SIXTIETH LEGISLATURE - REGULAR SESSION





FORTY SIXTH DAY





House Chamber, Olympia, Thursday, February 28, 2008


       The House was called to order at 9:55 a.m. by the Speaker (Representative Moeller presiding).


       Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


INTRODUCTION AND FIRST READING

 

HB 3378       by Representatives Kessler, O'Brien, Blake and Takko


       AN ACT Relating to the use of county sales and use taxes for emergency preparedness by voter approval; and amending RCW 82.14.450.


       Referred to Committee on Finance.


       There being no objection, the bill listed on the day's introduction sheet under the fourth order of business was referred to the committees so designated.


REPORTS OF STANDING COMMITTEES

February 26, 2008

ESSB 5010   Prime Sponsor, Senate Committee on Ways & Means: Creating a state park foster home pass. Reported by Committee on Ecology & Parks

 

Majority recommendation: Do pass. Signed by Representatives Upthegrove, Chair; Rolfes, Vice Chair; Sump, Ranking Minority Member; Dickerson; Dunshee; Eickmeyer; Kristiansen; O'Brien and Pearson.


       Referred to Committee on Appropriations Subcommittee on General Government & Audit Review.


February 25, 2008

SSB 5254     Prime Sponsor, Senate Committee on Ways & Means: Authorizing a grant program for industry skill panels. Reported by Committee on Higher Education

 

Majority recommendation: Do pass. Signed by Representatives Wallace, Chair; Sells, Vice Chair; Hasegawa; Jarrett; McIntire; Roberts and Sommers.

 

Minority recommendation: Do not pass. Signed by Representatives Anderson, Ranking Minority Member; Hankins and Schmick.



       Referred to the Committee on Appropriations Subcommittee on Education.


February 26, 2008

SSB 5285     Prime Sponsor, Senate Committee on Health & Long-Term Care: Concerning residential services and support enforcement standards. Reported by Committee on Human Services

 

Majority recommendation: Do pass. Signed by Representatives Dickerson, Chair; Roberts, Vice Chair; Ahern, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Bailey; Darneille; McCoy and O'Brien.


       Referred to Committee on Appropriations.


February 26, 2008

ESB 5599     Prime Sponsor, Senator Schoesler: Modifying provisions related to the distribution of tax proceeds from thermal electric generating facilities. Reported by Committee on Technology, Energy & Communications

 

Majority recommendation: Do pass. Signed by Representatives McCoy, Chair; Eddy, Vice Chair; Crouse, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Ericksen; Herrera; Hudgins; Kelley; Morris; Takko and Van De Wege.

 

Minority recommendation: Without recommendation. Signed by Representative Hankins.


       Passed to Committee on Rules for second reading.


February 26, 2008

2SSB 5642   Prime Sponsor, Senate Committee on Ways & Means: Addressing cigarette ignition propensity. Reported by Committee on Commerce & Labor

 

Majority recommendation: Do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Green; Moeller and Williams.


       Referred to Committee on Appropriation Subcommittee on General Government & Audit Review.


February 26, 2008

SSB 5651     Prime Sponsor, Senate Committee on Financial Institutions & Insurance: Changing the criteria for investigating and assessing performance in meeting community credit needs. Reported by Committee on Insurance, Financial Services & Consumer Protection

 

Majority recommendation: Do pass. Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Roach, Ranking Minority Member; Loomis; Rodne; Santos; Simpson and Smith.


       Passed to Committee on Rules for second reading.


February 25, 2008

SB 5868       Prime Sponsor, Senator Kline: Defining civil disorder. Reported by Committee on Public Safety & Emergency Preparedness

 

Majority recommendation: Do pass. Signed by Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern; Goodman and Kirby.


       Passed to Committee on Rules for second reading.


February 26, 2008

ESB 5927     Prime Sponsor, Senator Delvin: Regarding nondisclosure of certain information of gambling commission licensees. (REVISED FOR ENGROSSED: Regarding nondisclosure of certain information of gambling commission licensees and tribes with approved gaming compacts. ) Reported by Committee on State Government & Tribal Affairs

 

Majority recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Chandler, Ranking Minority Member; Kretz; Liias; Miloscia and Ormsby.


       Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6181     Prime Sponsor, Senate Committee on Government Operations & Elections: Providing an employee of the county legislative authority may be appointed to the county canvassing board. Reported by Committee on State Government & Tribal Affairs

 

Majority recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Liias; Miloscia and Ormsby.

 


Minority recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; and Kretz.


       Passed to Committee on Rules for second reading.


February 25, 2008

SB 6187       Prime Sponsor, Senator Shin: Creating the food animal veterinarian conditional scholarship program. Reported by Committee on Appropriations Subcommittee on Education

 

Majority recommendation: Do pass. Signed by Representatives Wallace, Chair; Sells, Vice Chair; Anderson, Ranking Minority Member; Hankins; Hasegawa; Jarrett; McIntire; Roberts; Schmick and Sommers.


       Referred to Committee on Appropriations Subcommittee on Education.


February 25, 2008

SB 6223       Prime Sponsor, Senator Keiser: Authorizing emergency medical technicians to administer glucagon in emergency situations. Reported by Committee on Health Care & Wellness

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. By December 15, 2008, the emergency medical services and trauma care steering committee established in RCW 70.168.020 shall recommend to the governor and the legislature whether or not emergency medical technicians should be authorized to carry and administer glucagon emergency kits. The committee may appoint a work group from its membership as well as other individuals with expertise that the committee deems relevant to assist it with its recommendation. The work group shall base its recommendation on existing data regarding the need for glucagon administered by emergency medical services personnel, the risks associated with improper administration, and the approximate education and training costs associated with preparing emergency medical technicians to carry and administer glucagon emergency kits.


        NEW SECTION. Sec. 2. A new section is added to chapter 70.168 RCW to read as follows:

        (1) By January 1, 2010, the department shall establish training standards and the state's medical program directors shall adopt protocols pertaining to the use and administration of a patient's own glucagon emergency kit.

        (2) After July 1, 2010, emergency medical technicians may administer a patient's own glucagon emergency kit in accordance with the training standards and protocols developed in subsection (1) of this section.

        (3) Nothing in this section authorizes the administration of glucagon emergency kits by a first responder.


        NEW SECTION. Sec. 3. Section 1 of this act expires January 1, 2009."


        Correct the title.

 

Signed by Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Condotta; DeBolt; Green; Moeller; Pedersen; Schual-Berke and Seaquist.


       Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6244     Prime Sponsor, Senate Committee on Human Services & Corrections: Addressing the housing of offenders who violate community custody. Reported by Committee on Human Services

 

Majority recommendation: Do pass. Signed by Representatives Dickerson, Chair; Roberts, Vice Chair; Ahern, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Bailey; Darneille; McCoy and O'Brien.


       Passed to Committee on Rules for second reading.


February 27, 2008

SB 6261       Prime Sponsor, Senator Kilmer: Requiring the workforce training and education coordinating board to research and evaluate work and learning programs for adult youth. (REVISED FOR PASSED LEGISLATURE: Requiring the workforce training and education coordinating board to conduct research and advise the governor and the legislature regarding policies and programs to alleviate the high unemployment rate of young adults. ) Reported by Committee on Higher Education

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that there is a persistent and unacceptable high rate of unemployment among young people in Washington. The unemployment rate among those between eighteen and twenty-four years of age is seventeen percent, about four times the unemployment rate among the general population. It is the legislature's intent that the workforce training and education coordinating board examine programs to help young people be more successful in the workforce and make recommendations to improve policies and programs in Washington.


        Sec. 2. RCW 28C.18.060 and 2007 c 149 s 1 are each amended to read as follows:


        The board, in cooperation with the operating agencies of the state training system and private career schools and colleges, shall:

        (1) Concentrate its major efforts on planning, coordination evaluation, policy analysis, and recommending improvements to the state's training system((.));

        (2) Advocate for the state training system and for meeting the needs of employers and the workforce for workforce education and training((.));

        (3) Establish and maintain an inventory of the programs of the state training system, and related state programs, and perform a biennial assessment of the vocational education, training, and adult basic education and literacy needs of the state; identify ongoing and strategic education needs; and assess the extent to which employment, training, vocational and basic education, rehabilitation services, and public assistance services represent a consistent, integrated approach to meet such needs((.));

        (4) Develop and maintain a state comprehensive plan for workforce training and education, including but not limited to, goals, objectives, and priorities for the state training system, and review the state training system for consistency with the state comprehensive plan. In developing the state comprehensive plan for workforce training and education, the board shall use, but shall not be limited to: Economic, labor market, and populations trends reports in office of financial management forecasts; joint office of financial management and employment security department labor force, industry employment, and occupational forecasts; the results of scientifically based outcome, net-impact and cost-benefit evaluations; the needs of employers as evidenced in formal employer surveys and other employer input; and the needs of program participants and workers as evidenced in formal surveys and other input from program participants and the labor community((.));

        (5) In consultation with the higher education coordinating board, review and make recommendations to the office of financial management and the legislature on operating and capital facilities budget requests for operating agencies of the state training system for purposes of consistency with the state comprehensive plan for workforce training and education((.));

        (6) Provide for coordination among the different operating agencies and components of the state training system at the state level and at the regional level((.));

        (7) Develop a consistent and reliable database on vocational education enrollments, costs, program activities, and job placements from publicly funded vocational education programs in this state((.));

        (8)(a) Establish standards for data collection and maintenance for the operating agencies of the state training system in a format that is accessible to use by the board. The board shall require a minimum of common core data to be collected by each operating agency of the state training system((.

        The board shall));

        (b) Develop requirements for minimum common core data in consultation with the office of financial management and the operating agencies of the training system((.));

        (9) Establish minimum standards for program evaluation for the operating agencies of the state training system, including, but not limited to, the use of common survey instruments and procedures for measuring perceptions of program participants and employers of program participants, and monitor such program evaluation((.));

        (10) Every two years administer scientifically based outcome evaluations of the state training system, including, but not limited to, surveys of program participants, surveys of employers of program participants, and matches with employment security department payroll and wage files. Every five years administer scientifically based net-impact and cost-benefit evaluations of the state training system((.)) ;

        (11) In cooperation with the employment security department, provide for the improvement and maintenance of quality and utility in occupational information and forecasts for use in training system planning and evaluation. Improvements shall include, but not be limited to, development of state-based occupational change factors involving input by employers and employees, and delineation of skill and training requirements by education level associated with current and forecasted occupations((.));

        (12) Provide for the development of common course description formats, common reporting requirements, and common definitions for operating agencies of the training system((.));

        (13) Provide for effectiveness and efficiency reviews of the state training system((.));

        (14) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between institutions of the state training system, and encourage articulation agreements for programs encompassing two years of secondary workforce education and two years of postsecondary workforce education((.));

        (15) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between private training institutions and institutions of the state training system((.));

        (16) Develop policy objectives for the workforce investment act, P.L. 105-220, or its successor; develop coordination criteria for activities under the act with related programs and services provided by state and local education and training agencies; and ensure that entrepreneurial training opportunities are available through programs of each local workforce investment board in the state((.));

        (17) Make recommendations to the commission of student assessment, the state board of education, and the superintendent of public instruction, concerning basic skill competencies and essential core competencies for K-12 education. Basic skills for this purpose shall be reading, writing, computation, speaking, and critical thinking, essential core competencies for this purpose shall be English, math, science/technology, history, geography, and critical thinking. The board shall monitor the development of and provide advice concerning secondary curriculum which integrates vocational and academic education((.));

        (18) Establish and administer programs for marketing and outreach to businesses and potential program participants((.));

        (19) Facilitate the location of support services, including but not limited to, child care, financial aid, career counseling, and job placement services, for students and trainees at institutions in the state training system, and advocate for support services for trainees and students in the state training system((.));

        (20) Facilitate private sector assistance for the state training system, including but not limited to: Financial assistance, rotation of private and public personnel, and vocational counseling((.));

        (21) Facilitate the development of programs for school-to-work transition that combine classroom education and on-the-job training, including entrepreneurial education and training, in industries and occupations without a significant number of apprenticeship programs((.));

        (22) Include in the planning requirements for local workforce investment boards a requirement that the local workforce investment boards specify how entrepreneurial training is to be offered through the one-stop system required under the workforce investment act, P.L. 105-220, or its successor((.));


        (23) Encourage and assess progress for the equitable representation of racial and ethnic minorities, women, and people with disabilities among the students, teachers, and administrators of the state training system. Equitable, for this purpose, shall mean substantially proportional to their percentage of the state population in the geographic area served. This function of the board shall in no way lessen more stringent state or federal requirements for representation of racial and ethnic minorities, women, and people with disabilities((.));

        (24) Participate in the planning and policy development of governor set-aside grants under P.L. 97-300, as amended((.));

        (25) Administer veterans' programs, licensure of private vocational schools, the job skills program, and the Washington award for vocational excellence((.));

        (26) Allocate funding from the state job training trust fund((.));

        (27) Work with the director of community, trade, and economic development to ensure coordination between workforce training priorities and that department's economic development and entrepreneurial development efforts((.));

        (28) Conduct research into workforce development programs designed to reduce the high unemployment rate among young people between approximately eighteen and twenty-four years of age. In consultation with the operating agencies, the board shall advise the governor and legislature on policies and programs to alleviate the high unemployment rate among young people. The research shall include disaggregated demographic information and, to the extent possible, income data for adult youth. The board shall report to the appropriate committees of the legislature by November 15, 2008, and every two years thereafter. Where possible, the data reported to the legislative committees should be reported in numbers and in percentages;

        (29) Adopt rules as necessary to implement this chapter.

        The board may delegate to the director any of the functions of this section.


        NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."


        Correct the title.

 

Signed by Representatives Wallace, Chair; Sells, Vice Chair; Hasegawa; McIntire; Roberts and Sommers.

 

Minority recommendation: Do not pass. Signed by Representatives Anderson, Ranking Minority Member; Hankins and Schmick.


       Passed to Committee on Rules for second reading.


February 25, 2008

ESSB 6295   Prime Sponsor, Senate Committee on Ways & Means: Creating workplace-based electronically distributed learning opportunities. (REVISED FOR PASSED LEGISLATURE: Creating workplace-based learning opportunities. ) Reported by Committee on Higher Education

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that there is a persistent and unacceptable high rate of unemployment among young people in Washington. The unemployment rate among those between eighteen and twenty-four years of age is seventeen percent, about four times the unemployment rate among the general population. It is the legislature's intent that the workforce training and education coordinating board examine programs to help young people be more successful in the workforce and make recommendations to improve policies and programs in Washington.


        Sec. 2. RCW 28C.18.060 and 2007 c 149 s 1 are each amended to read as follows:

        The board, in cooperation with the operating agencies of the state training system and private career schools and colleges, shall:

        (1) Concentrate its major efforts on planning, coordination evaluation, policy analysis, and recommending improvements to the state's training system((.));

        (2) Advocate for the state training system and for meeting the needs of employers and the workforce for workforce education and training((.));

        (3) Establish and maintain an inventory of the programs of the state training system, and related state programs, and perform a biennial assessment of the vocational education, training, and adult basic education and literacy needs of the state; identify ongoing and strategic education needs; and assess the extent to which employment, training, vocational and basic education, rehabilitation services, and public assistance services represent a consistent, integrated approach to meet such needs((.));

        (4) Develop and maintain a state comprehensive plan for workforce training and education, including but not limited to, goals, objectives, and priorities for the state training system, and review the state training system for consistency with the state comprehensive plan. In developing the state comprehensive plan for workforce training and education, the board shall use, but shall not be limited to: Economic, labor market, and populations trends reports in office of financial management forecasts; joint office of financial management and employment security department labor force, industry employment, and occupational forecasts; the results of scientifically based outcome, net-impact and cost-benefit evaluations; the needs of employers as evidenced in formal employer surveys and other employer input; and the needs of program participants and workers as evidenced in formal surveys and other input from program participants and the labor community((.));

        (5) In consultation with the higher education coordinating board, review and make recommendations to the office of financial management and the legislature on operating and capital facilities budget requests for operating agencies of the state training system for purposes of consistency with the state comprehensive plan for workforce training and education((.));

        (6) Provide for coordination among the different operating agencies and components of the state training system at the state level and at the regional level((.));

        (7) Develop a consistent and reliable database on vocational education enrollments, costs, program activities, and job placements from publicly funded vocational education programs in this state((.));

        (8)(a) Establish standards for data collection and maintenance for the operating agencies of the state training system in a format that is accessible to use by the board. The board shall require a minimum of common core data to be collected by each operating agency of the state training system((.

