers, social work associates--advanced, and social work associates -- independent clinical under
chapter 18.225 RCW;
(xi) Persons registered as nursing pool operators under chapter
18.52C RCW;
(xii) Nursing assistants registered or certified or medication
assistants endorsed under chapter 18.88A RCW;
(xiii) Dietitians and nutritionists certified under chapter 18.138
RCW;
(xiv) Chemical dependency professionals and chemical dependency
professional trainees certified under chapter 18.205 RCW;
(xv) Sex offender treatment providers and certified affiliate sex
offender treatment providers certified under chapter 18.155 RCW;
(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW
18.71.205;
(xvii) Denturists licensed under chapter 18.30 RCW;
(xviii) Orthotists and prosthetists licensed under chapter 18.200
RCW;
(xix) Surgical technologists registered under chapter 18.215 RCW;
(xx) Recreational therapists under chapter 18.230 RCW;
(xxi) Animal massage practitioners certified under chapter 18.240
RCW;
(xxii) Athletic trainers licensed under chapter 18.250 RCW;
(xxiii) Home care aides certified under chapter 18.88B RCW;
(xxiv) Genetic counselors licensed under chapter 18.290 RCW;
((and))
(xxv) Reflexolgists certified under chapter 18.108 RCW; and
(xxvi) Medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, and medical
assistants-registered certified and registered under chapter 18.360
RCW.
(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 governing licenses issued under chapter 18.32 RCW,
licenses and registrations issued under chapter 18.260 RCW, licenses
issued under chapter 18.--- RCW (the new chapter created in section 20
of this act), and certifications issued under chapter 18.350 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 and registrations issued under
that chapter;
(xiii) The examining board of psychology and its disciplinary
committee as established in chapter 18.83 RCW;
(xiv) The veterinary board of governors as established in chapter
18.92 RCW; and
(xv) The board of naturopathy established in chapter 18.36A RCW.
(3) In addition to the authority to discipline license holders, the
disciplining authority has the authority to grant or deny licenses.
The disciplining authority may also grant a license subject to
conditions.
(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. 19 RCW 18.260.070 and 2007 c 269 s 6 are each amended to
read as follows:
(1) The commission shall adopt rules relating to the scope of
expanded function dental auxiliary services related to patient care and
laboratory duties that may be performed by expanded function dental
auxiliaries.
(2) The scope of expanded function dental auxiliary services that
the commission identifies in subsection (1) of this section includes:
(a) In addition to the dental assisting services that a dental
assistant may perform under the close supervision of a supervising
dentist, the performance of the following services under the general
supervision of a supervising dentist as the dentist may allow:
(i) Performing coronal polishing;
(ii) Giving fluoride treatments;
(iii) Applying sealants;
(iv) Placing dental x-ray film and exposing and developing the
films;
(v) Giving patient oral health instruction; ((and))
(vi) Dressing changes;
(vii) Suture removal;
(viii) Placement of temporary restorations; and
(ix) Placement of temporary crowns;
(b) Notwithstanding any prohibitions in RCW 18.260.040, the
performance of the following services under the close supervision of a
supervising dentist as the dentist may allow:
(i) Placing and carving direct restorations; ((and))
(ii) Taking final impressions;
(iii) Administration of local anesthesia;
(iv) Supragingival scaling;
(v) Oral prophylaxis and removal of deposits and stains from the
surfaces of the teeth; and
(vi) Gross debridement.
(3) A dentist may not assign an expanded function dental auxiliary
to perform services until the expanded function dental auxiliary has
demonstrated skills necessary to perform competently all assigned
duties and responsibilities.
NEW SECTION. Sec. 20 Sections 1 through 12 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 21 (1) Section 14 of this act takes effect
July 1, 2018.
(2) Sections 16 and 18 of this act take effect July 1, 2016.
NEW SECTION. Sec. 22 Sections 15 and 17 of this act expire July
1, 2016.