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                                           ENGROSSED HOUSE BILL NO. 2470

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State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Cole, Leonard, Jones, R. King, O'Brien, Basich, Valle, Nelson, Hargrove, Prentice and Wang

Read first time 1/12/90 and referred to Committee on Commerce & Labor.

AN ACT Relating to pain management programs in industrial insurance; and adding a new section to chapter 51.36 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 51.36 RCW to read as follows:

          (1) The department shall develop standards for the evaluation of pain management programs used to treat injured workers under this title.  On or after January 1, 1991, no pain management program shall provide services to injured workers under this title unless the program has been certified as meeting the department standards.  The standards shall include, but are not limited to:

          (a) The qualifications of the medical personnel and other staff providing pain management services;

          (b) Treatment modalities that may be included as part of the pain management program; and

          (c) Successful outcomes, determined by considering both the return-to-work rate of program participants and the perception of benefit reported by program participants.

!ixAny program failing to meet the department's standards for certification shall, after notice and an opportunity for hearing under chapter 34.05 RCW, be decertified.

          (2) Participation in a pain management program shall be voluntary, except as otherwise provided in this subsection.  Upon referral by the worker's attending physician or the department, a worker shall be required to attend a screening interview and, if accepted into a program, the two subsequent sessions of the pain management program.  Thereafter, any  worker who chooses not to participate in a pain management program shall be deemed to have good cause for the refusal to participate for the purposes of RCW 51.32.110.

          (3) Consistent with the recommendations of the injured worker's attending physician or other treating health care provider, the injured worker participating in a pain management program shall be provided appropriate vocational rehabilitation services under RCW 51.32.095.

          (4) The department shall adopt rules under chapter 34.05 RCW determining which information contained in pain management program records for a participating injured worker may be made available under RCW 51.36.060.