        The board shall));

        (b) Develop requirements for minimum common core data in consultation with the office of financial management and the operating agencies of the training system((.));

        (9) Establish minimum standards for program evaluation for the operating agencies of the state training system, including, but not limited to, the use of common survey instruments and procedures for measuring perceptions of program participants and employers of program participants, and monitor such program evaluation((.));

        (10) Every two years administer scientifically based outcome evaluations of the state training system, including, but not limited to, surveys of program participants, surveys of employers of program participants, and matches with employment security department payroll and wage files. Every five years administer scientifically based net-impact and cost-benefit evaluations of the state training system((.)) ;

        (11) In cooperation with the employment security department, provide for the improvement and maintenance of quality and utility in occupational information and forecasts for use in training system planning and evaluation. Improvements shall include, but not be limited to, development of state-based occupational change factors involving input by employers and employees, and delineation of skill and training requirements by education level associated with current and forecasted occupations((.));

        (12) Provide for the development of common course description formats, common reporting requirements, and common definitions for operating agencies of the training system((.));

        (13) Provide for effectiveness and efficiency reviews of the state training system((.));

        (14) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between institutions of the state training system, and encourage articulation agreements for programs encompassing two years of secondary workforce education and two years of postsecondary workforce education((.));

        (15) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between private training institutions and institutions of the state training system((.));

        (16) Develop policy objectives for the workforce investment act, P.L. 105-220, or its successor; develop coordination criteria for activities under the act with related programs and services provided by state and local education and training agencies; and ensure that entrepreneurial training opportunities are available through programs of each local workforce investment board in the state((.));

        (17) Make recommendations to the commission of student assessment, the state board of education, and the superintendent of public instruction, concerning basic skill competencies and essential core competencies for K-12 education. Basic skills for this purpose shall be reading, writing, computation, speaking, and critical thinking, essential core competencies for this purpose shall be English, math, science/technology, history, geography, and critical thinking. The board shall monitor the development of and provide advice concerning secondary curriculum which integrates vocational and academic education((.));

        (18) Establish and administer programs for marketing and outreach to businesses and potential program participants((.));

        (19) Facilitate the location of support services, including but not limited to, child care, financial aid, career counseling, and job placement services, for students and trainees at institutions in the state training system, and advocate for support services for trainees and students in the state training system((.));

        (20) Facilitate private sector assistance for the state training system, including but not limited to: Financial assistance, rotation of private and public personnel, and vocational counseling((.));

        (21) Facilitate the development of programs for school-to-work transition that combine classroom education and on-the-job training, including entrepreneurial education and training, in industries and occupations without a significant number of apprenticeship programs((.));

        (22) Include in the planning requirements for local workforce investment boards a requirement that the local workforce investment boards specify how entrepreneurial training is to be offered through the one-stop system required under the workforce investment act, P.L. 105-220, or its successor((.));

        (23) Encourage and assess progress for the equitable representation of racial and ethnic minorities, women, and people with disabilities among the students, teachers, and administrators of the state training system. Equitable, for this purpose, shall mean substantially proportional to their percentage of the state population in the geographic area served. This function of the board shall in no way lessen more stringent state or federal requirements for representation of racial and ethnic minorities, women, and people with disabilities((.));

        (24) Participate in the planning and policy development of governor set-aside grants under P.L. 97-300, as amended((.));

        (25) Administer veterans' programs, licensure of private vocational schools, the job skills program, and the Washington award for vocational excellence((.));

        (26) Allocate funding from the state job training trust fund((.));

        (27) Work with the director of community, trade, and economic development to ensure coordination between workforce training priorities and that department's economic development and entrepreneurial development efforts((.));

        (28) Conduct research into workforce development programs designed to reduce the high unemployment rate among young people between approximately eighteen and twenty-four years of age. In consultation with the operating agencies, the board shall advise the governor and legislature on policies and programs to alleviate the high unemployment rate among young people. The research shall include disaggregated demographic information and, to the extent possible, income data for adult youth. The board shall report to the appropriate committees of the legislature by November 15, 2008, and every two years thereafter. Where possible, the data reported to the legislative committees should be reported in numbers and in percentages;

        (29) Adopt rules as necessary to implement this chapter.

        The board may delegate to the director any of the functions of this section.


        NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."


        Correct the title.

 

Signed by Representatives Wallace, Chair; Sells, Vice Chair; Anderson, Ranking Minority Member; Hankins; Hasegawa; Jarrett; McIntire; Roberts; Schmick and Sommers.



       Passed to Committee on Rules for second reading.


February 28, 2008

SB 6313       Prime Sponsor, Senator McAuliffe: Recognizing disability history in the public education system. Reported by Committee on Appropriations Subcommittee on Education

 

Majority recommendation: Do pass. Signed by Representatives Quall, Chair; Barlow, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh, Liias, Santos and Sullivan.


       Referred to the Committee on Appropriations Subcommittee on Education.


February 26, 2008

SSB 6317     Prime Sponsor, Senate Committee on Financial Institutions & Insurance: Requiring the payment of interest upon failure to pay death benefits that are payable under the terms of a group life insurance policy. Reported by Committee on Insurance, Financial Services & Consumer Protection

 

Majority recommendation: Do pass. Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Roach, Ranking Minority Member; Loomis; Rodne; Santos; Simpson and Smith.


       Passed to Committee on Rules for second reading.


February 25, 2008

SSB 6328     Prime Sponsor, Senate Committee on Higher Education: Enhancing campus security. Reported by Committee on Higher Education

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 28B.10.569 and 1990 c 288 s 7 are each amended to read as follows:

        (1) Each institution of higher education with a commissioned police force shall report to the Washington association of sheriffs and police chiefs or its successor agency, on a monthly basis, crime statistics for the Washington state uniform crime report, in the format required by the Washington association of sheriffs and police chiefs, or its successor agency. Institutions of higher education which do not have commissioned police forces shall report crime statistics through appropriate local law enforcement agencies.

        (2) Each institution of higher education shall publish and distribute a report which shall be updated annually and which shall include the crime statistics as reported under subsection (1) of this section for the most recent three-year period. Upon request, the institution shall provide the report to every person who submits an application for admission to either a main or branch campus, and to each new employee at the time of employment. In its acknowledgment of receipt of the formal application for admission, the institution shall notify the applicant of the availability of such information. The information also shall be provided on an annual basis to all students and employees. Institutions with more than one campus shall provide the required information on a campus-by-campus basis.

        (3)(a) Within existing resources, each institution of higher education shall ((provide to every new student and new employee)) make available to all students, faculty, and staff, and upon request to other interested persons, ((information which follows the general categories for safety policies and procedures outlined in this section. Such categories shall, at a minimum, include)) an emergency management and response plan that includes, at a minimum, the following:

        (i) Data regarding:

        (A) Campus enrollments((,));

        (B) Campus nonstudent workforce profile((,)); and

        (C) The number ((and duties)) of campus security personnel((,));

        (ii) Policies, procedures, and programs related to:

        (A) Preventing and responding to violence and other campus emergencies;

        (B) Setting the weapons policy on campus;

        (C) Controlled substances as defined in RCW 64.44.010; and

        (D) Governing student privacy;

        (iii) Information about:

        (A) Sexual assault, domestic violence, and stalking, including contact information for campus and community victim advocates, information on where to view or receive campus policies on complaints, and the name and contact information of the individual or office to whom students and employees may direct complaints of sexual assault, stalking, or domestic violence; and

        (B) Sexual harassment, including contact information for campus and community victim advocates, information on where to view or receive campus policies on complaints, and the name and contact information of the individual or office to whom students and employees may direct complaints of sexual harassment;

        (iv) Descriptions of:

        (A) Mutual assistance arrangements with state and local police((, sexual assault and domestic violence and policies on controlled substances));

        (B) Methods and options that persons with disabilities or special needs have to access services and programs;

        (C) Escort and transportation services that provide for individual security;

        (D) Mental health and counseling services available to students, faculty, and staff;

        (E) Procedures for communicating with students, faculty, staff, the public, and the media, during and following natural and nonnatural emergencies.

        ((Information)) (b) The emergency management and response plan shall include, for the most recent academic year ((also shall include)):

        (i) A description of ((any)) programs and services offered by ((an institution's student affairs or services department, and by student government organizations regarding)) the institution and student-sponsored organizations that provide for crime prevention and counseling((, including a directory)). The description must include a listing of the available services ((and appropriate telephone numbers and physical locations of these services. In addition)), the service locations, and how the services may be contacted; and


        (ii) For institutions maintaining student housing facilities ((shall include)), information detailing security policies and programs for those facilities.

        (c)(i) Institutions with a main campus and one or more branch campuses shall provide the information on a campus-by-campus basis.

        ((In the case of)) (ii) Community and technical colleges((, colleges)) shall provide such information ((to)) for the main campuses only, and shall provide reasonable alternative information ((at)) for any off-campus centers and ((other)) affiliated college sites enrolling ((less)) fewer than one hundred students.

        (4)(a) Each institution shall enter into memoranda of understanding that set forth responsibilities for the various local jurisdictions in the event of a campus emergency.

        (b) Each institution shall enter into mutual aid agreements with local jurisdictions regarding the shared use of equipment and technology in the event of a campus emergency.

        (c) Memoranda of understanding and mutual aid agreements shall be updated and included in emergency management and response plans.

        (5)(a) Each institution shall establish a task force ((which shall annually)) that examines campus security and safety issues at least annually. ((The task force shall review the report published and distributed pursuant to this section in order to ensure the accuracy and effectiveness of the report, and make any suggestions for improvement. This)) Each task force shall include representation from the institution's administration, faculty, staff, recognized student organizations, and police or security organization.

        (b) Each task force shall review the emergency management and response plan published and distributed under this section for its respective institution, in order to ensure its accuracy and effectiveness and to make any suggestions for improvement.

        (6) The president of each institution shall designate a specific individual responsible for monitoring and coordinating the institution's compliance with this section and shall ensure that contact information for this individual is made available to all students, faculty, and staff.


        NEW SECTION. Sec. 2. A new section is added to chapter 28B.10 RCW to read as follows:

        (1) Each institution of higher education shall take the following actions:

        (a) By October 30, 2008, submit a self-study assessing its ability to facilitate the safety of students, faculty, staff, administration, and visitors on each campus, including an evaluation of the effectiveness of these measures, an assessment of the institution's ability to disseminate information in a timely and efficient manner to students, faculty, and staff, an evaluation of the institution's ability to provide an appropriate level of mental health services, and an action plan and timelines describing plans to maximize program effectiveness for the next two biennia. Four-year institutions shall submit their studies to the higher education coordinating board. Community and technical colleges shall submit their studies to the state board for community and technical colleges.

        (b) By October 30th of each even-numbered year, beginning in 2010, each institution shall submit an update to its plan, including an assessment of the results of activities undertaken under any previous plan to address unmet safety issues, and additional activities, or modifications of current activities, to be undertaken to address remaining safety issues at the institution.

        (2) The higher education coordinating board and the state board for community and technical colleges shall report biennially, beginning December 31, 2010, to the governor and the higher education committees of the house of representatives and the senate on:

        (a) The efforts of each institution and the extent to which it has complied with RCW 28B.10.569 and subsection (1)(b) of this section; and

        (b) Recommendations on measures to assist institutions to ensure and enhance campus safety."


        Correct the title.

 

Signed by Representatives Wallace, Chair; Sells, Vice Chair; Anderson, Ranking Minority Member; Hankins, Hasegawa, Jarrett, McIntire, Roberts, Schmick and Sommers.


       Referred to Committee on Appropriations.


February 25, 2008

SB 6358       Prime Sponsor, Senator Regala: Adding child care providers, volunteers, and employees to the definition of "predatory" perpetrators for the purposes of filing a special allegation. Reported by Committee on Public Safety & Emergency Preparedness

 

Majority recommendation: Do pass. Signed by Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern; Goodman and Kirby.


       Passed to Committee on Rules for second reading.


February 25, 2008

SB 6364       Prime Sponsor, Senator Marr: Establishing standards for long-term care insurance. Reported by Committee on Health Care & Wellness

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The intent of this chapter is to promote the public interest, support the availability of long-term care coverage, establish standards for long-term care coverage, facilitate public understanding and comparison of long-term care contract benefits, protect persons insured under long-term care insurance policies and certificates, protect applicants for long-term care policies from unfair or deceptive sales or enrollment practices, and provide for flexibility and innovation in the development of long-term care insurance coverage.


        NEW SECTION. Sec. 2. This chapter applies to all long-term care insurance policies, contracts, or riders delivered or issued for delivery in this state on or after January 1, 2009. This chapter does not supersede the obligations of entities subject to this chapter to comply with other applicable laws to the extent that they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance.

        (1) Coverage advertised, marketed, or offered as long-term care insurance shall comply with the provisions of this chapter. Any coverage, policy, or rider advertised, marketed, or offered as long-term care or nursing home insurance shall comply with the provisions of this chapter.

        (2) Individual and group long-term care contracts issued prior to January 1, 2009, remain governed by chapter 48.84 RCW and rules adopted thereunder.

        (3) This chapter is not intended to prohibit approval of long-term care funded through life insurance.


        NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Applicant" means: (a) In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and (b) in the case of a group long-term care insurance policy, the proposed certificate holder.

        (2) "Certificate" includes any certificate issued under a group long-term care insurance policy that has been delivered or issued for delivery in this state.

        (3) "Commissioner" means the insurance commissioner of Washington state.

        (4) "Issuer" includes insurance companies, fraternal benefit societies, health care service contractors, health maintenance organizations, or other entity delivering or issuing for delivery any long-term care insurance policy, contract, or rider.

        (5) "Long-term care insurance" means an insurance policy, contract, or rider that is advertised, marketed, offered, or designed to provide coverage for at least twelve consecutive months for a covered person. Long-term care insurance maybe on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. Long-term care insurance includes any policy, contract, or rider that provides for payment of benefits based upon cognitive impairment or the loss of functional capacity.

        (a) Long-term care insurance includes group and individual annuities and life insurance policies or riders that provide directly or supplement long-term care insurance. However, long-term care insurance does not include life insurance policies that: (i) Accelerate the death benefit specifically for one or more of the qualifying events of terminal illness, medical conditions requiring extraordinary medical intervention, or permanent institutional confinement; (ii) provide the option of a lump-sum payment for those benefits; and (iii) do not condition the benefits or the eligibility for the benefits upon the receipt of long-term care.

        (b) Long-term care insurance also includes qualified long-term care insurance contracts.

         (c) Long-term care insurance does not include any insurance policy, contract, or rider that is offered primarily to provide coverage for basic medicare supplement, basic hospital expense, basic medical-surgical expense, hospital confinement indemnity, major medical expense, disability income, related income, asset protection, accident only, specified disease, specified accident, or limited benefit health.

        (6) "Group long-term care insurance" means a long-term care insurance policy or contract that is delivered or issued for delivery in this state and is issued to:

        (a) One or more employers; one or more labor organizations; or a trust or the trustees of a fund established by one or more employers or labor organizations for current or former employees, current or former members of the labor organizations, or a combination of current and former employees or members, or a combination of such employers, labor organizations, trusts, or trustees; or

        (b) A professional, trade, or occupational association for its members or former or retired members, if the association:

        (i) Is composed of persons who are or were all actively engaged in the same profession, trade, or occupation; and

        (ii) Has been maintained in good faith for purposes other than obtaining insurance; or

        (c)(i) An association, trust, or the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. Before advertising, marketing, or offering long-term care coverage in this state, the association or associations, or the insurer of the association or associations, must file evidence with the commissioner that the association or associations have at the time of such filing at least one hundred persons who are members and that the association or associations have been organized and maintained in good faith for purposes other than that of obtaining insurance; have been in active existence for at least one year; and have a constitution and bylaws that provide that:

        (A) The association or associations hold regular meetings at least annually to further the purposes of the members;

        (B) Except for credit unions, the association or associations collect dues or solicit contributions from members; and

        (C) The members have voting privileges and representation on the governing board and committees of the association.

         (ii) Thirty days after filing the evidence in accordance with this section, the association or associations will be deemed to have satisfied the organizational requirements, unless the commissioner makes a finding that the association or associations do not satisfy those organizational requirements.

        (d) A group other than as described in (a), (b), or (c) of this subsection subject to a finding by the commissioner that:

        (i) The issuance of the group policy is not contrary to the best interest of the public;

        (ii) The issuance of the group policy would result in economies of acquisition or administration; and

        (iii) The benefits are reasonable in relation to the premiums charged.

        (7) "Policy" includes a document such as an insurance policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this state by an insurer, fraternal benefit society, health care service contractor, health maintenance organization, or any similar entity authorized by the insurance commissioner to transact the business of long-term care insurance.

        (8) "Qualified long-term care insurance contract" or "federally tax-qualified long-term care insurance contract" means:

        (a) An individual or group insurance contract that meets the requirements of section 7702B(b) of the internal revenue code of 1986, as amended; or

         (b) The portion of a life insurance contract that provides long-term care insurance coverage by rider or as part of the contract and that satisfies the requirements of sections 7702B(b) and (e) of the internal revenue code of 1986, as amended.


        NEW SECTION. Sec. 4. A group long-term care insurance policy may not be offered to a resident of this state under a group policy issued in another state to a group described in section 3(6)(d) of this act, unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that such requirements have been met.


        NEW SECTION. Sec. 5. (1) A long-term care insurance policy or certificate may not define "preexisting condition" more restrictively than as a condition for which medical advice or treatment was recommended by or received from a provider of health care services, within six months preceding the effective date of coverage of an insured person, unless the policy or certificate applies to group long-term care insurance under section 3(6) (a), (b), or (c) of this act.

        (2) A long-term care insurance policy or certificate may not exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six months following the effective date of coverage of an insured person, unless the policy or certificate applies to a group as defined in section 3(6)(a) of this act.

        (3) The commissioner may extend the limitation periods for specific age group categories in specific policy forms upon finding that the extension is in the best interest of the public.

        (4) An issuer may use an application form designed to elicit the complete health history of an applicant and underwrite in accordance with that issuer's established underwriting standards, based on the answers on that application. Unless otherwise provided in the policy or certificate and regardless of whether it is disclosed on the application, a preexisting condition need not be covered until the waiting period expires.

        (5) A long-term care insurance policy or certificate may not exclude or use waivers or riders to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period.


        NEW SECTION. Sec. 6. No long-term care insurance policy may:

        (1) Be canceled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder;

        (2) Contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder;

         (3) Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care;

        (4) Condition eligibility for any benefits on a prior hospitalization requirement;

        (5) Condition eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care;

        (6) Condition eligibility for any benefits other than waiver of premium, postconfinement, postacute care, or recuperative benefits on a prior institutionalization requirement;

        (7) Include a postconfinement, postacute care, or recuperative benefit unless:

        (a) Such requirement is clearly labeled in a separate paragraph of the policy or certificate entitled "Limitations or Conditions on Eligibility for Benefits;" and

        (b) Such limitations or conditions specify any required number of days of preconfinement or postconfinement;

        (8) Condition eligibility for noninstitutional benefits on the prior receipt of institutional care;

        (9) A long-term care insurance policy or certificate may be field-issued if the compensation to the field issuer is not based on the number of policies or certificates issued. For purposes of this section, "field-issued" means a policy or certificate issued by a producer or a third-party administrator of the policy pursuant to the underwriting authority by an issuer and using the issuer's underwriting guidelines.


        NEW SECTION. Sec. 7. (1) Long-term care insurance applicants may return a policy or certificate for any reason within thirty days after its delivery and to have the premium refunded.

