2676-S.E AMS LOVE S5428.1
ESHB 2676 - S AMD - 000521
By Senator Loveland
RULED WITHIN SCOPE; NOT ADOPTED 3/8/94 - DIVISION 13-26
On page 70, after line 19, strike all of sections 502 and 503 and insert the following:
"Sec. 502. RCW 4.24.240 and 1985 c 326 s 25 are each amended to read as follows:
(1)(a) A person
licensed by this state to provide health care or related services, including,
but not limited to, a ((certified)) licensed acupuncturist, a
physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist))
podiatric physician and surgeon, chiropractor, physical therapist,
psychologist, pharmacist, optician, physician's assistant, osteopathic
physician's assistant, nurse practitioner, including, in the event such person
is deceased, his or her estate or personal representative;
(b) An employee or agent of a person described in subparagraph (a) of this subsection, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subparagraph (a) of this subsection, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, trustee, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative;
shall be immune from civil action for damages arising out of the good faith performance of their duties on such committees, where such actions are being brought by or on behalf of the person who is being evaluated.
(2) No member, employee, staff person, or investigator of a professional review committee shall be liable in a civil action as a result of acts or omissions made in good faith on behalf of the committee; nor shall any person be so liable for filing charges with or supplying information or testimony in good faith to any professional review committee; nor shall a member, employee, staff person, or investigator of a professional society, of a professional examining or licensing board, of a professional disciplinary board, of a governing board of any institution, or of any employer of professionals be so liable for good faith acts or omissions made in full or partial reliance on recommendations or decisions of a professional review committee or examining board.
Sec. 503. RCW 7.70.020 and 1985 c 326 s 27 are each amended to read as follows:
As used in this chapter "health care provider" means either:
(1) A person licensed
by this state to provide health care or related services, including, but not
limited to, a ((certified)) licensed acupuncturist, a physician,
osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric
physician and surgeon, chiropractor, physical therapist, psychologist,
pharmacist, optician, physician's assistant, midwife, osteopathic physician's
assistant, nurse practitioner, or physician's trained mobile intensive care
paramedic, including, in the event such person is deceased, his or her
estate or personal representative;
(2) An employee or agent of a person described in part (1) above, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative.
Sec. 504. RCW 18.06.010 and 1992 c 110 s 1 are each amended to read as follows:
The following terms in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise:
(1)
"Acupuncture" means a health care service based on ((a traditional))
an Oriental system of medical theory utilizing Oriental diagnosis and
treatment to promote health and treat organic or functional disorders by
treating specific acupuncture points or meridians. Acupuncture includes ((but
is not necessarily limited to)) the following techniques:
(a) Use of acupuncture needles to stimulate acupuncture points and meridians;
(b) Use of electrical, mechanical, or magnetic devices to stimulate acupuncture points and meridians;
(c) Moxibustion;
(d) Acupressure;
(e) Cupping;
(f) Dermal friction technique;
(g) Infra-red;
(h) Sonopuncture;
(i) Laserpuncture;
(j) ((Dietary advice
based on traditional Oriental medical theory; and
(k))) Point injection therapy (aquapuncture); and
(k) Dietary advice based on Oriental medical theory provided in conjunction with techniques under (a) through (j) of this subsection.
(2)
"Acupuncturist" means a person ((certified)) licensed
under this chapter.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the secretary's designee.
Sec. 505. RCW 18.06.020 and 1991 c 3 s 5 are each amended to read as follows:
(1) No one may hold
themselves out to the public as an acupuncturist or ((certified)) licensed
acupuncturist or any derivative thereof which is intended to or is likely to
lead the public to believe such a person is an acupuncturist or ((certified))
licensed acupuncturist unless ((certified)) licensed as
provided for in this chapter.
(2) A person may not practice acupuncture if the person is not licensed under this chapter.
(3) No one may
use any configuration of letters after their name (including Ac.) which
indicates a degree or formal training in acupuncture unless ((certified))
licensed as provided for in this chapter.
