BILL REQ. #:  H-0402.1 

Read first time 02/01/13.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to medical specialty technicians; adding a new chapter to Title 18 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that medical specialty technicians are health professionals specifically trained to assist physicians specialized in various areas of medicine in medical offices, clinics, group practices, and hospitals. These personnel are trained in various ways to perform patient care functions that are often unique to the specialty of the supervising physician and often do not fit within the scope of practice of other certified or registered medical assistive personnel. Medical specialty technicians play a vital role in the delivery of safe, efficient, and cost-effective health care in Washington. Health care in Washington will be improved by recognizing the valuable contribution of medical specialty technicians and providing statutory support for medical specialty technicians in Washington state.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Delegation" means direct authorization granted by a licensed health care provider to a medical specialty technician to perform functions that the medical specialty technician has been trained to perform and is competent to perform, and that fall within the scope of practice of the health care provider.
     (2) "Department" means the department of health.
     (3) "Health care provider" means:
     (a) A physician licensed under chapter 18.71 RCW; or
     (b) An osteopathic physician or surgeon licensed under chapter 18.57 RCW.
     (4) "Medical specialty technician" means an unlicensed person: Who has been trained to perform specific patient care functions in a course of training or by a health care provider in a medical specialty including, but not limited to, ophthalmology, urology, and anesthesiology; whose competence to perform those functions has been endorsed by a health care provider in an attestation to the secretary; and who is under the supervision of a health care provider.
     (5) "Secretary" means the secretary of the department of health.
     (6) "Supervision" means supervision of procedures permitted pursuant to this chapter by a health care provider who is physically present and immediately available in the facility.

NEW SECTION.  Sec. 3   No person may practice as a medical specialty technician unless he or she is registered under section 6 of this act.

NEW SECTION.  Sec. 4   (1) A medical specialty technician may only perform duties:
     (a) Under the supervision of a health care provider;
     (b) That are within the competence and training of the medical specialty technician; and
     (c) That are within the supervising health care provider's scope of practice.
     (2) Prior to delegation of any functions to a medical specialty technician, the health care provider must determine to the best of his or her ability each of the following:
     (a) That the task is within that health care provider's authority;
     (b) That the task is indicated for the patient;
     (c) The appropriate level of supervision;
     (d) That no law prohibits the delegation;
     (e) That the medical specialty technician to whom the task will be delegated is competent to perform that task; and
     (f) That the task itself is one that is appropriately delegated when considering the following factors:
     (i) The task can be performed without requiring the exercise of judgment based on medical knowledge;
     (ii) Results of the task are reasonably predictable;
     (iii) The task can be performed without a need for complex observations or critical decisions;
     (iv) The task can be performed without repeated medical assessments; and
     (v) The task, if performed improperly, would not present life-threatening consequences or the danger of immediate and serious harm to the patient.

NEW SECTION.  Sec. 5   The health care provider must endorse a medical specialty technician working under his or her supervision by filing an attestation which:
     (1) Lists the specific tasks that the medical specialty technician may perform under the supervision of the health care provider; and
     (2) Endorses that the medical specialty technician has sufficient competence and training to safely and effectively perform those specific tasks under the supervision of the health care provider.

NEW SECTION.  Sec. 6   (1) The secretary must issue a registration as a medical specialty technician to any person who has a current endorsement from a health care provider.
     (2) In order to be registered under this section, a person must:
     (a) Be endorsed by a health care provider under section 5 of this act; and
     (b) Have a current attestation of his or her endorsement to perform specific medical tasks signed by the supervising health care provider filed with the department.
     (3) A registration based on an endorsement by a health care provider is not transferrable to another health care provider, clinic, or group practice.

NEW SECTION.  Sec. 7   (1) The secretary may:
     (a) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;
     (b) Establish forms and procedures necessary to administer this chapter;
     (c) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280. All fees collected under this section must be credited to the health professions account as required under RCW 43.70.320;
     (d) Issue a registration to any applicant who has met the requirements for registration and deny a registration to applicants who do not meet the minimum qualifications for registration. However, denial of a registration based on unprofessional conduct or impaired practice is governed by chapter 18.130 RCW;
     (e) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;
     (f) Maintain the official department of health record of all applicants and registrants; and
     (g) Establish requirements and procedures for an inactive registration.
     (2) Chapter 18.130 RCW governs unregistered practice, the issuance and denial of a registration, and the discipline of persons registered under this chapter.

NEW SECTION.  Sec. 8   Nothing in this chapter affects health care assistants certified under chapter 18.135 RCW, except that persons currently certified as health care assistants are eligible to become medical specialty technicians if they meet the requirements set forth in this chapter.

NEW SECTION.  Sec. 9   This act takes effect January 1, 2015.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 18 RCW.