        (2) All long-term care insurance policies and certificates shall have a notice prominently printed on or attached to the first page of the policy stating that the applicant may return the policy or certificate within thirty days after its delivery and to have the premium refunded.

        (3) Refunds or denials of applications must be made within thirty days of the return or denial.

         (4) This section shall not apply to certificates issued pursuant to a policy issued to a group defined in section 3(6)(a) of this act.


        NEW SECTION. Sec. 8. (1) An outline of coverage must be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means that prominently direct the attention of the recipient to the document and its purpose.

        (a) The commissioner must prescribe a standard format, including style, arrangement, overall appearance, and the content of an outline of coverage.

        (b) When an insurance producer makes a solicitation in person, he or she must deliver an outline of coverage before presenting an application or enrollment form.

        (c) In a direct response solicitation, the outline of coverage must be presented with an application or enrollment form.

        (d) If a policy is issued to a group as defined in section 3(6)(a) of this act, an outline of coverage is not required to be delivered, if the information that the commissioner requires to be included in the outline of coverage is in other materials relating to enrollment. Upon request, any such materials must be made available to the commissioner.

        (2) If an issuer approves an application for a long-term care insurance contract or certificate, the issuer must deliver the contract or certificate of insurance to the applicant within thirty days after the date of approval. A policy summary must be delivered with an individual life insurance policy that provides long-term care benefits within the policy or by rider. In a direct response solicitation, the issuer must deliver the policy summary, upon request, before delivery of the policy, if the applicant requests a summary.

        (a) The policy summary shall include:

        (i) An explanation of how the long-term care benefit interacts with other components of the policy, including deductions from any applicable death benefits;

        (ii) An illustration of the amount of benefits, the length of benefits, and the guaranteed lifetime benefits if any, for each covered person;

        (iii) Any exclusions, reductions, and limitations on benefits of long-term care;

         (iv) A statement that any long-term care inflation protection option required by section 12 of this act is not available under this policy; and

        (v) If applicable to the policy type, the summary must also include:


        (A) A disclosure of the effects of exercising other rights under the policy;

        (B) A disclosure of guarantees related to long-term care costs of insurance charges; and

        (C) Current and projected maximum lifetime benefits.

        (b) The provisions of the policy summary may be incorporated into a basic illustration required under chapter 48.23A RCW, or into the policy summary which is required under rules adopted by the commissioner.


        NEW SECTION. Sec. 9. If a long-term care benefit funded through a life insurance policy by the acceleration of the death benefit is in benefit payment status, a monthly report must be provided to the policyholder. The report must include:

        (1) A record of all long-term care benefits paid out during the month;

        (2) An explanation of any changes in the policy resulting from paying the long-term care benefits, such as a change in the death benefit or cash values; and

        (3) The amount of long-term care benefits that remain to be paid.


        NEW SECTION. Sec. 10. All long-term care denials must be made within sixty days after receipt of a written request made by a policyholder or certificate holder, or his or her representative. All denials of long-term care claims by the issuer must provide a written explanation of the reasons for the denial and make available to the policyholder or certificate holder all information directly related to the denial.


        NEW SECTION. Sec. 11. (1) An issuer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim if:

         (a) A policy or certificate has been in force for less than six months and upon a showing of misrepresentation that is material to the acceptance for coverage; or

        (b) A policy or certificate that has been in force for at least six months but less than two years, upon a showing of misrepresentation that is both material to the acceptance for coverage and that pertains to the condition for which benefits are sought.

        (2) After a policy or certificate has been in force for two years it is not contestable upon the grounds of misrepresentation alone. Such a policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.

        (3) An issuer's payments for benefits under a long-term care insurance policy or certificate may not be recovered by the issuer if the policy or certificate is rescinded.

        (4) This section does not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care that are governed by RCW 48.23.050 the state's life insurance incontestability clause. In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.


        NEW SECTION. Sec. 12. (1) The commissioner must establish minimum standards for inflation protection features.

        (2) An issuer must comply with the rules adopted by the commissioner that establish minimum standards for inflation protection features.


        NEW SECTION. Sec. 13. (1) Except as provided by this section, a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate that includes a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. If a policyholder or certificate holder declines the nonforfeiture benefit, the issuer must provide a contingent benefit upon lapse that is available for a specified period of time following a substantial increase in premium rates.

         (2) If a group long-term care insurance policy is issued, the offer required in subsection (1) of this section must be made to the group policyholder. However, if the policy is issued as group long-term care insurance as defined in section 3(6)(d) of this act other than to a continuing care retirement community or other similar entity, the offering shall be made to each proposed certificate holder.

        (3) The commissioner must adopt rules specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse.


        NEW SECTION. Sec. 14. A person may not sell, solicit, or negotiate long-term care insurance unless he or she is appropriately licensed as an insurance producer and has successfully completed long-term care coverage education that meets the requirements of this section.

        (1) All long-term care education required by this chapter must meet the requirements of chapter 48.17 RCW and rules adopted by the commissioner.

        (2)(a)(i) After January 1, 2009, prior to soliciting, selling, or negotiating long-term care insurance coverage, an insurance producer must successfully complete a one-time education course consisting of no fewer than eight hours on long-term care coverage, long-term care services, state and federal regulations and requirements for long-term care and qualified long-term care insurance coverage, changes or improvements in long-term care services or providers, alternatives to the purchase of long-term care insurance coverage, the effect of inflation on benefits and the importance of inflation protection, and consumer suitability standards and guidelines.

        (ii) In order to continue soliciting, selling, or negotiating long-term care coverage in this state, all insurance producers selling, soliciting, or negotiating long-term care insurance coverage prior to the effective date of this act must successfully complete the eight-hour, one-time long-term care education and training course no later than July 1, 2009.

         (b) In addition to the one-time education and training requirement set forth in (a) of this subsection, insurance producers who engage in the solicitation, sale, or negotiation of long-term care insurance coverage must successfully complete no fewer than four hours every twenty-four months of continuing education specific to long-term care insurance coverage and issues. Long-term care insurance coverage continuing education shall consist of topics related to long-term care insurance, long-term care services, and, if applicable, qualified state long-term care insurance partnership programs, including, but not limited to, the following:

        (i) State and federal regulations and requirements and the relationship between qualified state long-term care insurance partnership programs and other public and private coverage of long-term care services, including medicaid;

        (ii) Available long-term care services and providers;


        (iii) Changes or improvements in long-term care services or providers;

        (iv) Alternatives to the purchase of private long-term care insurance;

        (v) The effect of inflation on benefits and the importance of inflation protection;

        (vi) This chapter and chapters 48.84 and 48.85 RCW; and

        (vii) Consumer suitability standards and guidelines.

        (3) The insurance producer education required by this section shall not include training that is issuer or company product-specific or that includes any sales or marketing information, materials, or training, other than those required by state or federal law.

        (4) Issuers shall obtain verification that an insurance producer receives training required by this section before that producer is permitted to sell, solicit, or otherwise negotiate the issuer's long-term care insurance products.

        (5) Issuers shall maintain records subject to the state's record retention requirements and shall make evidence of that verification available to the commissioner upon request.

        (6)(a) Issuers shall maintain records with respect to the training of its producers concerning the distribution of its long-term care partnership policies that will allow the commissioner to provide assurance to the state department of social and health services, medicaid division, that insurance producers engaged in the sale of long-term care insurance contracts have received the training required by this section and any rules adopted by the commissioner, and that producers have demonstrated an understanding of the partnership policies and their relationship to public and private coverage of long-term care, including medicaid, in this state.

        (b) These records shall be maintained in accordance with the state's record retention requirements and shall be made available to the commissioner upon request.

        (7) The satisfaction of these training requirements for any state shall be deemed to satisfy the training requirements of this state.


        NEW SECTION. Sec. 15. Issuers and their agents, if any, must determine whether issuing long-term care insurance coverage to a particular person is appropriate, except in the case of a life insurance policy that accelerates benefits for long-term care.

        (1) An issuer must:

        (a) Develop and use suitability standards to determine whether the purchase or replacement of long-term care coverage is appropriate for the needs of the applicant or insured;

        (b) Train its agents in the use of the issuer's suitability standards; and

        (c) Maintain a copy of its suitability standards and make the standards available for inspection, upon request.

        (2) The following must be considered when determining whether the applicant meets the issuer's suitability standards:

        (a) The ability of the applicant to pay for the proposed coverage and any other relevant financial information related to the purchase of or payment for coverage;

        (b) The applicant's goals and needs with respect to long-term care and the advantages and disadvantages of long-term care coverage to meet those goals or needs; and

        (c) The values, benefits, and costs of the applicant's existing health or long-term care coverage, if any, when compared to the values, benefits, and costs of the recommended purchase or replacement.

        (3) The sale or transfer of any suitability information provided to the issuer or agent by the applicant to any other person or business entity is prohibited.

         (4)(a) The commissioner shall adopt, by rule, forms of consumer-friendly personal worksheets that issuers and their agents must use for applications for long-term care coverage.

        (b) The commissioner may require each issuer to file its current forms of suitability standards and personal worksheets with the commissioner.


        NEW SECTION. Sec. 16. A person engaged in the issuance or solicitation of long-term care coverage shall not engage in unfair methods of competition or unfair or deceptive acts or practices, as such methods, acts, or practices are defined in chapter 48.30 RCW, or as defined by the commissioner.


        NEW SECTION. Sec. 17. An issuer or an insurance producer who violates a law or rule relating to the regulation of long-term care insurance or its marketing shall be subject to a fine of up to three times the amount of the commission paid for each policy involved in the violation or up to ten thousand dollars, whichever is greater.


        NEW SECTION. Sec. 18. (1) The commissioner must adopt rules that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, continuation or conversion, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definitions of terms. The commissioner must adopt rules establishing loss ratio standards for long-term care insurance policies. The commissioner must adopt rules to promote premium adequacy and to protect policyholders in the event of proposed substantial rate increases, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties, and reporting practices for long-term care insurance.

        (2) The commissioner shall adopt rules establishing standards protecting patient privacy rights, rights to receive confidential health care services, and standards for an issuer's timely review of a claim denial upon request of a covered person.

        (3) The commissioner may adopt reasonable rules to effectuate any provision of this chapter in accordance with the requirements of chapter 34.05 RCW.


        Sec. 19. RCW 48.84.010 and 1986 c 170 s 1 are each amended to read as follows:

        This chapter may be known and cited as the "long-term care insurance act" and is intended to govern the content and sale of long-term care insurance and long-term care benefit contracts issued before January 1, 2009, as defined in this chapter. This chapter shall be liberally construed to promote the public interest in protecting purchasers of long-term care insurance from unfair or deceptive sales, marketing, and advertising practices. The provisions of this chapter shall apply in addition to other requirements of Title 48 RCW.


        Sec. 20. RCW 48.43.005 and 2007 c 296 s 1 and 2007 c 259 s 32 are each reenacted and amended to read as follows:

        Unless otherwise specifically provided, the definitions in this section apply throughout this chapter.

        (1) "Adjusted community rate" means the rating method used to establish the premium for health plans adjusted to reflect actuarially demonstrated differences in utilization or cost attributable to geographic region, age, family size, and use of wellness activities.

        (2) "Basic health plan" means the plan described under chapter 70.47 RCW, as revised from time to time.

        (3) "Basic health plan model plan" means a health plan as required in RCW 70.47.060(2)(e).

        (4) "Basic health plan services" means that schedule of covered health services, including the description of how those benefits are to be administered, that are required to be delivered to an enrollee under the basic health plan, as revised from time to time.

        (5) "Catastrophic health plan" means:

        (a) In the case of a contract, agreement, or policy covering a single enrollee, a health benefit plan requiring a calendar year deductible of, at a minimum, one thousand seven hundred fifty dollars and an annual out-of-pocket expense required to be paid under the plan (other than for premiums) for covered benefits of at least three thousand five hundred dollars, both amounts to be adjusted annually by the insurance commissioner; and

        (b) In the case of a contract, agreement, or policy covering more than one enrollee, a health benefit plan requiring a calendar year deductible of, at a minimum, three thousand five hundred dollars and an annual out-of-pocket expense required to be paid under the plan (other than for premiums) for covered benefits of at least six thousand dollars, both amounts to be adjusted annually by the insurance commissioner; or

        (c) Any health benefit plan that provides benefits for hospital inpatient and outpatient services, professional and prescription drugs provided in conjunction with such hospital inpatient and outpatient services, and excludes or substantially limits outpatient physician services and those services usually provided in an office setting.

        In July 2008, and in each July thereafter, the insurance commissioner shall adjust the minimum deductible and out-of-pocket expense required for a plan to qualify as a catastrophic plan to reflect the percentage change in the consumer price index for medical care for a preceding twelve months, as determined by the United States department of labor. The adjusted amount shall apply on the following January 1st.

        (6) "Certification" means a determination by a review organization that an admission, extension of stay, or other health care service or procedure has been reviewed and, based on the information provided, meets the clinical requirements for medical necessity, appropriateness, level of care, or effectiveness under the auspices of the applicable health benefit plan.

        (7) "Concurrent review" means utilization review conducted during a patient's hospital stay or course of treatment.

        (8) "Covered person" or "enrollee" means a person covered by a health plan including an enrollee, subscriber, policyholder, beneficiary of a group plan, or individual covered by any other health plan.

        (9) "Dependent" means, at a minimum, the enrollee's legal spouse and unmarried dependent children who qualify for coverage under the enrollee's health benefit plan.

         (10) "Eligible employee" means an employee who works on a full-time basis with a normal work week of thirty or more hours. The term includes a self-employed individual, including a sole proprietor, a partner of a partnership, and may include an independent contractor, if the self-employed individual, sole proprietor, partner, or independent contractor is included as an employee under a health benefit plan of a small employer, but does not work less than thirty hours per week and derives at least seventy-five percent of his or her income from a trade or business through which he or she has attempted to earn taxable income and for which he or she has filed the appropriate internal revenue service form. Persons covered under a health benefit plan pursuant to the consolidated omnibus budget reconciliation act of 1986 shall not be considered eligible employees for purposes of minimum participation requirements of chapter 265, Laws of 1995.

        (11) "Emergency medical condition" means the emergent and acute onset of a symptom or symptoms, including severe pain, that would lead a prudent layperson acting reasonably to believe that a health condition exists that requires immediate medical attention, if failure to provide medical attention would result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or would place the person's health in serious jeopardy.

        (12) "Emergency services" means otherwise covered health care services medically necessary to evaluate and treat an emergency medical condition, provided in a hospital emergency department.

        (13) "Enrollee point-of-service cost-sharing" means amounts paid to health carriers directly providing services, health care providers, or health care facilities by enrollees and may include copayments, coinsurance, or deductibles.

        (14) "Grievance" means a written complaint submitted by or on behalf of a covered person regarding: (a) Denial of payment for medical services or nonprovision of medical services included in the covered person's health benefit plan, or (b) service delivery issues other than denial of payment for medical services or nonprovision of medical services, including dissatisfaction with medical care, waiting time for medical services, provider or staff attitude or demeanor, or dissatisfaction with service provided by the health carrier.

        (15) "Health care facility" or "facility" means hospices licensed under chapter 70.127 RCW, hospitals licensed under chapter 70.41 RCW, rural health care facilities as defined in RCW 70.175.020, psychiatric hospitals licensed under chapter 71.12 RCW, nursing homes licensed under chapter 18.51 RCW, community mental health centers licensed under chapter 71.05 or 71.24 RCW, kidney disease treatment centers licensed under chapter 70.41 RCW, ambulatory diagnostic, treatment, or surgical facilities licensed under chapter 70.41 RCW, drug and alcohol treatment facilities licensed under chapter 70.96A RCW, and home health agencies licensed under chapter 70.127 RCW, and includes such facilities if owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations.

        (16) "Health care provider" or "provider" means:

        (a) A person regulated under Title 18 or chapter 70.127 RCW, to practice health or health-related services or otherwise practicing health care services in this state consistent with state law; or

        (b) An employee or agent of a person described in (a) of this subsection, acting in the course and scope of his or her employment.

        (17) "Health care service" means that service offered or provided by health care facilities and health care providers relating to the prevention, cure, or treatment of illness, injury, or disease.

        (18) "Health carrier" or "carrier" means a disability insurer regulated under chapter 48.20 or 48.21 RCW, a health care service contractor as defined in RCW 48.44.010, or a health maintenance organization as defined in RCW 48.46.020.

        (19) "Health plan" or "health benefit plan" means any policy, contract, or agreement offered by a health carrier to provide, arrange, reimburse, or pay for health care services except the following:

        (a) Long-term care insurance governed by chapter 48.84 ((RCW)) or 48.-- RCW (sections 1 through 18 of this act);

        (b) Medicare supplemental health insurance governed by chapter 48.66 RCW;


        (c) Coverage supplemental to the coverage provided under chapter 55, Title 10, United States Code;

        (d) Limited health care services offered by limited health care service contractors in accordance with RCW 48.44.035;

        (e) Disability income;

        (f) Coverage incidental to a property/casualty liability insurance policy such as automobile personal injury protection coverage and homeowner guest medical;

        (g) Workers' compensation coverage;

        (h) Accident only coverage;

        (i) Specified disease or illness-triggered fixed payment insurance, hospital confinement fixed payment insurance, or other fixed payment insurance offered as an independent, noncoordinated benefit;

        (j) Employer-sponsored self-funded health plans;

        (k) Dental only and vision only coverage; and

        (l) Plans deemed by the insurance commissioner to have a short-term limited purpose or duration, or to be a student-only plan that is guaranteed renewable while the covered person is enrolled as a regular full-time undergraduate or graduate student at an accredited higher education institution, after a written request for such classification by the carrier and subsequent written approval by the insurance commissioner.

        (20) "Material modification" means a change in the actuarial value of the health plan as modified of more than five percent but less than fifteen percent.

        (21) "Preexisting condition" means any medical condition, illness, or injury that existed any time prior to the effective date of coverage.