(((3))) (4)
The secretary may by rule proscribe or regulate advertising and other forms of
patient solicitation which are likely to mislead or deceive the public as to whether
someone is ((certified)) licensed under this chapter.
Sec. 506. RCW 18.06.045 and 1992 c 110 s 2 are each amended to read as follows:
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice (([by
an individual] licensed, certified, or registered)) by an individual
credentialed under the laws of this state and performing services within
such individual's authorized scope of practice. Health professions
authorized to perform acupuncture under other chapters of state law may follow
recommended guidelines developed by the acupuncture advisory committee to
assist in determining the level of training sufficient to allow for the
provision of safe acupuncture services;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;
(4) The practice of
acupuncture by any person ((licensed or certified)) credentialed
to perform acupuncture in any other jurisdiction where such person is doing so
in the course of regular instruction of a school of acupuncture approved by the
secretary or in an educational seminar by a professional organization of
acupuncture, provided that in the latter case, the practice is supervised
directly by a person ((certified pursuant to)) licensed under
this chapter or licensed under any other healing art whose scope of practice
includes acupuncture.
Sec. 507. RCW 18.06.080 and 1992 c 110 s 3 are each amended to read as follows:
(1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in acupuncture at least twice a year at such times and places as the secretary may select. The examination shall be a written examination and may include a practical examination.
(2) The secretary shall
develop or approve a ((certification)) licensure examination in
the subjects that the secretary determines are within the scope of and
commensurate with the work performed by ((certified)) licensed
acupuncturists and shall include but not necessarily be limited to anatomy,
physiology, microbiology, biochemistry, pathology, hygiene, and acupuncture.
All application papers shall be deposited with the secretary and there retained
for at least one year, when they may be destroyed.
(3) If the examination
is successfully passed, the secretary shall confer on such candidate the title
of ((Certified)) Licensed Acupuncturist.
Sec. 508. RCW 18.06.090 and 1985 c 326 s 9 are each amended to read as follows:
Before ((certification))
licensure, each applicant shall demonstrate sufficient fluency in
reading, speaking, and understanding the English language to enable the
applicant to communicate with other health care providers and patients
concerning health care problems and treatment.
Sec. 509. RCW 18.06.110 and 1991 c 3 s 11 are each amended to read as follows:
The uniform
disciplinary act, chapter 18.130 RCW, governs uncertified practice, the
issuance and denial of ((certificates)) licenses, and the
disciplining of ((certificate)) license holders under this
chapter. The secretary shall be the disciplining authority under this chapter.
Sec. 510. RCW 18.06.120 and 1992 c 110 s 4 are each amended to read as follows:
(1) Every person ((certified))
licensed in acupuncture shall register with the secretary annually and
pay an annual renewal ((registration)) fee determined by the secretary
as provided in RCW 43.70.250 on or before the ((certificate)) license
holder's birth anniversary date. The ((certificate)) license of
the person shall be renewed for a period of one year or longer in the
discretion of the secretary. A person whose practice is exclusively
out-of-state or who is on sabbatical shall be granted an inactive ((certification))
licensure status and pay a reduced ((registration)) fee. The
reduced fee shall be set by the secretary under RCW 43.70.250.
(2) Any failure to
register and pay the annual renewal ((registration)) fee shall render
the ((certificate)) license invalid. The ((certificate)) license
shall be reinstated upon: (a) Written application to the secretary; (b)
payment to the state of a penalty fee determined by the secretary as provided
in RCW 43.70.250; and (c) payment to the state of all delinquent annual ((certificate))
license renewal fees.
(3) Any person who fails
to renew his or her ((certification)) license for a period of
three years shall not be entitled to renew ((such certification)) the
licensure under this section. Such person, in order to obtain a ((certification))
licensure in acupuncture in this state, shall file a new application
under this chapter, along with the required fee, and shall meet examination or
continuing education requirements as the secretary, by rule, provides.
(4) All fees collected under this section and RCW 18.06.070 shall be credited to the health professions account as required under RCW 43.70.320.
