HOUSE BILL REPORT
HB 1089
BYRepresentatives Prentice, Patrick, Vekich, Braddock, Wang, Cantwell, Cole, Rust, Leonard, Jones, Nelson, R. Fisher, P. King and R. King
Providing for physician reporting of pesticide-related illness.
House Committe on Commerce & Labor
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (10)
Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, Prentice, C. Smith, Walker and Wolfe.
House Staff:Chris Cordes (786-7117)
AS REPORTED BY COMMITTEE ON COMMERCE & LABOR JANUARY 20, 1989
BACKGROUND:
The Department of Social and Health Services is authorized to investigate pesticide poisonings and provide technical assistance and consultation to health care providers on the health effects of pesticides. If an emergency involving pesticides occurs that represents a health hazard to the public, the department must be notified. The department is then responsible for assuming control of the property, disposing of the hazardous material, preventing further contamination, and restoring the property to a nonhazardous condition.
Washington law does not require health care providers to report pesticide poisoning cases to the department or local health agencies. Several states, including Oregon and California, require reporting of pesticide-related illness.
SUMMARY:
SUBSTITUTE BILL: An attending physician or health care provider primarily responsible for the diagnosis and treatment of a patient or, in the absence of a primary provider, the health care provider that initiates health services must report a case or suspected case of pesticide poisoning to the Department of Social and Health Services. The report must be made in the manner prescribed by the State Board of Health, with reporting time periods ranging from immediately to seven days, depending on the severity of the case. The Department of Social and Health Services must provide a toll-free telephone number for any oral reports. Pesticide applicators or employers must provide available information to the health care provider on pesticide applications that may have affected the patient's health.
The Department of Social and Health Services is responsible for investigating the report to document the incident. The results of the investigation must be reported to the health care provider making the original report.
The Department of Social and Health Services must notify the local health officer, the Department of Agriculture and the Department of Labor and Industries, as appropriate, within the time period established by board rules. The department must also develop and implement medical education programs to alert health care providers to the symptoms, diagnosis, treatment, and reporting of pesticide poisonings.
If a health care provider fails to make the required reports, the provider may be subject to disciplinary action by the appropriate disciplinary authority.
No cause of action may arise as the result of a failure to make the required reports or because of any report made to the department.
The State Board of Health must adopt rules to implement the reporting program by January 1, 1990.
SUBSTITUTE BILL COMPARED TO ORIGINAL: The pesticide-illness reporting requirements are changed to (a) limit reporting to the health care provider that is primarily responsible for the diagnosis and treatment of the patient or the provider who initiates testing and health services, if there is no primary provider; and (b) require reporting under State Board of Health rules. The board must adopt rules by January 1, 1990. The reporting requirements must be patterned after reporting requirements that have been established for other reportable diseases or conditions, with reporting time periods ranging from immediate reporting or reporting within seven days. For oral reports, the Department of Social and Health Services must make a toll-free telephone number available.
A provision is added to require pesticide applicators or employers to provide available information to the health care provider on pesticide applications that may have affected the patient's health.
The civil penalty for failure to report pesticide poisoning is deleted. A health care provider who does not make the required reports is subject to disciplinary action under the appropriate disciplinary authority.
A provision is added to prohibit causes of action for failure to make a required report on pesticide poisoning or because of any report on pesticide poisoning submitted to the Department of Social and Health Services.
A definition of "suspected case of pesticide poisoning" is added.
The appropriations clause is deleted.
Fiscal Note: Requested January 23, 1989.
House Committee ‑ Testified For: Michelle Besso, Evergreen Legal Services; Arcelia Garcia; Frank DeLong, Washington State Horticultural Association; Elizabeth Tabbutt, Washington Environmental Council; Cha Smith, Washington Toxics Coalition; Alice Larson, Work Group on Pesticide Health and Safety; Larry Eason, WASHPIRG; Tomas Villanueva, United Farmworkers of Washington; George Finch, United Farmworkers of Washington; Tom Lamar, Northwest Coalition for Alternatives to Pesticides; Adrian Brown, Black Hills Audubon Society; George Schneider, Washington Medical Association (with reservations).
House Committee - Testified Against: None Presented.
House Committee - Testimony For: Washington has no system for gathering data on pesticide poisonings or tracking the results of pesticide exposures. This information is needed for public policy planning of health care services and pesticide regulation. Research on the long-term effects of pesticides would be facilitated if a data bank were available. Reporting of pesticide poisonings would also alert regulatory agencies and the health care community to pesticide incidents that are a danger to the public.
House Committee - Testimony Against: None Presented.