        (22) "Premium" means all sums charged, received, or deposited by a health carrier as consideration for a health plan or the continuance of a health plan. Any assessment or any "membership," "policy," "contract," "service," or similar fee or charge made by a health carrier in consideration for a health plan is deemed part of the premium. "Premium" shall not include amounts paid as enrollee point-of-service cost-sharing.

        (23) "Review organization" means a disability insurer regulated under chapter 48.20 or 48.21 RCW, health care service contractor as defined in RCW 48.44.010, or health maintenance organization as defined in RCW 48.46.020, and entities affiliated with, under contract with, or acting on behalf of a health carrier to perform a utilization review.

        (24) "Small employer" or "small group" means any person, firm, corporation, partnership, association, political subdivision, sole proprietor, or self-employed individual that is actively engaged in business that, on at least fifty percent of its working days during the preceding calendar quarter, employed at least two but no more than fifty eligible employees, with a normal work week of thirty or more hours, the majority of whom were employed within this state, and is not formed primarily for purposes of buying health insurance and in which a bona fide employer-employee relationship exists. In determining the number of eligible employees, companies that are affiliated companies, or that are eligible to file a combined tax return for purposes of taxation by this state, shall be considered an employer. Subsequent to the issuance of a health plan to a small employer and for the purpose of determining eligibility, the size of a small employer shall be determined annually. Except as otherwise specifically provided, a small employer shall continue to be considered a small employer until the plan anniversary following the date the small employer no longer meets the requirements of this definition. A self-employed individual or sole proprietor must derive at least seventy-five percent of his or her income from a trade or business through which the individual or sole proprietor has attempted to earn taxable income and for which he or she has filed the appropriate internal revenue service form 1040, schedule C or F, for the previous taxable year except for a self-employed individual or sole proprietor in an agricultural trade or business, who must derive at least fifty-one percent of his or her income from the trade or business through which the individual or sole proprietor has attempted to earn taxable income and for which he or she has filed the appropriate internal revenue service form 1040, for the previous taxable year. A self-employed individual or sole proprietor who is covered as a group of one on the day prior to June 10, 2004, shall also be considered a "small employer" to the extent that individual or group of one is entitled to have his or her coverage renewed as provided in RCW 48.43.035(6).

        (25) "Utilization review" means the prospective, concurrent, or retrospective assessment of the necessity and appropriateness of the allocation of health care resources and services of a provider or facility, given or proposed to be given to an enrollee or group of enrollees.

        (26) "Wellness activity" means an explicit program of an activity consistent with department of health guidelines, such as, smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education for the purpose of improving enrollee health status and reducing health service costs.


        Sec. 21. RCW 48.85.010 and 1995 1st sp.s. c 18 s 76 are each amended to read as follows:

        The department of social and health services shall, in conjunction with the office of the insurance commissioner, coordinate a long-term care insurance program entitled the Washington long-term care partnership, whereby private insurance and medicaid funds shall be used to finance long-term care. For individuals purchasing a long-term care insurance policy or contract governed by chapter 48.84 ((RCW)) or 48.--RCW (sections 1 through 18 of this act) and meeting the criteria prescribed in this chapter, and any other terms as specified by the office of the insurance commissioner and the department of social and health services, this program shall allow for the exclusion of some or all of the individual's assets in determination of medicaid eligibility as approved by the federal health care financing administration.


        NEW SECTION. Sec. 22. Sections 1 through 18 of this act constitute a new chapter in Title 48 RCW.


        NEW SECTION. Sec. 23. 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.


        NEW SECTION. Sec. 24. This act takes effect January 1, 2009."


        Correct the title.

 

Signed by Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Condotta; DeBolt; Green; Moeller; Pedersen; Schual-Berke and Seaquist.



       Passed to Committee on Rules for second reading.


February 26, 2008

ESSB 6380   Prime Sponsor, Senate Committee on Early Learning & K-12 Education: Enhancing school library programs. Reported by Committee on Education

 

Majority recommendation: Do pass as amended.


        On page 2, line 20, after "year," insert "unless a different amount is specified in the omnibus appropriations act,"


        On page 2, line 23, after "services." insert "School districts shall receive the allocation for the purposes of this section in the amount specified in the omnibus appropriations act."

 

Signed by Representatives Quall, Chair; Barlow, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh; Liias; Roach; Santos and Sullivan.


       Referred to Committee on Appropriations.


February 27, 2008

SSB 6395     Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Protecting orca whales from the impacts from vessels. Reported by Committee on Agriculture & Natural Resources

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that the resident population of orca whales in Washington waters (Orcinus orca), commonly referred to as the southern residents, are enormously significant to the state. These highly social, intelligent, and playful marine mammals, which the legislature designated as the official marine mammal of the state of Washington, serve as a symbol of the Pacific Northwest and illustrate the biological diversity and rich natural heritage that all Washington citizens and its visitors enjoy.

        However, the legislature also finds that the southern resident orcas are currently in a serious decline. Southern residents experienced an almost twenty percent decline between 1996 and 2001. The federal government listed this orca population as depleted in 2003, and as an endangered species in 2005. The federal government has identified impacts from vessels as a potential threat to these marine mammals.

        In 2006, after listing the southern resident orcas as endangered, the federal government designated critical orca habitat and released a proposed recovery plan for the southern resident orcas. The federal government has initiated the process to adopt orca conservation rules, but this process may be lengthy. Additionally, although existing whale and wildlife viewing guidelines are an excellent educational resource, these guidelines are voluntary measures that cannot be enforced.

        Therefore, the legislature intends to protect southern resident orca whales from impacts from vessels, and to educate the public on how to reduce the risk of disturbing these important marine mammals.


        NEW SECTION. Sec. 2. A new section is added to chapter 77.15 RCW to read as follows:

        (1) Except as provided in subsection (2) of this section, it is unlawful to:

        (a) Approach, by any means, within three hundred feet of a southern resident orca whale (Orcinus orca);

        (b) Cause a vessel or other object to approach within three hundred feet of a southern resident orca whale;

        (c) Intercept a southern resident orca whale. A person intercepts a southern resident orca whale when that person places a vessel or allows a vessel to remain in the path of a whale and the whale approaches within three hundred feet of that vessel;

        (d) Fail to disengage the transmission of a vessel that is within three hundred feet of a southern resident orca whale, for which the vessel operator is strictly liable; or

        (e) Feed a southern resident orca whale, for which any person feeding a southern resident orca whale is strictly liable.

        (2) A person is exempt from subsection (1) of this section where:

        (a) A reasonably prudent person in that person's position would determine that compliance with the requirements of subsection (1) of this section will threaten the safety of the vessel, the vessel's crew or passengers, or is not feasible due to vessel design limitations, or because the vessel is restricted in its ability to maneuver due to wind, current, tide, or weather;

        (b) That person is lawfully participating in a commercial fishery and is engaged in actively setting, retrieving, or closely tending commercial fishing gear;

        (c) That person is acting in the course of official duty for a state, federal, tribal, or local government agency; or

        (d) That person is acting pursuant to and consistent with authorization from a state or federal government agency.

        (3) It is an affirmative defense to a violation of subsection (1)(a), (b), and (c) of this section if the defendant can prove by a preponderance of the evidence that he or she did not knowingly approach or cause a vessel to approach within three hundred feet of a southern resident orca whale.

        (4) For the purpose of this section, "vessel" means every description of watercraft on the water, including a seaplane, capable of being used as a means of transportation on the water.

         (5) A violation of this section is a natural resource infraction punishable under chapter 7.84 RCW.


        NEW SECTION. Sec. 3. The legislature encourages the state's law enforcement agencies to utilize existing statutes and regulations to protect southern resident orca whales from impacts from vessels, including the vessel operation and enforcement standards contained in chapter 79A.60 RCW.


        NEW SECTION. Sec. 4. A new section is added to chapter 77.12 RCW to read as follows:

        The department and the state parks and recreation commission shall disseminate information about section 2 of this act, whale and wildlife viewing guidelines, and other responsible wildlife viewing messages to educate Washington's citizens on how to reduce the risk of disturbing southern resident orca whales. The department and the state parks and recreation commission must, at minimum, disseminate this information on their internet sites and through appropriate agency publications, brochures, and other information sources. The department and the state parks and recreation commission shall also attempt to reach the state's boating community by coordinating with appropriate state and nongovernmental entities to provide this information at marinas, boat shows, boat dealers, during boating safety training courses, and in conjunction with vessel registration or licensing."


        Correct the title.

 

Signed by Representatives Blake, Chair; Van De Wege, Vice Chair; Eickmeyer; Grant; Lantz; Loomis; McCoy and Nelson.

 

Minority recommendation: Do not pass. Signed by Representatives Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Newhouse and Orcutt.


       Referred to Committee on Appropriations General Government & Audit Review.


February 25, 2008

SSB 6404     Prime Sponsor, Senate Committee on Human Services & Corrections: Modifying the process for designating regional support networks. Reported by Committee on Health Care & Wellness

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. A new section is added to chapter 71.24 RCW to read as follows:

        In the event that an existing regional support network will no longer be contracting to provide services, it is the intent of the legislature to provide flexibility to the department to facilitate a stable transition which avoids disruption of services to consumers and families, maximizes efficiency and public safety, and maintains the integrity of the public mental health system. By granting this authority and flexibility, the legislature finds that the department will be able to maximize purchasing power within allocated resources and attract high quality organizations with optimal infrastructure to perform regional support network functions through competitive procurement processes. The legislature intends for the department of social and health services to partner with political subdivisions and other entities to provide quality, coordinated, and integrated services to address the needs of individuals with behavioral health needs.


        Sec. 2. RCW 71.24.025 and 2007 c 414 s 1 are each amended to read as follows:

        Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

        (1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:

        (a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;

        (b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or

        (c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.

        (2) "Available resources" means funds appropriated for the purpose of providing community mental health programs, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals.

        (3) "Child" means a person under the age of eighteen years.

        (4) "Chronically mentally ill adult" or "adult who is chronically mentally ill" means an adult who has a mental disorder and meets at least one of the following criteria:

        (a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or

        (b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or

        (c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.

        (5) "Clubhouse" means a community-based program that provides rehabilitation services and is certified by the department of social and health services.

        (6) "Community mental health program" means all mental health services, activities, or programs using available resources.

        (7) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from public sources.

        (8) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for persons who are mentally ill being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for children who are acutely mentally ill or severely emotionally disturbed discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, recovery services, and other services determined by regional support networks.

        (9) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.

        (10) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.

        (11) "Department" means the department of social and health services.

        (12) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.

        (13) "Emerging best practice" or "promising practice" means a practice that presents, based on preliminary information, potential for becoming a research-based or consensus-based practice.

        (14) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.

        (15) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW or an entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department, that meets state minimum standards or persons licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.

        (16) "Long-term inpatient care" means inpatient services for persons committed for, or voluntarily receiving intensive treatment for, periods of ninety days or greater under chapter 71.05 RCW. "Long-term inpatient care" as used in this chapter does not include: (a) Services for individuals committed under chapter 71.05 RCW who are receiving services pursuant to a conditional release or a court-ordered less restrictive alternative to detention; or (b) services for individuals voluntarily receiving less restrictive alternative treatment on the grounds of the state hospital.

        (17) "Mental health services" means all services provided by regional support networks and other services provided by the state for persons who are mentally ill.

        (18) "Mentally ill persons," "persons who are mentally ill," and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (27), and (28) of this section.

        (19) "Recovery" means the process in which people are able to live, work, learn, and participate fully in their communities.

        (20) "Regional support network" means a county authority or group of county authorities or other ((nonprofit)) entity recognized by the secretary in contract in a defined region.

        (21) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.

        (22) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.

        (23) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for persons who are acutely mentally ill, adults who are chronically mentally ill, children who are severely emotionally disturbed, or adults who are seriously disturbed and determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service persons who are mentally ill in nursing homes, boarding homes, and adult family homes, and may include outpatient services provided as an element in a package of services in a supported housing model. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.

        (24) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.

        (25) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Adults and children who are acutely mentally ill; (b) adults who are chronically mentally ill; (c) children who are severely emotionally disturbed; or (d) adults who are seriously disturbed and determined solely by a regional support network to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding enrollment of adults and children who are mentally ill in services and their individual service plan to designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.

        (26) "Secretary" means the secretary of social and health services.

        (27) "Seriously disturbed person" means a person who:

        (a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;

        (b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;

        (c) Has a mental disorder which causes major impairment in several areas of daily living;

        (d) Exhibits suicidal preoccupation or attempts; or

        (e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.

        (28) "Severely emotionally disturbed child" or "child who is severely emotionally disturbed" means a child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:

        (a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;

        (b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;

        (c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;

        (d) Is at risk of escalating maladjustment due to:


        (i) Chronic family dysfunction involving a caretaker who is mentally ill or inadequate;

        (ii) Changes in custodial adult;

        (iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;

        (iv) Subject to repeated physical abuse or neglect;

        (v) Drug or alcohol abuse; or

        (vi) Homelessness.

        (29) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.

        (30) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

        (31) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.


        Sec. 3. RCW 71.24.035 and 2007 c 414 s 2, 2007 c 410 s 8, and 2007 c 375 s 12 are each reenacted and amended to read as follows:

        (1) The department is designated as the state mental health authority.

        (2) The secretary shall provide for public, client, and licensed service provider participation in developing the state mental health program, developing contracts with regional support networks, and any waiver request to the federal government under medicaid.

        (3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.

        (4) The secretary shall be designated as the regional support network if the regional support network fails to meet state minimum standards or refuses to exercise responsibilities under RCW 71.24.045, until such time as a new regional support network is designated under RCW 71.24.320.

        (5) The secretary shall:

        (a) Develop a biennial state mental health program that incorporates regional biennial needs assessments and regional mental health service plans and state services for adults and children with mental illness. The secretary shall also develop a six-year state mental health plan;

        (b) Assure that any regional or county community mental health program provides access to treatment for the region's residents, including parents who are defendants in dependency cases, in the following order of priority: (i) Persons with acute mental illness; (ii) adults with chronic mental illness and children who are severely emotionally disturbed; and (iii) persons who are seriously disturbed. Such programs shall provide:

        (A) Outpatient services;

        (B) Emergency care services for twenty-four hours per day;

        (C) Day treatment for persons with mental illness which includes training in basic living and social skills, supported work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a child, day treatment includes age-appropriate basic living and social skills, educational and prevocational services, day activities, and therapeutic treatment;

        (D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;

        (E) Employment services, which may include supported employment, transitional work, placement in competitive employment, and other work-related services, that result in persons with mental illness becoming engaged in meaningful and gainful full or part-time work. Other sources of funding such as the division of vocational rehabilitation may be utilized by the secretary to maximize federal funding and provide for integration of services;

        (F) Consultation and education services; and

        (G) Community support services;

        (c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:

        (i) Licensed service providers. These rules shall permit a county-operated mental health program to be licensed as a service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department;

        (ii) Regional support networks; and

        (iii) Inpatient services, evaluation and treatment services and facilities under chapter 71.05 RCW, resource management services, and community support services;

        (d) Assure that the special needs of persons who are minorities, elderly, disabled, children, low-income, and parents who are defendants in dependency cases are met within the priorities established in this section;

        (e) Establish a standard contract or contracts, consistent with state minimum standards ((and)), RCW 71.24.320((,)) and 71.24.330((, and 71.24.3201)), which shall be used in contracting with regional support networks. The standard contract shall include a maximum fund balance, which shall be consistent with that required by federal regulations or waiver stipulations;

        (f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of regional support networks and licensed service providers. The audit procedure shall focus on the outcomes of service and not the processes for accomplishing them;

        (g) Develop and maintain an information system to be used by the state and regional support networks that includes a tracking method which allows the department and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and in RCW 71.05.390, 71.05.420, and 71.05.440;

        (h) License service providers who meet state minimum standards;

        (i) Certify regional support networks that meet state minimum standards;


        (j) Periodically monitor the compliance of certified regional support networks and their network of licensed service providers for compliance with the contract between the department, the regional support network, and federal and state rules at reasonable times and in a reasonable manner;

        (k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;

        (l) Monitor and audit regional support networks and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter;

        (m) Adopt such rules as are necessary to implement the department's responsibilities under this chapter;

        (n) Assure the availability of an appropriate amount, as determined by the legislature in the operating budget by amounts appropriated for this specific purpose, of community-based, geographically distributed residential services;

        (o) Certify crisis stabilization units that meet state minimum standards; and

        (p) Certify clubhouses that meet state minimum standards.

        (6) The secretary shall use available resources only for regional support networks, except to the extent authorized, and in accordance with any priorities or conditions specified, in the biennial appropriations act.

        (7) Each certified regional support network and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified regional support network or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification or license revoked or suspended.

        (8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.

        (9) The superior court may restrain any regional support network or service provider from operating without certification or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.

        (10) Upon petition by the secretary, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any regional support network or service provider refusing to consent to inspection or examination by the authority.

        (11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a regional support network or service provider without certification or a license under this chapter.

        (12) The standards for certification of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.

        (13) The standards for certification of crisis stabilization units shall include standards that:

        (a) Permit location of the units at a jail facility if the unit is physically separate from the general population of the jail;

        (b) Require administration of the unit by mental health professionals who direct the stabilization and rehabilitation efforts; and

        (c) Provide an environment affording security appropriate with the alleged criminal behavior and necessary to protect the public safety.

        (14) The standards for certification of a clubhouse shall at a minimum include:

        (a) The facilities may be peer-operated and must be recovery-focused;

        (b) Members and employees must work together;

        (c) Members must have the opportunity to participate in all the work of the clubhouse, including administration, research, intake and orientation, outreach, hiring, training and evaluation of staff, public relations, advocacy, and evaluation of clubhouse effectiveness;

        (d) Members and staff and ultimately the clubhouse director must be responsible for the operation of the clubhouse, central to this responsibility is the engagement of members and staff in all aspects of clubhouse operations;

        (e) Clubhouse programs must be comprised of structured activities including but not limited to social skills training, vocational rehabilitation, employment training and job placement, and community resource development;

        (f) Clubhouse programs must provide in-house educational programs that significantly utilize the teaching and tutoring skills of members and assist members by helping them to take advantage of adult education opportunities in the community;

        (g) Clubhouse programs must focus on strengths, talents, and abilities of its members;

        (h) The work-ordered day may not include medication clinics, day treatment, or other therapy programs within the clubhouse.

