H-1693 _______________________________________________
HOUSE BILL NO. 1135
_______________________________________________
State of Washington 50th Legislature 1987 Regular Session
By Representatives Cole, Brooks, Scott, Sprenkle, Doty, Lewis, Braddock, Day, Cantwell, Moyer, Jesernig, P. King and Winsley
Read first time 2/27/87 and referred to Committee on Health Care.
AN ACT Relating to poison centers; amending RCW 18.73.210, 18.73.220, and 18.73.230; adding a new chapter to Title 18 RCW; and recodifying RCW 18.73.210, 18.73.220, and 18.73.230.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 178, Laws of 1980 and RCW 18.73.210 are each amended to read as follows:
The
legislature finds that accidental and purposeful ((ingestions of)) exposure
to drugs and poisonous substances continues to be a severe health problem
in the state of Washington. It further finds that a significant reduction in
the consequences of such accidental ((ingestions)) exposures have
occurred as a result of the ((development of regional)) services
provided by poison information centers.
The purpose
of ((RCW 18.73.210 through 18.73.230)) this chapter is to reduce
morbidity and mortality associated with overdose and poisoning incidents by
providing emergency telephone assistance and treatment referral to victims of
such incidents, by providing immediate treatment information to health care
professionals, and ((by establishing an effective)) public education and
prevention programs. Further, the purpose is to improve utilization of
drugs by providing information to health professionals relating to appropriate
therapeutic drug use.
The legislature recognizes that enhanced cooperation between the emergency medical system and poison control centers will aid in responding to emergencies resulting from exposure to drugs and poisonous substances.
Sec. 2. Section 2, chapter 178, Laws of 1980 and RCW 18.73.220 are each amended to read as follows:
((As
limited by the availability of funds appropriated by this act,)) The
department shall, in a manner consistent with this chapter, provide
support for the ((establishment of a)) state-wide program of
poison ((control)) and drug information services ((with regional
units to be)) conducted by poison information centers located in the
((city)) cities of Seattle and ((the city of)) Spokane and
satellite units ((that may be established)) located in the cities
of Tacoma and Yakima. The services of this program shall be:
(1) Emergency telephone management and treatment referral of victims of poisoning and overdose incidents;
(2) Information to health professionals involved in management of poisoning and overdose victims;
(3) Community education programs designed to inform the public of poison prevention methods; and
(4)
Information to health professionals ((relating to)) regarding
appropriate therapeutic use of medications, their compatibility and stability,
and adverse drug reactions and interactions.
Sec. 3. Section 3, chapter 178, Laws of 1980 and RCW 18.73.230 are each amended to read as follows:
(1) The
principal activities of the poison ((control and drug information program))
information centers shall be answering requests by telephone for poison
information and making recommendations for appropriate emergency management and
treatment referral of poisoning exposure and overdose victims. These services,
provided around-the-clock, will involve determining whether treatment can be
accomplished ((in the home setting)) at the scene of the incident
or whether transport to an emergency treatment facility is required;
recommending treatment measures to appropriate personnel; and carrying out
follow-up to assure that adequate care is provided.
(2) ((Program))
Poison center personnel shall provide follow-up education to prevent
future similar incidents. They shall also provide community education programs
designed to improve public awareness of poisoning and overdose problems, and to
educate the public regarding prevention.
(3) ((Program))
Poison center personnel shall answer drug information questions from
health professionals by providing current, accurate, and unbiased information
((relating to)) regarding drugs and their therapeutic uses.
(4) ((The
program)) Poison centers shall utilize physicians, pharmacists,
nurses, and supportive personnel trained in various aspects of toxicology,
poison control and prevention, and drug information retrieval and analysis.
NEW SECTION. Sec. 4. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Department" means the department of social and health services.
(2) "Poison information center medical director" means a person who: (a) Is licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathy and surgery under chapter 18.57 RCW; (b) is certified by the secretary under standards adopted under section 5 of this act; and (c) provides services enumerated under sections 2 and 3 of this act, and is responsible for supervision of poison information specialists.
(3) "Poison information specialist" means a person who provides services enumerated under sections 2 and 3 of this act under the supervision of a poison information center medical director and is certified by the secretary under standards adopted under section 5 of this act.
(4) "Secretary" means the secretary of social and health services.
NEW SECTION. Sec. 5. The secretary with the advice of the emergency medical services committee established under RCW 18.73.050 shall adopt rules, under chapter 34.04 RCW, prescribing:
(1) Standards for the operation of a poison information center;
(2) Standards and procedures for certification, recertification and decertification of poison center medical directors and poison information specialists; and
(3) Standards and procedures for reciprocity with other states or national certifying agencies.
NEW SECTION. Sec. 6. (1) A person may not act as a poison center medical director or poison information specialist without being certified by the secretary under this chapter.
(2) Notwithstanding subsection (1) of this section, if a poison center medical director terminates certification or is decertified, that poison center medical director's authority may be delegated by the department to any other person licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathy and surgery under chapter 18.57 RCW for a period of thirty days, or until a new poison center medical director is certified, whichever comes first.
NEW SECTION. Sec. 7. (1) No act done or omitted in good faith while performing duties as a poison center medical director or poison information specialist shall impose any liability on the poison center, its officers, the poison center medical director, the poison information specialist, or other employees.
(2) This section:
(a) Applies only to acts or omissions committed or omitted in the performance of duties which are within the area of responsibility and expertise of the poison center medical director or poison information specialist.
(b) Does not relieve the poison center or any person from any duty imposed by law for the designation or training of a person certified under this chapter.
(c) Does not apply to any act or omission which constitutes gross negligence or wilful or wanton conduct.
NEW SECTION. Sec. 8. The department shall defend any poison center medical director or poison information specialist for any act or omission subject to section 7 of this act.
NEW SECTION. Sec. 9. Sections 4 through 8 of this act shall constitute a new chapter in Title 18 RCW.
NEW SECTION. Sec. 10. RCW 18.73.210, 18.73.220, and 18.73.230 are each recodified as sections in the chapter created under section 9 of of this act.
NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.