Sec. 511. RCW 18.06.130 and 1991 c 3 s 13 are each amended to read as follows:
The secretary shall
develop a form to be used by an acupuncturist to inform the patient of the
acupuncturist's scope of practice and qualifications. All ((certificate))
license holders shall bring the form to the attention of the patients in
whatever manner the secretary, by rule, provides.
Sec. 512. RCW 18.06.140 and 1991 c 3 s 14 are each amended to read as follows:
Every ((certified))
licensed acupuncturist shall develop a written plan for consultation,
emergency transfer, and referral to other health care practitioners operating
within the scope of their authorized practices. The written plan shall be
submitted with the initial application for ((certification)) licensure
as well as annually thereafter with the ((certificate)) license
renewal fee to the department. The department may withhold ((certification))
licensure or renewal of ((certification)) licensure if the
plan fails to meet the standards contained in rules ((promulgated)) adopted
by the secretary.
When the acupuncturist sees patients with potentially serious disorders such as cardiac conditions, acute abdominal symptoms, and such other conditions, the acupuncturist shall immediately request a consultation or recent written diagnosis from a physician licensed under chapter 18.71 or 18.57 RCW. In the event that the patient with the disorder refuses to authorize such consultation or provide a recent diagnosis from such physician, acupuncture treatment shall not be continued.
Sec. 513. RCW 18.06.170 and 1991 c 3 s 16 are each amended to read as follows:
(1) The acupuncture
advisory committee is created. The committee shall be composed of one
physician licensed under chapter 18.71 or 18.57 RCW, three acupuncturists ((certified))
licensed under this chapter, and ((one)) two public members,
who ((does)) do not have any financial interest in the rendering
of health services.
(2) The secretary shall appoint members to staggered terms so as to provide continuity in membership. Members shall serve at the pleasure of the secretary but may not serve more than five years total. Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(3) Each member of the committee shall receive fifty dollars for each day the member attends an official meeting of the group or performs statutorily prescribed duties approved by the secretary.
(4) The committee shall meet only on the request of the secretary and consider only those matters referred to it by the secretary. The committee is authorized to develop recommended guidelines to assist health professions authorized to perform acupuncture under other practice laws in determining the level of training sufficient to allow for the provision of safe acupuncture services.
Sec. 514. RCW 18.06.190 and 1991 c 3 s 18 are each amended to read as follows:
The secretary may ((certify))
license a person without examination if such person is ((licensed or
certified)) credentialed as an acupuncturist in another jurisdiction
if, in the secretary's judgment, the requirements of that jurisdiction are
equivalent to or greater than those of Washington state.
Sec. 515. RCW 18.06.200 and 1985 c 326 s 20 are each amended to read as follows:
Nothing in this chapter
may 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 ((registered or certified)) licensed under this
chapter."
Renumber the remaining sections consecutively and correct any internal references accordingly.
ESHB 2676 - S COMM AMD
By Committee on Government Operations
On page 81, line 29,
after "Acupuncturists" strike "certified" and insert
"((certified)) licensed"
ESHB 2676 - S COMM AMD
By Committee on Government Operations
On page 84, line 8,
after "acupuncturist" strike "certified" and insert
"((certified)) licensed"
ESHB 2676 - S COMM AMD
By Committee on Government Operations
On page 94, beginning
on line 10, after "acupuncturists" strike "certified" and
insert "((certified)) licensed"
ESHB 2676 - S COMM AMD
By Committee on Government Operations
On page 1, line 12 of the title, after "18.19.070," insert "4.24.240, 7.70.020, 18.06.010, 18.06.020, 18.06.045,"
On page 1, line 12 of the title, after "18.06.080," insert "18.06.090, 18.06.110, 18.06.120, 18.06.130, 18.06.140, 18.06.170, 18.06.190, 18.06.200,"
ESHB 2676 - S AMD - 000521
By Senator Loveland
RULED WITHIN SCOPE; NOT ADOPTED 3/894
On page 2, line 37 of the title, after "18.88A.070," strike "18.06.170,"
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