        (15) The department shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.

        (16) The secretary shall assume all duties assigned to the nonparticipating regional support networks under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those which would have been assigned to the nonparticipating counties in regions where there are not participating regional support networks.

        The regional support networks, or the secretary's assumption of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.

        (17) The secretary shall:

        (a) Disburse funds for the regional support networks within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.

        (b) Enter into biennial contracts with regional support networks. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.

        (c) Notify regional support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.

        (d) Deny all or part of the funding allocations to regional support networks based solely upon formal findings of noncompliance with the terms of the regional support network's contract with the department. Regional support networks disputing the decision of the secretary to withhold funding allocations are limited to the remedies provided in the department's contracts with the regional support networks.

        (18) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by free-standing evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate committees of the senate and the house of representatives.


        Sec. 4. RCW 71.24.300 and 2006 c 333 s 106 are each amended to read as follows:

        (1) Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.

        (2) The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served.

        (3) The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary.

        (4) If a regional support network is a private ((nonprofit)) entity, the department shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.

        (5) The roles and responsibilities of the private ((nonprofit)) entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.

        (6) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:

        (a) Administer and provide for the availability of all resource management services, residential services, and community support services.

        (b) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.

        (c) Provide within the boundaries of each regional support network evaluation and treatment services for at least ninety percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks may contract to purchase evaluation and treatment services from other networks if they are unable to provide for appropriate resources within their boundaries. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to:

        (i) Contracts with neighboring or contiguous regions; or

        (ii) Individuals detained or committed for periods up to seventeen days at the state hospitals at the discretion of the secretary.

        (d) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children.

        (e) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.

        (7) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the ((mentally ill)) persons with mental illness and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.

        (8) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the regional support network, and work with the regional support network to resolve significant concerns regarding service delivery and outcomes. The department shall establish statewide procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the department regarding regional support network performance. The composition of the board shall be broadly representative of the demographic character of the region and shall include, but not be limited to, representatives of consumers and families, law enforcement, and where the county is not the regional support network, county elected officials. Composition and length of terms of board members may differ between regional support networks but shall be included in each regional support network's contract and approved by the secretary.

        (9) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.

        (10) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (6) of this section.


        Sec. 5. RCW 71.24.320 and 2006 c 333 s 202 are each amended to read as follows:

        (1) ((The secretary shall initiate a procurement process for regional support networks in 2005. In the first step of the procurement process, existing regional support networks may respond to a request for qualifications developed by the department. The secretary shall issue the request for qualifications not later than October 1, 2005. The request for qualifications shall be based on cost-effectiveness, adequate residential and service capabilities, effective collaboration with criminal justice agencies and the chemical dependency treatment system, and the ability to provide the full array of services as stated in the mental health state plan, and shall meet all applicable federal and state regulations and standards. An existing regional support network shall be awarded the contract with the department if it substantially meets the requirements of the request for qualifications developed by the department.


        (2)(a))) If an existing regional support network chooses not to respond to ((the)) a request for qualifications, or is unable to substantially meet the requirements of ((the)) a request for qualifications, or notifies the department of social and health services it will no longer serve as a regional support network, the department shall utilize a procurement process in which other entities recognized by the secretary may bid to serve as the regional support network ((in that region. The procurement process shall begin with a request for proposals issued March 1, 2006)).

        (((i))) (a) The request for proposal shall include a scoring factor for proposals that include additional financial resources beyond that provided by state appropriation or allocation.

        (((ii) Regional support networks that substantially met the requirements of the request for qualifications may bid to serve as the regional support network for other regions of the state that are subject to the request for proposal process. The proposal shall be evaluated on whether the bid meets the threshold requirement for the new region and shall not subject the regional support networks' original region to the request for proposal.

        (b) Prior to final evaluation and scoring of the proposals all respondents will be provided with an opportunity for a detailed briefing by the department regarding the deficiencies in the proposal and shall be provided an opportunity to clarify information previously submitted.))

        (b) The department shall provide detailed briefings to all bidders in accordance with department and state procurement policies.

        (c) The request for proposal shall also include a scoring factor for proposals submitted by nonprofit entities that include a component to maximize the utilization of state provided resources and the leverage of other funds for the support of mental health services to persons with mental illness.

        (2) A regional support network that voluntarily terminates, refuses to renew, or refuses to sign a mandatory amendment to its contract to act as a regional support network is prohibited from responding to a procurement under this section or serving as a regional support network for five years from the date that the department signs a contract with the entity that will serve as the regional support network.


        Sec. 6. RCW 71.24.330 and 2006 c 333 s 203 are each amended to read as follows:

        (1) Contracts between a regional support network and the department shall include mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial penalties, termination of the contract, and reprocurement of the contract.

        (2) The regional support network procurement processes shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. However, a regional support network selected through the procurement process is not required to contract for services with any county-owned or operated facility. The regional support network procurement process shall provide that public funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.

        (3) In addition to the requirements of RCW 71.24.035, contracts shall:

        (a) Define administrative costs and ensure that the regional support network does not exceed an administrative cost of ten percent of available funds;

        (b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;

        (c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;

        (d) Maintain the decision-making independence of designated mental health professionals;

        (e) Except at the discretion of the secretary or as specified in the biennial budget, require regional support networks to pay the state for the costs associated with individuals who are being served on the grounds of the state hospitals and who are not receiving long-term inpatient care as defined in RCW 71.24.025; ((and))

        (f) Include a negotiated alternative dispute resolution clause; and

        (g) Include a provision requiring either party to provide the one hundred eighty days' advance notice of its intent to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to act as a regional support network.


        NEW SECTION. Sec. 7. Section 5 of this act applies retroactively to July 1, 2007."


        Correct the title.

 

Signed by Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Moeller; Pedersen and Schual-Berke.

 

Minority recommendation: Do not pass. Signed by Representatives Condotta; DeBolt; Green and Seaquist.


       Passed to Committee on Rules for second reading.


February 25, 2008

SSB 6439     Prime Sponsor, Senate Committee on Health & Long-Term Care: Concerning radiologist assistants. Reported by Committee on Health Care & Wellness

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 18.84.010 and 1991 c 222 s 1 are each amended to read as follows:

        It is the intent and purpose of this chapter to protect the public by the certification and registration of practitioners of radiological technology. By promoting high standards of professional performance, by requiring professional accountability, and by credentialing those persons who seek to provide radiological technology under the title of ((radiological)) radiologic technologists, and by regulating all persons utilizing ionizing radiation on human beings this chapter identifies those practitioners who have achieved a particular level of competency. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person certified under this chapter.

        The legislature finds and declares that this chapter conforms to the guidelines, terms, and definitions for the credentialing of health or health-related professions specified under chapter 18.120 RCW.


        Sec. 2. RCW 18.84.020 and 2000 c 93 s 42 are each amended to read as follows:

        ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Department" means the department of health.

        (2) "Secretary" means the secretary of health.

        (3) "Licensed practitioner" means any licensed health care practitioner performing services within the person's authorized scope of practice.

        (4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner, who practices radiologic technology as a:

        (a) Diagnostic radiologic technologist, who is a person who actually handles X-ray equipment in the process of applying radiation on a human being for diagnostic purposes at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; ((or))

        (b) Therapeutic radiologic technologist, who is a person who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; ((or))

        (c) Nuclear medicine technologist, who is a person who prepares radiopharmaceuticals and administers them to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner; or

        (d) Radiologist assistant, who is an advanced-level certified diagnostic radiologic technologist who assists radiologists by performing advanced diagnostic imaging procedures as determined by rule under levels of supervision defined by the secretary, this includes but is not limited to enteral and parenteral procedures when performed under the direction of the supervising radiologist, and that these procedures may include injecting diagnostic agents to sites other than intravenous, performing diagnostic aspirations and localizations, and assisting radiologists with other invasive procedures.

        (5) "Approved school of radiologic technology" means a school of radiologic technology or radiologist assistant program approved by the ((council on medical education of the American medical association)) secretary or a school found to maintain the equivalent of such a course of study as determined by the department. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals.

        (6) "Approved radiologist assistant program" means a school approved by the secretary. The secretary may recognize other organizations that establish standards for radiologist assistant programs and designate schools that meet the organization's standards as approved.

        (7) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.

        (((7))) (8) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.

        (((8))) (9) "Registered X-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner and who does not perform parenteral procedures.


        Sec. 3. RCW 18.84.030 and 1991 c 222 s 3 are each amended to read as follows:

        No person may practice radiologic technology without being registered or certified under this chapter, unless that person is a licensed practitioner as defined in RCW 18.84.020(3). A person represents himself or herself to the public as a certified ((radiological)) radiologic technologist when that person adopts or uses a title or description of services that incorporates one or more of the following items or designations:

        (1) Certified radiologic technologist or CRT, for persons so certified under this chapter;

        (2) Certified radiologic therapy technologist, CRTT, or CRT, for persons certified in the therapeutic field;

        (3) Certified radiologic diagnostic technologist, CRDT, or CRT, for persons certified in the diagnostic field; ((or))

        (4) Certified nuclear medicine technologist, CNMT, or CRT, for persons certified as nuclear medicine technologists; or

        (5) Certified radiologist assistant or CRA for persons certified as radiologist assistants.


        Sec. 4. RCW 18.84.040 and 1994 sp.s. c 9 s 506 are each amended to read as follows:

        (1) In addition to any other authority provided by law, the secretary may:

        (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

        (b) Set all registration, certification, and renewal fees in accordance with RCW 43.70.250;

        (c) Establish forms and procedures necessary to administer this chapter;

        (d) Evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a certificate;

        (e) Determine whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to receive a certificate;

        (f) Issue a certificate to any applicant who has met the education, training, examination, and conduct requirements for certification; and

        (g) Issue a registration to an applicant who meets the requirement for a registration.

        (2) The secretary may hire clerical, administrative, and investigative staff as needed to implement this chapter.

        (3) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline of registrants and certificants under this chapter. The secretary is the disciplining authority under this chapter.

        (4) The secretary may appoint ad hoc members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.


        Sec. 5. RCW 18.84.080 and 1991 c 3 s 209 are each amended to read as follows:

        (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction, that the following requirements have been met to practice as:

        (a) A diagnostic radiologic technologist, therapeutic radiologic technologist, or nuclear medicine technologist:

        (i) Graduation from an approved school or successful completion of alternate training that meets the criteria established by the secretary; ((and

        (b))) (ii) Satisfactory completion of a radiologic technologist examination approved by the secretary; and

        (iii) Good moral character; or

        (b) A radiologist assistant:

        (i) Satisfactory completion of an approved radiologist assistant program;

        (ii) Satisfactory completion of a radiologist assistant examination approved by the secretary; and

        (iii) Good moral character.

        (2) Applicants shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW.

        (3) The secretary shall establish by rule what constitutes adequate proof of meeting the requirements for certification and for designation of certification in a particular field of radiologic technology.


        NEW SECTION. Sec. 6. A new section is added to chapter 18.84 RCW to read as follows:

        It is unprofessional conduct under chapter 18.130 RCW for any person registered or certified under this chapter to interpret images, make diagnoses, prescribe medications or therapies, or perform other procedures that may be prohibited by rule."


        Correct the title.

 

Signed by Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Condotta; DeBolt; Green; Moeller; Pedersen; Schual-Berke and Seaquist.


       Passed to Committee on Rules for second reading.


February 25, 2008

2SSB 6483   Prime Sponsor, Senate Committee on Ways & Means: Enacting the local farms-healthy kids act. Reported by Committee on Agriculture & Natural Resources

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature recognizes that the benefits of local food production include stewardship of working agricultural lands; direct and indirect jobs in agricultural production, food processing, tourism, and support industries; energy conservation and greenhouse gas reductions; and increased food security through access to locally grown foods.

        (2) The legislature finds there is a direct correlation between adequate nutrition and a child's development and school performance. Children who are hungry or malnourished are at risk of lower achievement in school.

        (3) The legislature further finds that adequate nutrition is also necessary for the physical health of adults, and that some communities have limited access to healthy fruits and vegetables and quality meat and dairy products, a lack of which may lead to high rates of diet-related diseases.

        (4) The legislature believes that expanding market opportunities for Washington farmers will preserve and strengthen local food production and increase the already significant contribution that agriculture makes to the state and local economies.

        (5) The legislature finds that the state's existing procurement requirements and practices may inhibit the purchase of locally produced food.

        (6) The legislature intends that the local farms-healthy kids act strengthen the connections between the state's agricultural industry and the state's food procurement procedures in order to expand local agricultural markets, improve the nutrition of children and other at-risk consumers, and have a positive impact on the environment.


        NEW SECTION. Sec. 2. A new section is added to chapter 15.64 RCW to read as follows:

        FARM-TO-SCHOOL PROGRAM. (1) A farm-to-school program is created within the department to facilitate increased procurement of Washington grown food by the common schools.

        (2) The department, in consultation with the department of health, the office of the superintendent of public instruction, the department of general administration, and Washington State University, shall, in order of priority:

        (a) Identify and develop policies and procedures to implement and evaluate the farm-to-school program, including coordinating with school procurement officials, buying cooperatives, and other appropriate organizations to develop uniform procurement procedures and materials, and practical recommendations to facilitate the purchase of Washington grown food by the common schools. These policies, procedures, and recommendations shall be made available to school districts to adopt at their discretion;

        (b) Assist food producers, distributors, and food brokers to market Washington grown food to schools by informing them of food procurement opportunities, bid procedures, school purchasing criteria, and other requirements;

        (c) Assist schools in connecting with local producers by informing them of the sources and availability of Washington grown food as well as the nutritional, environmental, and economic benefits of purchasing Washington grown food;

        (d) Identify and recommend mechanisms that will increase the predictability of sales for producers and the adequacy of supply for purchasers;

        (e) Identify and make available existing curricula, programs and publications that educate students on the nutritional, environmental, and economic benefits of preparing and consuming locally grown food;

        (f) Support efforts to advance other farm-to-school connections such as farmers markets on school grounds, school gardens, and farm visits; and

        (g) As resources allow, seek additional funds to leverage state expenditures.


        (3) The department in cooperation with the office of the superintendent of public instruction shall collect data on the activities conducted pursuant to this act and communicate such data biennially to the appropriate committees of the legislature beginning November 15, 2009. Data collected may include the numbers of schools and farms participating and any increases in the procurement of Washington grown food by the common schools.

        (4) As used in this section, RCW 43.19.1905, 43.19.1906, 28A.335.190, and section 3 of this act, "Washington grown" means grown and packed or processed in Washington.


        NEW SECTION. Sec. 3. A new section is added to chapter 28A.235 RCW to read as follows:

        WASHINGTON GROWN FRESH FRUIT AND VEGETABLE GRANTS. (1) The Washington grown fresh fruit and vegetable grant program is created in the office of the superintendent of public instruction. The purpose of the program is to facilitate consumption of Washington grown nutritious snacks in order to improve student health and expand the market for locally grown fresh produce.

        (2) For purposes of this section, "fresh fruit and vegetables" includes perishable produce that is unprocessed, minimally processed, frozen, dried, or otherwise prepared, stored, and handled to maintain its fresh nature while providing convenience to the user. Producing minimally processed food involves cleaning, washing, cutting, or portioning.

        (3) The program shall increase the number of school children with access to Washington grown fresh fruits and vegetables and shall be modeled after the United States department of agriculture fresh fruit and vegetable program, as described in 42 U.S.C. Sec. 1769(g). Schools receiving funds under the federal program are not eligible for grants under the Washington grown fresh fruit and vegetable grant program.

        (4)(a) To the extent that state funds are appropriated specifically for this purpose, the office of the superintendent of public instruction shall solicit applications, conduct a competitive process, and make one or two-year grants to a mix of urban and rural schools to enable eligible schools to provide free Washington grown fresh fruits and vegetables throughout the school day.

        (b) When evaluating applications and selecting grantees, the superintendent of public instruction shall consider and prioritize the following factors:

        (i) The applicant's plan for ensuring the use of Washington grown fruits and vegetables within the program;

        (ii) The applicant's plan for incorporating nutrition, agricultural stewardship education, and environmental education into the snack program;

        (iii) The applicant's plan for establishing partnerships with state, local, and private entities to further the program's objectives, such as helping the school acquire, handle, store, and distribute Washington grown fresh fruits and vegetables.

        (5)(a) The office of the superintendent of public instruction shall give funding priority to applicant schools with any of grades kindergarten through eight that: Participate in the national school lunch program and have fifty percent or more of their students eligible for free or reduced price meals under the federal national school lunch act, 42 U.S.C. Sec. 1751 et seq.

        (b) If any funds remain after all eligible priority applicant schools have been awarded grants, the office of the superintendent of public instruction may award grants to applicant schools having less than fifty percent of the students eligible for free or reduced price meals.

        (6) The office of the superintendent of public instruction may adopt rules to carry out the grant program.

        (7) With assistance from the Washington department of agriculture, the office of the superintendent of public instruction shall develop and track specific, quantifiable outcome measures of the grant program such as the number of students served by the program, the dollar value of purchases of Washington grown fruits and vegetables resulting from the program, and development of state, local, and private partnerships that extend beyond the cafeteria.

        (8) As used in this section, "Washington grown" has the definition in section 2 of this act.


