2676-S.E AMS TALM S5530.2
ESHB 2676 - S AMD TO GO COMM AMD (S-5538.1/94) - 000308
By Senator Talmadge
On page 64, line 34 of the amendment, after "431" insert "and 738"
ESHB 2676 - S AMD TO GO COMM AMD (S-5538.1/94)
By Senator Talmadge
On page 94, after line 8 of the amendment, insert the following:
"NEW SECTION. Sec. 706. DEFINITIONS. The definitions in this section apply throughout sections 707 through 710 of this act unless the context clearly requires otherwise.
(1) "Credential" means regulation of a health professional at the level of registration, certification, or licensure as defined in chapter 18.120 RCW.
(2) "Department" means the department of health.
(3) "Health profession" means a health profession specified under RCW 18.130.040(2).
(4) "Health profession advisory committee" or "advisory committee" means advisory committees established by the secretary or by law for health professions cited in RCW 18.130.040(2)(a).
(5) "Health profession regulatory board" or "boards" or "commissions" means the professional regulatory boards or commissions for health professions cited in RCW 18.130.040(2)(b).
(6) "Scope of practice" means the range of diagnosis, treatments, services, technologies, equipment, and pharmaceuticals that a health profession is authorized to use.
(7) "Secretary" means the secretary of health or the secretary's designee.
NEW SECTION. Sec. 707. APPLICABILITY. Except for licensees governed under chapter 18.39 RCW, the professional review commission shall have the authority to adopt rules, standards, guidelines, or policies relating to the scope of practice or the level of credentialing for health professions regulated under RCW 18.130.040 in accordance with provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 708. PROFESSIONAL REVIEW COMMISSION AND LEVEL OF CREDENTIALING REVIEW PROCESS. (1) A professional review commission is created within the department of health. The commission shall be composed of six members, of whom one is the state health officer who shall chair the committee. The remaining five shall be appointed by the governor, with the consent of the senate. These members must demonstrate a broad understanding of health care issues and a commitment to improving the delivery of health care to all citizens in Washington state.
(2)(a) Initial commission members shall serve four-year terms. The term of office for commission members after the initial commission is three years, with the first appointments staggered, two members appointed for one year, two members appointed for two years, and two members appointed for three years. Thereafter, members shall be appointed for three-year terms. A commission member may be removed for just cause including a finding of fact or more than three unexcused absences. The governor may appoint a new member to fill a vacancy on the commission for the remainder of the unexpired term.
(b) No commission member appointed by the governor may serve more than two consecutive terms, whether full or partial.
(3) Commission members who are nonstate employees shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(4) Members of the commission appointed by the governor may not have current licenses to practice in any of the professions subject to regulation and may have no pecuniary interest in any business subject to regulation by the commission. Members are subject to chapter 42.18 RCW, the executive branch conflict of interest act.
(5) The commission shall:
(a) Receive applications from new professions seeking credentialing and make recommendations to the legislature concerning whether a profession should be credentialed.
(b) Authorize the level of credentialing and specify scope of practice for new professions.
(c) Review requests for changes in scope of practice or level of credentialing for health professions regulated under RCW 18.130.040 in accordance with provisions of sections 706 through 710 of this act.
(d) Require that a party requesting changes in scope of practice or level of credentialing submit information relevant to such decisions pursuant to chapter 18.120 RCW.
(e) Direct staff at the department to conduct an analysis of the request for change in scope of practice, or a level of credentialing, using a fair and impartial review of the facts, and authorize that the application be granted or denied based on criteria in RCW 18.120.030. In the event that an application is deemed frivolous by the professional review commission, the applicant will be charged the cost of processing and reviewing the request.
(f) Review the rules and other decisions of the health professional regulatory boards to determine whether such rules or decisions have the effect of altering the scope of practice of that profession. If the professional review commission deems that a board has acted in a manner to change a scope of practice, the commission may reverse, vacate, revoke, nullify, or modify the rules or decisions. All rules, standards, guidelines, or policies of any kind relating to a profession's scope of practice of a health profession regulatory board, whether adopted before or after the effective date of this act, are subject to review by the professional review commission.
(g) Authorize changes be made in training, education, and other requirements for health professions specified under RCW 18.130.040 to enable changes in scope of practice or levels of credentialing that are authorized under sections 706 through 710 of this act. This shall include, when appropriate, adoption of uniform provisions under chapter 18.122 RCW.
(h) Use the professional expertise of the health profession regulatory boards, health profession regulatory commissions, and advisory committees and others to fulfill its responsibilities under sections 706 through 710 of this act.
