AN ACT Relating to surgical technologists; reenacting and amending RCW 18.120.020; 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. (1) "Certified surgical technologist" means a person who has satisfactorily completed a board-approved training program designed to prepare persons to practice as surgical technologists, or who has otherwise satisfied the requirements of this chapter to practice as a certified surgical technologist in this state.

(2) "Board" means the Washington state surgical technologists board.

NEW SECTION. Sec. 2. The Washington state surgical technologists board is hereby created. The initial members of the board shall be appointed by the governor as follows:

(1) One certified surgical technologist for a term of five years;

(2) One surgical technologist for a term of three years;

(3) One instructor of surgical technology for a term of three years;

(4) One surgeon licensed in the state of Washington for a term of four years;

(5) One registered nurse with an administrative background in operating room procedures for a term of two years;

(6) One hospital administrator for a term of two years; and

(7) One public member for a term of one year.

Thereafter all appointments shall be for five-year terms. Vacancies shall be filled for the unexpired term by appointment of the governor, who also may remove any member for neglect of duty required by law, or for incompetency or unprofessional conduct.

Each board member shall be compensated in accordance with RCW 43.03.240 and shall be paid travel expenses while away from home in accordance with RCW 43.03.050 and 43.03.060. The members of the board shall elect a chairperson and a secretary from among themselves, who shall serve until a successor is elected by the board.

NEW SECTION. Sec. 3. The board shall adopt rules establishing the qualifications and the educational and training requirements for persons who may be certified as surgical technologists under this chapter. The board shall approve such programs as it finds meet the minimum requirements established by the board.

The board may grant certification to persons who have graduated from a board-approved program and have passed an examination administered by the board. The board may also grant certification to persons who on or before the effective date of this section: (1) Have graduated from or are enrolled in and later graduate from a surgical technology program recognized by the board; or (2) have received certification from a nationally recognized professional body. The board may also grant certification to persons who have credentials from another state that are substantially equivalent to those required for certification under this chapter. The board shall adopt such rules under chapter 34.04 RCW as are necessary to carry out this chapter.

NEW SECTION. Sec. 4. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of certification and the discipline of persons violating this chapter.

NEW SECTION. Sec. 5. A certified surgical technologist as defined under this chapter may practice as such in this state only with authorization by the board.

Sec. 6. Section 14, chapter 412, Laws of 1987, section 16, chapter 415, Laws of 1987, section 17, chapter 447, Laws of 1987, section 21, chapter 512, Laws of 1987 and RCW 18.120.020 are each reenacted and amended to read as follows:

The definitions contained in this section shall 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: Podiatry under chapter 18.22 RCW; chiropractic under chapters 18.25 and 18.26 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; dispensing opticians under chapter 18.34 RCW; hearing aids 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; osteopathy and 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, 18.71A, and 18.72 RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.78 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.88 RCW; occupational therapists licensed pursuant to chapter 18.59 RCW; respiratory care practitioners certified under chapter 18.89 RCW; veterinarians and animal technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists certified under chapter 18.06 RCW; persons registered or certified under chapter 18.19 RCW; surgical technologists certified under chapter 18.-- RCW (sections 1 through 5 of this 1988 act) and radiologic technicians under chapter 18.84 RCW.

(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.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 8. Section 5 of this act shall take effect on January 1, 1989.