        Sec. 4. RCW 43.19.1905 and 2002 c 299 s 5 and 2002 c 285 s 1 are each reenacted and amended to read as follows:

        (1) The director of general administration shall establish overall state policy for compliance by all state agencies, including educational institutions, regarding the following purchasing and material control functions:

        (((1))) (a) Development of a state commodity coding system, including common stock numbers for items maintained in stores for reissue;

        (((2))) (b) Determination where consolidations, closures, or additions of stores operated by state agencies and educational institutions should be initiated;

        (((3))) (c) Institution of standard criteria for determination of when and where an item in the state supply system should be stocked;

        (((4))) (d) Establishment of stock levels to be maintained in state stores, and formulation of standards for replenishment of stock;

        (((5))) (e) Formulation of an overall distribution and redistribution system for stock items which establishes sources of supply support for all agencies, including interagency supply support;

        (((6))) (f) Determination of what function data processing equipment, including remote terminals, shall perform in statewide purchasing and material control for improvement of service and promotion of economy;

        (((7))) (g) Standardization of records and forms used statewide for supply system activities involving purchasing, receiving, inspecting, storing, requisitioning, and issuing functions, including a standard notification form for state agencies to report cost-effective direct purchases, which shall at least identify the price of the goods as available through the division of purchasing, the price of the goods as available from the alternative source, the total savings, and the signature of the notifying agency's director or the director's designee;

        (((8))) (h) Screening of supplies, material, and equipment excess to the requirements of one agency for overall state need before sale as surplus;

        (((9))) (i) Establishment of warehouse operation and storage standards to achieve uniform, effective, and economical stores operations;

        (((10))) (j) Establishment of time limit standards for the issuing of material in store and for processing requisitions requiring purchase;

        (((11))) (k) Formulation of criteria for determining when centralized rather than decentralized purchasing shall be used to obtain maximum benefit of volume buying of identical or similar items, including procurement from federal supply sources;

        (((12))) (l) Development of criteria for use of leased, rather than state owned, warehouse space based on relative cost and accessibility;

        (((13))) (m) Institution of standard criteria for purchase and placement of state furnished materials, carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or renovated state buildings;

        (((14))) (n) Determination of how transportation costs incurred by the state for materials, supplies, services, and equipment can be reduced by improved freight and traffic coordination and control;

        (((15))) (o) Establishment of a formal certification program for state employees who are authorized to perform purchasing functions as agents for the state under the provisions of chapter 43.19 RCW;

        (((16))) (p) Development of performance measures for the reduction of total overall expense for material, supplies, equipment, and services used each biennium by the state;

        (((17))) (q) Establishment of a standard system for all state organizations to record and report dollar savings and cost avoidance which are attributable to the establishment and implementation of improved purchasing and material control procedures;

        (((18))) (r) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of purchasing and material control services;

        (((19))) (s) Resolution of all other purchasing and material matters which require the establishment of overall statewide policy for effective and economical supply management;

        (((20))) (t) Development of guidelines and criteria for the purchase of vehicles, high gas mileage vehicles, alternate vehicle fuels and systems, equipment, and materials that reduce overall energy-related costs and energy use by the state, including investigations into all opportunities to aggregate the purchasing of clean technologies by state and local governments, and including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passenger automobile fuel economy established by the United States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002);

        (((21))) (u) Development of goals for state use of recycled or environmentally preferable products through specifications for products and services, processes for requests for proposals and requests for qualifications, contractor selection, and contract negotiations;

        (v) Development of food procurement procedures and materials that encourage and facilitate the purchase of Washington grown food by state agencies and institutions to the maximum extent practicable and consistent with international trade agreement commitments; and

        (w) Development of policies requiring all food contracts to include a plan to maximize to the extent practicable and consistent with international trade agreement commitments the availability of Washington grown food purchased through the contract.

        (2) As used in this section, "Washington grown" has the definition in section 2 of this act.


        Sec. 5. RCW 43.19.1906 and 2006 c 363 s 1 are each amended to read as follows:

        Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed, electronic, or web-based bid procedure, subject to RCW 43.19.1911, shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed, electronic, or web-based competitive bidding is not necessary for:

        (1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;

        (2) Purchases not exceeding thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from three thousand dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from three thousand dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes. Purchases up to three thousand dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost;

        (3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;

        (4) Purchases of insurance and bonds by the risk management division under RCW 43.41.310;

        (5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;

        (6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;

        (7) Purchases for resale by institutions of higher education to other than public agencies when such purchases are for the express purpose of supporting instructional programs and may best be executed through direct negotiation with one or more suppliers in order to meet the special needs of the institution;

        (8) Purchases by institutions of higher education not exceeding thirty-five thousand dollars: PROVIDED, That for purchases between three thousand dollars and thirty-five thousand dollars quotations shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between three thousand dollars and thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from three thousand to thirty-five thousand dollars shall be documented for audit purposes; ((and))

        (9) Off-contract purchases of Washington grown food when such food is not available from Washington sources through an existing contract. However, Washington grown food purchased under this subsection must be of an equivalent or better quality than similar food available through the contract and be able to be paid from the agency's existing budget. This requirement also applies to purchases and contracts for purchases executed by state agencies, including institutions of higher education, under delegated authority granted in accordance with RCW 43.19.190 or under RCW 28B.10.029; and

        (10) Negotiation of a contract by the department of transportation, valid until June 30, 2001, with registered tow truck operators to provide roving service patrols in one or more Washington state patrol tow zones whereby those registered tow truck operators wishing to participate would cooperatively, with the department of transportation, develop a demonstration project upon terms and conditions negotiated by the parties.

        Beginning on July 1, 1995, and on July 1st of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars. However, the three thousand dollar figure in subsections (2) and (8) of this section may not be adjusted to exceed five thousand dollars.

        As used in this section, "Washington grown" has the definition in section 2 of this act.


        Sec. 6. RCW 28A.335.190 and 2005 c 346 s 2 and 2005 c 286 s 1 are each reenacted and amended to read as follows:

        (1) When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or repairs, or other work or purchases, except books, will equal or exceed the sum of fifty thousand dollars, complete plans and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location: PROVIDED, That the board without giving such notice may make improvements or repairs to the property of the district through the shop and repair department of such district when the total of such improvements or repair does not exceed the sum of forty thousand dollars. The cost of any public work, improvement or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and after being opened shall be filed for public inspection.

        (2) Every purchase of furniture, equipment or supplies, except books, the cost of which is estimated to be in excess of forty thousand dollars, shall be on a competitive basis. The board of directors shall establish a procedure for securing telephone and/or written quotations for such purchases. Whenever the estimated cost is from forty thousand dollars up to seventy-five thousand dollars, the procedure shall require quotations from at least three different sources to be obtained in writing or by telephone, and recorded for public perusal. Whenever the estimated cost is in excess of seventy-five thousand dollars, the public bidding process provided in subsection (1) of this section shall be followed.

        (3) Any school district may purchase goods produced or provided in whole or in part from class II inmate work programs operated by the department of corrections pursuant to RCW 72.09.100, including but not limited to furniture, equipment, or supplies. School districts are encouraged to set as a target to contract, beginning after June 30, 2006, to purchase up to one percent of the total goods required by the school districts each year, goods produced or provided in whole or in part from class II inmate work programs operated by the department of corrections.

        (4) Every building, improvement, repair or other public works project, the cost of which is estimated to be in excess of forty thousand dollars, shall be on a competitive bid process. Whenever the estimated cost of a public works project is one hundred thousand dollars or more, the public bidding process provided in subsection (1) of this section shall be followed unless the contract is let using the small works roster process in RCW 39.04.155 or under any other procedure authorized for school districts. One or more school districts may authorize an educational service district to establish and operate a small works roster for the school district under the provisions of RCW 39.04.155.

        (5) The contract for the work or purchase shall be awarded to the lowest responsible bidder as defined in RCW 43.19.1911 but the board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder's agent, requesting it in person.

        (6) In the event of any emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board declaring the existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this section with reference to any purchase or contract: PROVIDED, That an "emergency", for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of the school district in the absence of prompt remedial action.

        (7) This section does not apply to the direct purchase of school buses by school districts and educational services in accordance with RCW 28A.160.195.

        (8) This section does not apply to the purchase of Washington grown food.

        (9) At the discretion of the board, a school district may develop and implement policies and procedures to facilitate and maximize to the extent practicable, purchases of Washington grown food; such policies and procedures may include, but are not limited to, local preferences.

        (10) As used in this section, "Washington grown" has the definition in section 2 of this act.



        NEW SECTION. Sec. 7. A new section is added to chapter 28A.320 RCW to read as follows:

        (1) School districts may operate school gardens or farms, as appropriate, for the purpose of growing fruits and vegetables to be used for educational purposes and, where appropriate, to be offered to students through the district nutrition services meal and snack programs. All such foods used in the district's meal and snack programs shall meet appropriate safety standards.

        (2) If a school operates a school garden or farm, students representing various student organizations, including but not limited to vocational programs such as the FFA and 4-H, shall be given the opportunity to be involved in the operation of a school garden or farm.

        (3) When school gardens or farms are used to educate students about agricultural practices, students shall be afforded the opportunity to learn about both organic and conventional growing methods.


        NEW SECTION. Sec. 8. A new section is added to chapter 43.70 RCW to read as follows:

        The department shall adopt rules authorizing individual farms that have farm stores to participate in the women, infant, and children farmers market nutrition program to provide locally grown, nutritious, unprepared fruits and vegetables to eligible program participants. Such rules must meet the provisions of 7 C.F.R. part 3016, uniform administrative requirements for grants and cooperative agreements to state and local governments, as it existed on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.


        NEW SECTION. Sec. 9. FARMERS MARKET TECHNOLOGY IMPROVEMENT PILOT PROGRAM. (1) If funds are provided for this specific purpose, the Washington state farmers market technology improvement pilot program to lend technological hardware to farmers markets is created in the department of social and health services to assist farmers markets and Washington farmers develop the capability to accept electronic payment cards, including electronic benefits transfers. The purpose of this program is to increase access to fresh fruits and vegetables and quality meat and dairy for all Washington residents and to increase the number of food stamp recipients using food stamp benefits through electronic benefits transfer at farmers markets.

        (2) The department shall work with farmers markets and appropriate associations to ensure that the program serves a balance of rural and urban farmers markets.

        (3) The department shall collect data on the activities conducted pursuant to this section and communicate biennially to the appropriate committees of the legislature beginning on November 15, 2009. Data collected may include information illustrating the demand for the technology and numbers of people using the technology for electronic benefits transfer.

        (4) This section expires July 1, 2010.


        NEW SECTION. Sec. 10. FARMERS TO FOOD BANKS PILOT PROGRAM. (1) If funds are provided for this specific purpose, the farmers to food banks pilot program is created. In implementing this program, the department of community, trade, and economic development shall conduct a request for proposals to select pilot site communities statewide. Any nonprofit entity qualified under section 501(c)(3) of the internal revenue code that is in the business of delivering social services may submit a proposal. No more than five pilot communities shall be selected based on the following:

        (a) One pilot shall be designated in an urban area that has been negatively impacted by a mass transit infrastructure program, is ethnically diverse, and is located in a city with over five hundred thousand residents;

        (b) At least two pilots must be located east of the crest of the Cascades; and

        (c) At least one pilot must be in a rural county as defined in RCW 43.160.020.

        (2) Funds shall be used in pilot communities for the food bank system to contract with local farmers to provide fruits, vegetables, dairy, and meat products for distribution to low-income people at local designated food banks.

        (3) The department shall collect data on the activities conducted pursuant to this section and communicate biennially to the appropriate committees of the legislature beginning November 15, 2009. Data collected may include information illustrating the demand and numbers of people served.

        (4) This section expires July 1, 2010.


        NEW SECTION. Sec. 11. RCW 43.19.706 (Purchase of Washington agricultural products--Report to the legislature) and 2002 c 166 s 2 are each repealed.


        NEW SECTION. Sec. 12. This act may be known and cited as the local farms-healthy kids act.


        NEW SECTION. Sec. 13. Captions used in this act are not any part of the law.


        NEW SECTION. Sec. 14. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.


        NEW SECTION. Sec. 15. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."


        Correct the title.

 

Signed by Representatives Blake, Chair; Van De Wege, Vice Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Eickmeyer, Grant, Lantz, Loomis, McCoy, Nelson, Newhouse and Orcutt.


       Referred to Committee on Appropriations.


February 25, 2008

SSB 6510     Prime Sponsor, Senate Committee on Ways & Means: Providing a funding source to assist small manufacturers in obtaining innovation and modernization extension services. Reported by Committee on Community & Economic Development & Trade

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that a viable manufacturing industry is critical to providing the state economy with family-wage jobs and improving the quality of life for workers and communities. To perform in the emerging global marketplace, Washington manufacturers must master new technologies, streamline production processes, improve quality assurance, expand environmental compliance, and enhance methods of work organization. Only through innovation and modernization techniques, reflecting the specific needs and capabilities of the individual firms, can Washington manufacturers both compete successfully in the market of the future and pay good living wages.

        Most small and midsize manufacturers do not have the resources that will allow them to easily access innovation and modernization technical assistance and the skills training needed to make them globally competitive. Because of the statewide public benefit to be gained from increasing the availability of innovation and modernization services, it is the intent of the legislature to create a new mechanism in a manner that reduces the up-front costs of these services for small and midsize manufacturing firms. It is further the intent of the legislature that Washington state increase its support for the federal manufacturing extension partnership program, to expand the delivery of innovation and modernization services to small and midsize Washington manufacturers, and to leverage federal funding and private resources devoted to such efforts.

        The successful implementation of innovation and modernization services will enable a manufacturing firm to reduce costs, increase sales, become more profitable, and ultimately expand job opportunities for Washington citizens. Such growth will result in increased revenue from the state business and occupation taxes paid by manufacturers who have engaged in innovation and modernization services.


        NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Costs of extension services" and "extension service costs" mean the direct costs experienced under a contract with a qualified manufacturing extension partnership affiliate for modernization extension services, including but not limited to amounts in the contract for costs of consulting, instruction, materials, equipment, rental of class space, marketing, and overhead.

        (2) "Department" means the department of community, trade, and economic development.

        (3) "Director" means the director of the department of community, trade, and economic development.

        (4) "Innovation and modernization extension voucher" and "voucher" mean an instrument issued to a successful applicant from the department, verifying that funds from the manufacturing innovation and modernization account will be forwarded to the qualified manufacturing extension partnership affiliate selected by the participant and will cover identified costs of extension services.

        (5) "Innovation and modernization extension services" and "service" mean a service funded under this chapter and performed by a qualified manufacturing extension partnership affiliate. The services may include but are not limited to strategic planning, continuous improvement, business development, six sigma, quality improvement, environmental health and safety, lean processes, energy management, innovation and product development, human resources and training, supply chain management, and project management.

        (6) "Outreach services" means those activities performed by an affiliate to either assess the technical assistance needs of Washington manufacturers or increase manufacturers' awareness of the opportunities and benefits of implementing cutting edge technology, techniques, and best practices. "Outreach services" includes but is not limited to salaries of outreach staff, needs assessments, client follow-up, public educational events, manufacturing orientated trade shows, electronic communications, newsletters, advertising, direct mail efforts, and contacting business organizations for names of manufacturers who might need assistance.

        (7) "Program" means the Washington manufacturing innovation and modernization extension service program created in section 3 of this act.

        (8) "Program participant" and "participant" mean an applicant for assistance under the program that has received a voucher or a small manufacturer receiving services through an industry association or cluster association that has received a voucher.

        (9) "Qualified manufacturing extension partnership affiliate" and "affiliate" mean a private nonprofit organization established under RCW 24.50.010 or other organization that is eligible or certified to receive federal matching funds from the national institute of standards and technology manufacturing extension partnership program of the United States department of commerce.

        (10) "Small manufacturer" means a private employer whose primary business is adding value to a product through a manufacturing process and employs one hundred or fewer employees within Washington state.


        NEW SECTION. Sec. 3. (1) The Washington manufacturing innovation and modernization extension service program is created to provide assistance to small manufacturers located in the state of Washington. The program shall be administered by the department.

        (2)(a) Application to receive assistance under this program must be made to the department in a form and manner specified by the department. Successful applicants will receive an innovation and modernization extension voucher from the department to cover the costs of extension services performed by a qualified manufacturing extension partnership affiliate. An applicant may not receive a voucher or vouchers of over two hundred thousand dollars per calendar year. The department shall only allocate up to sixty percent of available funding during the first year of a biennium.

        (b) Applicants must:

        (i) Have a valid agreement with a qualified manufacturing extension partnership affiliate to engage in innovation and modernization extension services;

        (ii) Agree to: (A) Make a contribution to the manufacturing innovation and modernization account created in section 5 of this act, in an amount equal to twenty-five percent of the amount of the innovation and modernization extension voucher, upon completion of the innovation and modernization extension service; and (B) make monthly or quarterly contributions over the subsequent eighteen months, as specified in their agreement with the affiliate, to the manufacturing innovation and modernization account created in section 5 of this act in an amount equal to eighty percent of the amount of the innovation and modernization extension voucher;


        (iii) Be a small manufacturer or an industry association or cluster association at the time the applicant entered into an agreement with a qualified manufacturing extension partnership affiliate; and

        (iv) If a small manufacturer, ensure that the number of employees the applicant has in the state during the calendar year following the completion of the program will be equal to or greater than the number of employees the applicant had in the state in the calendar year preceding the start of the program.

        (3) The director may solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local, federal, or other governmental entities, as well as private sources, for the purpose of providing funding for the innovation and modernization extension services and outreach services specified in this chapter. All revenue solicited and received by the department pursuant to this subsection must be deposited into the manufacturing innovation and modernization account created in section 5 of this act.

        (4) The department may adopt rules to implement this section.

        (5) Any qualified manufacturing extension partnership affiliate receiving funding under this program is required to submit a copy of its annual independent federal audit to the department within three months of its issuance.


        NEW SECTION. Sec. 4. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, or parts thereof, the provisions of this chapter shall be controlling.


        NEW SECTION. Sec. 5. (1) The manufacturing innovation and modernization account is created in the state treasury. Moneys in the account may be spent only after appropriation.

        (2) Expenditures from the account may be used only for funding activities of the Washington manufacturing innovation and modernization extension services program created in section 3 of this act.

        (3) All payments by a program participant in the Washington manufacturing innovation and modernization extension services program created in section 3 of this act shall be deposited into the manufacturing innovation and modernization account. Of the total payments deposited into the account by program participants, the department may use up to three percent for administration of this program. The deposit of payments under this section from a program participant cease when the department specifies that the program participant has met the monetary contribution obligations of the program.

        (4) All revenue solicited and received under the provisions of section 3(3) of this act shall be deposited into the manufacturing innovation and modernization account.