(i) Use expert witnesses when expertise on a specific application is needed.
NEW SECTION. Sec. 709. AUGMENT OR REMOVE. (1) Effective July 1, 1995, the professional review commission may augment or remove functions of a health profession's scope of practice or make changes in the level of credentialing of a health profession.
(2) The professional review commission, notwithstanding any provision of this title to the contrary, shall establish additional training, education, and other requirements for health professions specified under RCW 18.130.040 as made necessary by the changes in scope of practice or levels of credentialing or professions newly credentialed that are authorized under sections 706 through 710 of this act. This shall include, when appropriate, application of uniform administrative provisions under chapter 18.122 RCW. In the event that a rule by the professional review commission directly conflicts with statutory provisions in this title, the commission shall submit for legislative consideration, proposed legislation that would remove statutory conflict.
(3) All processes by the professional review commission under sections 706 through 710 of this act shall be subject to the provisions of chapter 34.05 RCW.
(4) Rules adopted by the professional review commission under this section are subject to review by the joint administrative rules review committee of the legislature. If the joint administrative rules review committee does not direct the professional review commission to reconsider the rule within forty-five days of publication, the rule is deemed effective.
NEW SECTION. Sec. 710. CRITERIA FOR USE BY THE PROFESSIONAL REVIEW COMMISSION. (1) In considering changes in the scope of practice of a health profession, the professional review commission shall consider at least the following factors:
(a) Whether a serious risk to the public's life, health, or safety will occur if the scope of practice remains unchanged.
(b) Whether there is a clear benefit to the public in changing the scope of practice of a health profession.
(c) Whether the current education and training requirements of the health profession are sufficient to assure the safe delivery of the health care services that will result from the change of scope of practice.
(d) Whether there is a sufficient availability of training and education programs to meet the demand for training that will result from the change in scope of practice.
(e) How the change in the scope of practice will effect the availability and cost of health care services.
(f) Whether the change in level of credentialing, or scope of practice improves access and affordability to health care services with proven success in promoting public health.
(2) In considering changes in the level of credentialing of a health profession cited in RCW 18.130.040(2), the professional review commission shall use at a minimum the criteria specified in chapter 18.120 RCW.
NEW SECTION. Sec. 711. A new section is added to chapter 18.122 RCW to read as follows:
TRANSITION AND STUDY. (1) The department shall establish a health care governance project. Participants in this project shall be determined by the secretary. The secretary is encouraged to include representatives from boards and commissions, health professions resource plan statutory committee, health care providers, insurers, the public, the legislature, higher education, the health services commission, and other appropriate state agencies dealing with health systems reform. A report to the legislature shall be submitted by the project by December 1, 1995. The report shall include timelines for implementation and proposed language for consideration in the 1996 legislative session.
(2) The purpose of the project is to recommend further improvements to the system for the credentialing and disciplining of health professionals in the state of Washington.
NEW SECTION. Sec. 712. A new section is added to chapter 18.06 RCW to read as follows:
ACUPUNCTURE‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 713. A new section is added to chapter 18.19 RCW to read as follows:
COUNSELORS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the professions regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 714. A new section is added to chapter 18.22 RCW to read as follows:
PODIATRIC PHYSICIANS AND SURGEONS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 715. A new section is added to chapter 18.25 RCW to read as follows:
CHIROPRACTIC‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 716. A new section is added to chapter 18.29 RCW to read as follows:
DENTAL HYGIENE‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 717. A new section is added to chapter 18.32 RCW to read as follows:
DENTISTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 718. A new section is added to chapter 18.34 RCW to read as follows:
DISPENSING OPTICIANS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the professions regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 719. A new section is added to chapter 18.35 RCW to read as follows:
HEARINGS AIDS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 720. A new section is added to chapter 18.36A RCW to read as follows:
NATUROPATHY‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 721. A new section is added to chapter 18.50 RCW to read as follows:
MIDWIVES‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 722. A new section is added to chapter 18.52 RCW to read as follows:
NURSING HOME ADMINISTRATORS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 723. A new section is added to chapter 18.52C RCW to read as follows:
NURSING POOLS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 724. A new section is added to chapter 18.53 RCW to read as follows:
OPTOMETRY‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 725. A new section is added to chapter 18.54 RCW to read as follows:
OPTOMETRY BOARD‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 726. A new section is added to chapter 18.55 RCW to read as follows:
OCULARISTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 727. A new section is added to chapter 18.57 RCW to read as follows:
OSTEOPATHIC PHYSICIANS AND SURGEONS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 728. A new section is added to chapter 18.57A RCW to read as follows:
OSTEOPATHIC PHYSICIANS AND SURGEONS' ASSISTANTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 729. A new section is added to chapter 18.59 RCW to read as follows:
OCCUPATIONAL THERAPY‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 730. A new section is added to chapter 18.64 RCW to read as follows:
PHARMACISTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 731. A new section is added to chapter 18.64A RCW to read as follows:
PHARMACY ASSISTANTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 732. A new section is added to chapter 18.71 RCW to read as follows:
PHYSICIANS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 733. A new section is added to chapter 18.71A RCW to read as follows:
PHYSICIANS' ASSISTANTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 734. A new section is added to chapter 18.73 RCW to read as follows:
EMERGENCY MEDICAL SERVICES‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 735. A new section is added to chapter 18.74 RCW to read as follows:
PHYSICAL THERAPY‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 736. A new section is added to chapter 18.83 RCW to read as follows:
PSYCHOLOGISTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 737. A new section is added to chapter 18.84 RCW to read as follows:
RADIOLOGIC TECHNOLOGISTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 738. NURSES‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 739. A new section is added to chapter 18.88A RCW to read as follows:
NURSING ASSISTANTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 740. A new section is added to chapter 18.89 RCW to read as follows:
RESPIRATORY CARE PRACTITIONERS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 741. A new section is added to chapter 18.92 RCW to read as follows:
VETERINARY‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 742. A new section is added to chapter 18.135 RCW to read as follows:
HEALTH CARE ASSISTANTS‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 743. A new section is added to chapter 18.155 RCW to read as follows:
SEX OFFENDER TREATMENT PROVIDER‑-APPLICATION OF SCOPE OF PRACTICE AUTHORITY. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 744. A new section is added to chapter 18.138 RCW to read as follows:
DIETICIANS AND NUTRITIONISTS. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 745. A new section is added to chapter 18.108 RCW to read as follows:
MASSAGE THERAPISTS. The professional review commission shall have the authority to adopt rules, standards, guidelines, or judgments relating to the scope of practice of the profession regulated under this chapter in accordance with the provisions of sections 706 through 710 of this act.
NEW SECTION. Sec. 746. CODIFICATION INSTRUCTIONS. Sections 706 through 710 of this act are each added to chapter 18.130 RCW.
NEW SECTION. Sec. 747. A new section is added to chapter 34.05 RCW to read as follows:
JOINT ADMINISTRATIVE RULES REVIEW COMMITTEE. The joint administrative rules review committee shall confine review of disputed rules of a profession's scope of practice under sections 707 through 710 of this act to the official public record of the professional review commission proceedings.
The joint administrative rules review committee may issue a decision that a proposed rule is not within the intent of the legislature or recommend suspension of an existing rule only if the decision of the professional review commission is arbitrary or capricious."
ESHB 2676 - S AMD TO GO COMM AMD (S-5538.1/94)
By Senator Talmadge
On page 189, beginning on line 38 of the title amendment, strike "adding a new section to chapter 18.130 RCW;" insert "adding new sections to chapter 18.130 RCW; adding a new section to chapter 18.122 RCW; adding a new section to chapter 18.06 RCW; adding a new section to chapter 18.19 RCW; adding a new section to chapter 18.22 RCW; adding a new section to chapter 18.29 RCW; adding a new section to chapter 18.34 RCW; adding a new section to chapter 18.35 RCW; adding a new section to chapter 18.36A RCW; adding a new section to chapter 18.50 RCW; adding a new section to chapter 18.52 RCW; adding a new section to chapter 18.52C RCW; adding a new section to chapter 18.53 RCW; adding a new section to chapter 18.54 RCW; adding a new section to chapter 18.55 RCW; adding a new section to chapter 18.57 RCW; adding a new section to chapter 18.57A RCW; adding a new section to chapter 18.59 RCW; adding a new section to chapter 18.64 RCW; adding a new section to chapter 18.64A RCW; adding a new section to chapter 18.71A RCW; adding a new section to chapter 18.73 RCW; adding a new section to chapter 18.74 RCW; adding a new section to chapter 18.83 RCW; adding a new section to chapter 18.84 RCW; adding a new section to chapter 18.88A RCW; adding a new section to chapter 18.89 RCW; adding a new section to chapter 18.92 RCW; adding a new section to chapter 18.135 RCW; adding a new section to chapter 18.155 RCW; adding a new section to chapter 18.138 RCW; adding a new section to chapter 18.108 RCW; adding a new section to chapter 34.05 RCW;"
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