        (5) The legislature intends that all payments from the manufacturing innovation and modernization account made to qualified manufacturing extension partnership affiliates will be eligible as the state match in an affiliate's application for federal matching funds under the manufacturing extension partnership program of the United States department of commerce's national institute of standards and technology.


        NEW SECTION. Sec. 6. Any qualified manufacturing extension partnership affiliate receiving funding under the program shall collect and submit to the department annually data on the number of clients served, the scope of services provided, and outcomes achieved during the previous calendar year. The department must evaluate the data submitted and use it in a biennial report on the program submitted to the appropriate committees of the legislature.


        NEW SECTION. Sec. 7. A new section is added to chapter 43.131 RCW to read as follows:

        The Washington manufacturing innovation and modernization extension service program under chapter 43.--- RCW (created in section 10 of this act) shall be terminated June 30, 2012, as provided in section 8 of this act.


        NEW SECTION. Sec. 8. A new section is added to chapter 43.131 RCW to read as follows:

        The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2013:

        (1) Section 1 of this act;

        (2) Section 2 of this act;

        (3) Section 3 of this act;

        (4) Section 4 of this act;

        (5) Section 5 of this act; and

        (6) Section 6 of this act.


        NEW SECTION. Sec. 9. 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.


        NEW SECTION. Sec. 10. Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW."


        Correct the title.

 

Signed by Representatives Kenney, Chair; Pettigrew, Vice Chair; Bailey, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Darneille, Haler, Rolfes and Sullivan.

       Referred to Committee on Appropriations.


February 25, 2008

SSB 6527     Prime Sponsor, Senate Committee on Judiciary: Addressing the failure to transfer motor vehicle title and registration. Reported by Committee on Public Safety & Emergency Preparedness

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 46.12.101 and 2007 c 96 s 1 are each amended to read as follows:

        A transfer of ownership in a motor vehicle is perfected by compliance with the requirements of this section.

        (1)(a) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment to the transferee and provide an odometer disclosure statement under RCW 46.12.124 on the certificate of ownership or as the department otherwise prescribes, and cause the certificate and assignment to be transmitted to the transferee. The owner shall notify the department or its agents or subagents, in writing, on the appropriate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, the transferee's driver's license number if available, and such description of the vehicle, including the vehicle identification number, as may be required in the appropriate form provided or approved for that purpose by the department. The report of sale will be deemed properly filed if all information required in this section is provided on the form and includes a department-authorized notation that the document was received by the department, its agents, or subagents on or before the fifth day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Agents and subagents shall immediately electronically transmit the seller's report of sale to the department. Reports of sale processed and recorded by the department's agents or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b). By January 1, 2003, the department shall create a system enabling the seller of a vehicle to transmit the report of sale electronically. The system created by the department must immediately indicate on the department's vehicle record that a seller's report of sale has been filed.

        (b) By January 1, 2008, the department shall provide instructions on release of interest forms that allow the seller of a vehicle to release his or her interest in a vehicle at the same time a financial institution, as defined in RCW 30.22.040, releases ((their)) its lien on the vehicle.

        (2) The requirements of subsection (1) of this section to provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and then to the lessor at the end of the leasehold and to vehicles held in a fleet when transferred to a purchaser.

        (3) Except as provided in RCW 46.70.122 the transferee shall within fifteen days after delivery to the transferee of the vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate or as the department prescribes, and cause the certificates and application to be transmitted to the department accompanied by a fee of five dollars in addition to any other fees required.

        (4) Upon request of the owner or transferee, a secured party in possession of the certificate of ownership shall, unless the transfer was a breach of its security agreement, either deliver the certificate to the transferee for transmission to the department or, when the secured party receives the owner's assignment from the transferee, it shall transmit the transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance with this section does not affect the rights of the secured party.

        (5) If a security interest is reserved or created at the time of the transfer, the certificate of ownership shall be retained by or delivered to the person who becomes the secured party, and the parties shall comply with the provisions of RCW 46.12.170.

        (6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by:

        (a) The department requesting additional supporting documents;

        (b) Extended hospitalization or illness of the purchaser;

        (c) Failure of a legal owner to release his or her interest;

        (d) Failure, negligence, or nonperformance of the department, auditor, or subagent;

        (e) The transferee had no knowledge of the filing of the vehicle report of sale and signs an affidavit to the fact.

        Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five days after the date of delivery of the vehicle is a misdemeanor and a continuing offense for each day during which the purchaser or transferee does not make application to transfer the certificate of ownership and license registration. Despite the continuing nature of this offense, it shall be considered a single offense, regardless of the number of days that have elapsed following the forty-five day time period.

        (7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary, the department shall, if the application is in order and if all provisions relating to the certificate of ownership and license registration have been complied with, issue new certificates of title and license registration as in the case of an original issue and shall transmit the fees together with an itemized detailed report to the state treasurer.

        (8) Once each quarter the department shall report to the department of revenue a list of those vehicles for which a seller's report has been received but no transfer of title has taken place."


        Correct the title.

 

Signed by Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern; Goodman and Kirby.


       Passed to Committee on Rules for second reading.


February 26, 2008

ESSB 6532   Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Allowing certain cities to enter into no-fee lease agreements to use state-owned aquatic lands to operate a public marina. (REVISED FOR ENGROSSED: Authorizing certain cities to enter into lease agreements to use state-owned aquatic lands to operate a publicly owned marina. ) Reported by Committee on Ecology & Parks

 

Majority recommendation: Do pass. Signed by Representatives Upthegrove, Chair; Rolfes, Vice Chair; Sump, Ranking Minority Member; Dickerson; Dunshee; Eickmeyer; Kristiansen; O'Brien and Pearson.


       Passed to Committee on Rules for second reading.


February 25, 2008

SSB 6544     Prime Sponsor, Senate Committee on Judiciary: Increasing the sentencing range for first degree criminal mistreatment. Reported by Committee on Public Safety & Emergency Preparedness

 


Majority recommendation: Do pass. Signed by Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern; Goodman and Kirby.


       Passed to Committee on Rules for second reading.


February 26, 2008

ESSB 6570   Prime Sponsor, Senate Committee on Government Operations & Elections: Regarding private business activities in state-owned housing provided by the department of fish and wildlife or the parks and recreation commission. Reported by Committee on State Government & Tribal Affairs

 

Majority recommendation: Do pass as amended.


        On page 2, line 13, after "(5)" strike all material through "42.52.160" on line 15 and insert the following: "A state employee is presumed not to be in violation of RCW 42.52.070 or 42.52.160 if the employee or the employee's spouse or child complies with this section"

 

Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Chandler, Ranking Minority Member; Kretz; Liias; Miloscia and Ormsby.


       Passed to Committee on Rules for second reading.


February 25, 2008

SSB 6583     Prime Sponsor, Senate Committee on Ways & Means: Changing provisions relating to eligibility for medical assistance. Reported by Committee on Health Care & Wellness

 

Majority recommendation: Do pass. Signed by Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Condotta; DeBolt; Green; Moeller; Pedersen; Schual-Berke and Seaquist.


       Referred to Committee on Appropriations.


February 26, 2008

SB 6588       Prime Sponsor, Senator Kauffman: Authorizing the transfer of accumulated leave between the common school and higher education systems. Reported by Committee on Education

 

Majority recommendation: Do pass. Signed by Representatives Quall, Chair; Barlow, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh; Liias; Roach; Santos and Sullivan.


       Passed to Committee on Rules for second reading.


February 26, 2008

ESB 6591     Prime Sponsor, Senator Benton: Regulating insurance producers. Reported by Committee on Insurance, Financial Services & Consumer Protection

 

Majority recommendation: Do pass. Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Roach, Ranking Minority Member; Loomis; Rodne; Santos; Simpson and Smith.


       Passed to Committee on Rules for second reading.


February 25, 2008

SSB 6596     Prime Sponsor, Senate Committee on Human Services & Corrections: Providing for the creation of a sex offender policy board. Reported by Committee on Public Safety & Emergency Preparedness

 

Majority recommendation: Do pass. Signed by: Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Goodman and Kirby.


       Referred to Committee on Appropriations.

February 26, 2008

ESSB 6665   Prime Sponsor, Senate Committee on Human Services & Corrections: Regarding the intensive case management and integrated crisis response pilot programs. Reported by Committee on Human Services

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 70.96A.800 and 2005 c 504 s 220 are each amended to read as follows:

        (1) The secretary shall select and contract with counties to provide intensive case management for chemically dependent persons with histories of high utilization of crisis services at two sites. In selecting the two sites, the secretary shall endeavor to site one in an urban county, and one in a rural county; and to site them in counties other than those selected pursuant to RCW 70.96B.020, to the extent necessary to facilitate evaluation of pilot project results. Within funds provided for this specific purpose, the secretary may contract with additional counties to provide intensive case management.

        (2) The contracted sites shall implement the pilot programs by providing intensive case management to persons with a primary chemical dependency diagnosis or dual primary chemical dependency and mental health diagnoses, through the employment of chemical dependency case managers. The chemical dependency case managers shall:

        (a) Be trained in and use the integrated, comprehensive screening and assessment process adopted under RCW 70.96C.010;


        (b) Reduce the use of crisis medical, chemical dependency and mental health services, including but not limited to, emergency room admissions, hospitalizations, detoxification programs, inpatient psychiatric admissions, involuntary treatment petitions, emergency medical services, and ambulance services;

        (c) Reduce the use of emergency first responder services including police, fire, emergency medical, and ambulance services;

        (d) Reduce the number of criminal justice interventions including arrests, violations of conditions of supervision, bookings, jail days, prison sanction day for violations, court appearances, and prosecutor and defense costs;

        (e) Where appropriate and available, work with therapeutic courts including drug courts and mental health courts to maximize the outcomes for the individual and reduce the likelihood of reoffense;

        (f) Coordinate with local offices of the economic services administration to assist the person in accessing and remaining enrolled in those programs to which the person may be entitled;

        (g) Where appropriate and available, coordinate with primary care and other programs operated through the federal government including federally qualified health centers, Indian health programs, and veterans' health programs for which the person is eligible to reduce duplication of services and conflicts in case approach;

        (h) Where appropriate, advocate for the client's needs to assist the person in achieving and maintaining stability and progress toward recovery;

        (i) Document the numbers of persons with co-occurring mental and substance abuse disorders and the point of determination of the co-occurring disorder by quadrant of intensity of need; and

        (j) Where a program participant is under supervision by the department of corrections, collaborate with the department of corrections to maximize treatment outcomes and reduce the likelihood of reoffense.

        (3) The pilot programs established by this section shall begin providing services by March 1, 2006.

        (4) This section expires June 30, ((2008)) 2009.


        Sec. 2. RCW 70.96B.800 and 2005 c 504 s 217 are each amended to read as follows:

        (1) The Washington state institute for public policy shall evaluate the pilot programs and make ((a)) preliminary reports to appropriate committees of the legislature by December 1, 2007, and June 30, 2008, and a final report by ((September 30, 2008)) June 30, 2010.

        (2) The evaluation of the pilot programs shall include:

        (a) Whether the designated crisis responder pilot program:

        (i) Has increased efficiency of evaluation and treatment of persons involuntarily detained for seventy-two hours;

        (ii) Is cost-effective;

        (iii) Results in better outcomes for persons involuntarily detained;

        (iv) Increased the effectiveness of the crisis response system in the pilot catchment areas;

        (b) The effectiveness of providing a single chapter in the Revised Code of Washington to address initial detention of persons with mental disorders or chemical dependency, in crisis response situations and the likelihood of effectiveness of providing a single, comprehensive involuntary treatment act.

        (3) The reports shall consider the impact of the pilot programs on the existing mental health system and on the persons served by the system.


        Sec. 3. RCW 70.96B.010 and 2005 c 504 s 202 are each amended to read as follows:

        The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital, an evaluation and treatment facility, or other inpatient facility, or a decision by a professional person in charge or his or her designee that a person should be detained as a patient for evaluation and treatment in a secure detoxification facility or other certified chemical dependency provider.

        (2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.

        (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department as meeting standards adopted under chapter 70.96A RCW.

        (4) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.

        (5) "Chemical dependency" means:

        (a) Alcoholism;

        (b) Drug addiction; or

        (c) Dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

        (6) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.

        (7) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.

        (8) "Conditional release" means a revocable modification of a commitment that may be revoked upon violation of any of its terms.

        (9) "Custody" means involuntary detention under either chapter 71.05 or 70.96A RCW or this chapter, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.

        (10) "Department" means the department of social and health services.

        (11) "Designated chemical dependency specialist" or "specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and this chapter, and qualified to do so by meeting standards adopted by the department.

        (12) "Designated crisis responder" means a person designated by the county or regional support network to perform the duties specified in this chapter.

        (13) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.

        (14) "Detention" or "detain" means the lawful confinement of a person under this chapter, or chapter 70.96A or 71.05 RCW.

        (15) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with individuals with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.


        (16) "Developmental disability" means that condition defined in RCW 71A.10.020.

        (17) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.

        (18) "Evaluation and treatment facility" means any facility that can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and that is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility that is part of, or operated by, the department or any federal agency does not require certification. No correctional institution or facility, or jail, may be an evaluation and treatment facility within the meaning of this chapter.

        (19) "Facility" means either an evaluation and treatment facility or a secure detoxification facility.

        (20) "Gravely disabled" means a condition in which a person, as a result of a mental disorder, or as a result of the use of alcohol or other psychoactive chemicals:

        (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or

        (b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

        (21) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.

        (22) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.

        (23) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

        (((23))) (24) "Judicial commitment" means a commitment by a court under this chapter.

        (((24))) (25) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

        (((25))) (26) "Likelihood of serious harm" means:

        (a) A substantial risk that:

        (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;

        (ii) Physical harm will be inflicted by a person upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

        (iii) Physical harm will be inflicted by a person upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or

        (b) The person has threatened the physical safety of another and has a history of one or more violent acts.

        (((26))) (27) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on a person's cognitive or volitional functions.

        (((27))) (28) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.

        (((28))) (29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

        (((29))) (30) "Person in charge" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

        (((30))) (31) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, that constitutes an evaluation and treatment facility or private institution, or hospital, or approved treatment program, that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent.

        (((31))) (32) "Professional person" means a mental health professional or chemical dependency professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter.

        (((32))) (33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.

        (((33))) (34) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.

        (((34))) (35) "Public agency" means any evaluation and treatment facility or institution, or hospital, or approved treatment program that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.

        (((35))) (36) "Registration records" means all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.

        (((36))) (37) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW or this chapter.

        (((37))) (38) "Secretary" means the secretary of the department or the secretary's designee.

        (((38))) (39) "Secure detoxification facility" means a facility operated by either a public or private agency or by the program of an agency that serves the purpose of providing evaluation and assessment, and acute and/or subacute detoxification services for intoxicated persons and includes security measures sufficient to protect the patients, staff, and community.

        (((39))) (40) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

        (((40))) (41) "Treatment records" means registration records and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

        (((41))) (42) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.


        Sec. 4. RCW 70.96B.020 and 2005 c 504 s 203 are each amended to read as follows:

        (1) The secretary, after consulting with the Washington state association of counties, shall select and contract with regional support networks or counties to provide two integrated crisis response and involuntary treatment pilot programs for adults and shall allocate resources for both integrated services and secure detoxification services in the pilot areas. In selecting the two regional support networks or counties, the secretary shall endeavor to site one in an urban and one in a rural regional support network or county; and to site them in counties other than those selected pursuant to RCW 70.96A.800, to the extent necessary to facilitate evaluation of pilot project results. Within funds provided for this specific purpose, the secretary may contract with additional regional support networks or counties to provide integrated crisis response and involuntary treatment pilot programs to adults.

        (2) The regional support networks or counties shall implement the pilot programs by providing integrated crisis response and involuntary treatment to persons with a chemical dependency, a mental disorder, or both, consistent with this chapter. The pilot programs shall:

        (a) Combine the crisis responder functions of a designated mental health professional under chapter 71.05 RCW and a designated chemical dependency specialist under chapter 70.96A RCW by establishing a new designated crisis responder who is authorized to conduct investigations and detain persons up to seventy-two hours to the proper facility;

        (b) Provide training to the crisis responders as required by the department;

        (c) Provide sufficient staff and resources to ensure availability of an adequate number of crisis responders twenty-four hours a day, seven days a week;

        (d) Provide the administrative and court-related staff, resources, and processes necessary to facilitate the legal requirements of the initial detention and the commitment hearings for persons with a chemical dependency;

        (e) Participate in the evaluation and report to assess the outcomes of the pilot programs including providing data and information as requested;

        (f) Provide the other services necessary to the implementation of the pilot programs, consistent with this chapter as determined by the secretary in contract; and

        (g) Collaborate with the department of corrections where persons detained or committed are also subject to supervision by the department of corrections.

        (3) The pilot programs established by this section shall begin providing services by March 1, 2006.


        Sec. 5. RCW 70.96B.050 and 2007 c 120 s 1 are each amended to read as follows:

        (1) When a designated crisis responder receives information alleging that a person, as a result of a mental disorder, chemical dependency disorder, or both, presents a likelihood of serious harm or is gravely disabled, the designated crisis responder may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention. Before filing the petition, the designated crisis responder must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at either an evaluation and treatment facility, a detoxification facility, or other certified chemical dependency provider.

        (2)(a) An order to detain to an evaluation and treatment facility, a detoxification facility, or other certified chemical dependency provider for not more than a seventy-two hour evaluation and treatment period may be issued by a judge upon request of a designated crisis responder: (i) Whenever it appears to the satisfaction of a judge of the superior court, district court, or other court permitted by court rule, that there is probable cause to support the petition, and (ii) that the person has refused or failed to accept appropriate evaluation and treatment voluntarily.

        (b) The petition for initial detention, signed under penalty of perjury or sworn telephonic testimony, may be considered by the court in determining whether there are sufficient grounds for issuing the order.

        (c) The order shall designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.

        (3) The designated crisis responder shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order to appear, together with a notice of rights and a petition for initial detention. After service on the person, the designated crisis responder shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility or secure detoxification facility and the designated attorney. The designated crisis responder shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider. If requested by the detained person or his or her attorney, the hearing may be postponed for a period not to exceed forty-eight hours. The hearing may be continued subject to the petitioner's showing of good cause for a period not to exceed twenty-four hours. The person may be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other person accompanying the person may be present during the admission evaluation. The facility may exclude the person if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.

        (4) The designated crisis responder may notify a peace officer to take the person or cause the person to be taken into custody and placed in an evaluation and treatment facility, a secure detoxification facility, or other certified chemical dependency provider. At the time the person is taken into custody there shall commence to be served on the person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of detention, a notice of rights, and a petition for initial detention.


        Sec. 6. RCW 70.96B.100 and 2005 c 504 s 211 are each amended to read as follows:


        ((If a person is detained for additional treatment beyond fourteen days under RCW 70.96B.090, the professional staff of the agency or facility may petition for additional treatment under RCW 70.96A.140.)) (1) A person detained for fourteen days of involuntary chemical dependency treatment under RCW 70.96B.090 or subsection (6) of this section shall be released from involuntary treatment at the expiration of the period of commitment unless the professional staff of the agency or facility files a petition for an additional period of involuntary treatment under RCW 70.96A.140, or files a petition for sixty days less restrictive treatment under this section naming the detained person as a respondent. Costs associated with the obtainment or revocation of an order for less restrictive treatment and subsequent involuntary commitment shall be provided for within current funding.

        (2) A petition for less restrictive treatment must be filed at least three days before expiration of the fourteen-day period of intensive treatment, and comport with the rules contained in RCW 70.96B.090(2). The petition shall state facts that support the finding that the respondent, as a result of a chemical dependency, presents a likelihood of serious harm or is gravely disabled, and that continued treatment pursuant to a less restrictive order is in the best interest of the respondent or others. At the time of filing such a petition, the clerk shall set a time for the respondent to come before the court on the next judicial day after the day of filing unless such appearance is waived by the respondent's attorney.

        (3) At the time set for appearance the respondent must be brought before the court, unless such appearance has been waived and the court shall advise the respondent of his or her right to be represented by an attorney. If the respondent is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent the respondent. The court shall, if requested, appoint a reasonably available licensed physician, psychologist, or psychiatrist, designated by the respondent to examine and testify on behalf of the respondent.

        (4) The court shall conduct a hearing on the petition for sixty days less restrictive treatment on or before the last day of the confinement period. The burden of proof shall be by clear, cogent, and convincing evidence and shall be upon the petitioner. The respondent shall be present at such proceeding. The rules of evidence shall apply, and the respondent shall have the right to present evidence on his or her behalf, to cross-examine witnesses who testify against him or her, to remain silent, and to view and copy all petitions and reports in the court file. The physician-patient privilege or the psychologist-client privilege shall be deemed waived in accordance with the provisions under RCW 71.05.360(9). Involuntary treatment shall continue while a petition for less restrictive treatment is pending under this section.

        (5) The court may impose a sixty-day less restrictive order if the evidence shows that the respondent, as a result of a chemical dependency, presents a likelihood of serious harm or is gravely disabled, and that continued treatment pursuant to a less restrictive order is in the best interest of the respondent or others. The less restrictive order may impose treatment conditions and other conditions which are in the best interest of the respondent and others. A copy of the less restrictive order shall be given to the respondent, the designated crisis responder, and any program designated to provide less restrictive treatment. A program designated to provide less restrictive treatment and willing to supervise the conditions of the less restrictive order may modify the conditions for continued release when the modification is in the best interests of the respondent, but must notify the designated crisis responder and the court of such modification.

        (6) If a program approved by the court and willing to supervise the conditions of the less restrictive order or the designated crisis responder determines that the respondent is failing to adhere to the terms of the less restrictive order or that substantial deterioration in the respondent's functioning has occurred, then the designated crisis responder shall notify the court of original commitment and request a hearing to be held no less than two and no more than seven days after the date of the request to determine whether or not the respondent should be returned to more restrictive care. The designated crisis responder may cause the respondent to be immediately taken into custody of the secure detoxification facility pending the hearing if the alleged noncompliance causes an imminent risk to the safety of the respondent. The designated crisis responder shall file a petition with the court stating the facts substantiating the need for the hearing along with the treatment recommendations. The respondent shall have the same rights with respect to notice, hearing, and counsel as for the original involuntary treatment proceedings. The issues to be determined at the hearing are whether the conditionally released respondent did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the respondent's functioning has occurred and whether the condition of release should be modified or the respondent should be returned to a more restrictive setting. The hearing may be waived by the respondent and his or her counsel and his or her guardian or conservator, if any, but may not be waived unless all such persons agree to the waiver. If court finds in favor of the petitioner, or the respondent waives a hearing, the court may order the respondent to be committed to a secure detoxification facility for fourteen days of involuntary chemical dependency treatment, or may order the respondent to be returned to less restrictive treatment on the same or modified conditions.


        Sec. 7. RCW 70.96B.900 and 2005 c 504 s 219 are each amended to read as follows:

        Sections 202 through 216 ((of this act)), chapter 504, Laws of 2005 expire ((July 1, 2008)) June 30, 2009.


        NEW SECTION. Sec. 8. Sections 3 through 6 of this act expire June 30, 2009.


        Sec. 9. 2007 c 120 s 4 (uncodified) is amended to read as follows:

        Sections 1 and 2 ((of this act)), chapter 120, Laws of 2007 expire ((July 1, 2008)) June 30, 2009."


        Correct the title.

 

Signed by Representatives Dickerson, Chair; Roberts, Vice Chair; Ahern, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Darneille; McCoy and O'Brien.

 

Minority recommendation: Do not pass. Signed by Representative Bailey.


       Referred to Committee on Appropriations.


February 25, 2008

SSB 6675     Prime Sponsor, Senate Committee on Higher Education: Allowing public technical colleges to offer associate transfer degrees. Reported by Committee on Higher Education

 

Majority recommendation: Do pass. Signed by Representatives Wallace, Chair; Sells, Vice Chair; Anderson, Ranking Minority Member; Hankins; Hasegawa; Jarrett; McIntire; Roberts; Schmick and Sommers.


       Referred to Committee on Appropriations.


February 25, 2008

SSB 6710     Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Modifying the fire protection standards for hospitals. Reported by Committee on Health Care & Wellness

 

Majority recommendation: Do pass. Signed by Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow, Campbell, Condotta, DeBolt, Green, Moeller, Pedersen, Schual-Berke and Seaquist.


       Referred to Committee on Appropriations Subcommittee on General Government & Audit Review.


February 26, 2008

SSB 6711     Prime Sponsor, Senate Committee on Consumer Protection & Housing: Creating the smart homeownership choices program. Reported by Committee on Insurance, Financial Services & Consumer Protection

 

Majority recommendation: Do pass. Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Loomis; Santos and Simpson.

 

Minority recommendation: Do not pass. Signed by Representatives Roach, Ranking Minority Member; Rodne and Smith.


       Referred to Committee on Appropriations.


February 25, 2008

SB 6739       Prime Sponsor, Senator Franklin: Granting authority to psychiatric advanced registered nurse practitioners. Reported by Committee on Health Care & Wellness

 

Majority recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 71.05.020 and 2007 c 375 s 6 and 2007 c 191 s 2 are each reenacted and amended to read as follows:

        The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;

        (2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;

        (3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;

        (4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

        (5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;

        (6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;

        (7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;

        (8) "Department" means the department of social and health services;

        (9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;

        (10) "Designated crisis responder" means a mental health professional appointed by the county or the regional support network to perform the duties specified in this chapter;

        (11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;

        (12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;

        (13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;

        (14) "Developmental disability" means that condition defined in RCW 71A.10.020(3);

        (15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;

        (16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

        (17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

        (18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;

        (19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;

        (20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;

        (21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:

        (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

        (b) The conditions and strategies necessary to achieve the purposes of habilitation;

        (c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

        (d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

        (e) The staff responsible for carrying out the plan;

        (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and

        (g) The type of residence immediately anticipated for the person and possible future types of residences;

        (22) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

        (23) "Likelihood of serious harm" means:

        (a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or

        (b) The person has threatened the physical safety of another and has a history of one or more violent acts;

        (24) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;

        (25) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

        (26) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

        (27) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;

        (28) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

        (29) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing.

        (30) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;

        (((30))) (31) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;

        (((31))) (32) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;

        (((32))) (33) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;

        (((33))) (34) "Release" means legal termination of the commitment under the provisions of this chapter;

        (((34))) (35) "Resource management services" has the meaning given in chapter 71.24 RCW;

        (((35))) (36) "Secretary" means the secretary of the department of social and health services, or his or her designee;

        (((36))) (37) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary;

        (((37))) (38) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others;

        (((38))) (39) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.


        Sec. 2. RCW 71.05.215 and 1997 c 112 s 16 are each amended to read as follows:

        (1) A person found to be gravely disabled or presents a likelihood of serious harm as a result of a mental disorder has a right to refuse antipsychotic medication unless it is determined that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication in the best interest of that person.

        (2) The department shall adopt rules to carry out the purposes of this chapter. These rules shall include:

        (a) An attempt to obtain the informed consent of the person prior to administration of antipsychotic medication.

        (b) For short-term treatment up to thirty days, the right to refuse antipsychotic medications unless there is an additional concurring medical opinion approving medication by a psychiatrist, psychiatric advanced registered nurse practitioner, or physician in consultation with a mental health professional with prescriptive authority.

        (c) For continued treatment beyond thirty days through the hearing on any petition filed under RCW ((71.05.370(7))) 71.05.217, the right to periodic review of the decision to medicate by the medical director or designee.

        (d) Administration of antipsychotic medication in an emergency and review of this decision within twenty-four hours. An emergency exists if the person presents an imminent likelihood of serious harm, and medically acceptable alternatives to administration of antipsychotic medications are not available or are unlikely to be successful; and in the opinion of the physician or psychiatric advanced registered nurse practitioner, the person's condition constitutes an emergency requiring the treatment be instituted prior to obtaining a second medical opinion.

        (e) Documentation in the medical record of the ((physician's)) attempt by the physician or psychiatric advanced registered nurse practitioner to obtain informed consent and the reasons why antipsychotic medication is being administered over the person's objection or lack of consent.


        Sec. 3. RCW 71.05.217 and 1997 c 112 s 31 are each amended to read as follows:

        Insofar as danger to the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course of treatment, or committed for treatment and evaluation pursuant to this chapter shall have, in addition to other rights not specifically withheld by law, the following rights, a list of which shall be prominently posted in all facilities, institutions, and hospitals providing such services:

        (1) To wear his or her own clothes and to keep and use his or her own personal possessions, except when deprivation of same is essential to protect the safety of the resident or other persons;

        (2) To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;

        (3) To have access to individual storage space for his or her private use;

        (4) To have visitors at reasonable times;

        (5) To have reasonable access to a telephone, both to make and receive confidential calls;

        (6) To have ready access to letter writing materials, including stamps, and to send and receive uncensored correspondence through the mails;

        (7) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.05.320(((2))) (3) or the performance of electroconvulsant therapy or surgery, except emergency life-saving surgery, unless ordered by a court of competent jurisdiction pursuant to the following standards and procedures:

        (a) The administration of antipsychotic medication or electroconvulsant therapy shall not be ordered unless the petitioning party proves by clear, cogent, and convincing evidence that there exists a compelling state interest that justifies overriding the patient's lack of consent to the administration of antipsychotic medications or electroconvulsant therapy, that the proposed treatment is necessary and effective, and that medically acceptable alternative forms of treatment are not available, have not been successful, or are not likely to be effective.

        (b) The court shall make specific findings of fact concerning: (i) The existence of one or more compelling state interests; (ii) the necessity and effectiveness of the treatment; and (iii) the person's desires regarding the proposed treatment. If the patient is unable to make a rational and informed decision about consenting to or refusing the proposed treatment, the court shall make a substituted judgment for the patient as if he or she were competent to make such a determination.

        (c) The person shall be present at any hearing on a request to administer antipsychotic medication or electroconvulsant therapy filed pursuant to this subsection. The person has the right: (i) To be represented by an attorney; (ii) to present evidence; (iii) to cross-examine witnesses; (iv) to have the rules of evidence enforced; (v) to remain silent; (vi) to view and copy all petitions and reports in the court file; and (vii) to be given reasonable notice and an opportunity to prepare for the hearing. The court may appoint a psychiatrist, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, or physician to examine and testify on behalf of such person. The court shall appoint a psychiatrist, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, or physician designated by such person or the person's counsel to testify on behalf of the person in cases where an order for electroconvulsant therapy is sought.

        (d) An order for the administration of antipsychotic medications entered following a hearing conducted pursuant to this section shall be effective for the period of the current involuntary treatment order, and any interim period during which the person is awaiting trial or hearing on a new petition for involuntary treatment or involuntary medication.

        (e) Any person detained pursuant to RCW 71.05.320(((2))) (3), who subsequently refuses antipsychotic medication, shall be entitled to the procedures set forth in ((RCW 71.05.217(7))) this subsection.

        (f) Antipsychotic medication may be administered to a nonconsenting person detained or committed pursuant to this chapter without a court order pursuant to RCW 71.05.215(2) or under the following circumstances:

        (i) A person presents an imminent likelihood of serious harm;

        (ii) Medically acceptable alternatives to administration of antipsychotic medications are not available, have not been successful, or are not likely to be effective; and

        (iii) In the opinion of the physician or psychiatric advanced registered nurse practitioner with responsibility for treatment of the person, or his or her designee, the person's condition constitutes an emergency requiring the treatment be instituted before a judicial hearing as authorized pursuant to this section can be held.

        If antipsychotic medications are administered over a person's lack of consent pursuant to this subsection, a petition for an order authorizing the administration of antipsychotic medications shall be filed on the next judicial day. The hearing shall be held within two judicial days. If deemed necessary by the physician or psychiatric advanced registered nurse practitioner with responsibility for the treatment of the person, administration of antipsychotic medications may continue until the hearing is held;

        (8) To dispose of property and sign contracts unless such person has been adjudicated an incompetent in a court proceeding directed to that particular issue;

        (9) Not to have psychosurgery performed on him or her under any circumstances."


        Correct the title.

 

Signed by Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Condotta; DeBolt; Green; Moeller; Pedersen; Schual-Berke and Seaquist.


       Passed to Committee on Rules for second reading.


February 26, 2008

SB 6753       Prime Sponsor, Senator Fraser: Regarding changes in calling burn bans for solid fuel burning devices. Reported by Select Committee on Environmental Health

 

Majority recommendation: Do pass. Signed by Representatives Hudgins, Vice Chair; Sump, Ranking Minority Member; Hunt; Morrell; Newhouse and Wood.


       Passed to Committee on Rules for second reading.


February 26, 2008

ESSB 6760   Prime Sponsor, Senate Committee on Ways & Means: Concerning the developmental disabilities trust account. (REVISED FOR PASSED LEGISLATURE: Regarding the developmental disabilities community trust account. ) Reported by Committee on Human Services

 

Majority recommendation: Do pass. Signed by Representatives Dickerson, Chair; Roberts, Vice Chair; Ahern, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Bailey; Darneille; McCoy and O'Brien.


       Referred to Committee on Capital Budget.


February 26, 2008

SSB 6770     Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Regarding alcoholic beverage regulation. Reported by Committee on Commerce & Labor

 

Majority recommendation: Do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Green; Moeller and Williams.


       Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6790     Prime Sponsor, Senate Committee on Human Services & Corrections: Creating a pilot program for the postsecondary education of inmates. Reported by Committee on Human Services

 

Majority recommendation: Do pass. Signed by Representatives Dickerson, Chair; Roberts, Vice Chair; Walsh, Assistant Ranking Minority Member; Darneille; McCoy and O'Brien.

 

Minority recommendation: Do not pass. Signed by Representatives Ahern, Ranking Minority Member; and Bailey.


       Referred to Committee on Appropriations.


February 25, 2008

SSB 6804     Prime Sponsor, Senate Committee on Ways & Means: Providing grants to community colleges for long-term care worker training. Reported by Committee on Higher Education

 

Majority recommendation: Do pass. Signed by Representatives Wallace, Chair; Sells, Vice Chair; Hankins; Hasegawa; Jarrett; McIntire; Roberts; Schmick and Sommers.

 

Minority recommendation: Without recommendation. Signed by Representative Anderson, Ranking Minority Member.


       Referred to Committee on Capital Budget.


February 26, 2008

SB 6839       Prime Sponsor, Senator Marr: Regarding workers' compensation coverage for work performed outside Washington. Reported by Committee on Commerce & Labor

 

Majority recommendation: Do pass as amended.


        On page 5, beginning on line 16, after "effect of" strike all material through "fund" on line 18 and insert "this act on the revenue and costs to the state fund"


 

Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Green; Moeller and Williams.


       Passed to Committee on Rules for second reading.


February 25, 2008

SB 6941       Prime Sponsor, Senator Fraser: Regarding private schools' participation in a waste reduction and recycling awards program. (REVISED FOR PASSED LEGISLATURE: Regarding a waste reduction and recycling awards program in K-12 schools. ) Reported by Select Committee on Environmental Health

 

Majority recommendation: Do pass as amended.


        On page 1, line 18, after "awards" strike "shall" and insert "((shall)) may"


        Beginning on page 1, line 19, after "be" strike all material through "nor" on page 2, line 1, and insert "((a sum of not less than two thousand dollars nor)) no"


        On page 2, line 4, after "dollars" strike "shall" and insert "((shall)) may"


        On page 2, line 7, after "dollars" strike "shall" and insert "((shall)) may"

 

Signed by Representatives Campbell, Chair; Hudgins, Vice Chair; Sump, Ranking Minority Member; Hunt; Morrell; Newhouse and Wood.


       Passed to Committee on Rules for second reading.


       There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.


       There being no objection, the House advanced to the eleventh order of business.


       There being no objection, the House adjourned until 10:00 a.m., February 29, 2008, the 47th Day of the Regular Session.


FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk