BILL REQ. #:  H-1230.2 

READ FIRST TIME 02/05/03.   

     AN ACT Relating to eliminating barriers to initial licensure in health professions; amending RCW 18.06.050, 18.34.070, 18.79.160, 18.83.050, 18.83.072, 18.92.070, 18.92.100, 18.155.020, 18.155.030, and 18.155.040; reenacting and amending RCW 18.130.040; adding a new section to chapter 18.79 RCW; adding a new section to chapter 18.155 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the health care work force shortage is contributing to the health care crisis. The legislature also finds that some unnecessary barriers exist that slow or prevent qualified applicants from becoming credentialed health care providers. The legislature further finds that eliminating these initial barriers to licensure will contribute to state initiatives directed toward easing the health care personnel shortage in Washington.

Sec. 2   RCW 18.06.050 and 1991 c 3 s 7 are each amended to read as follows:
     Any person seeking to be examined shall present to the secretary at least forty-five days before the commencement of the examination:
     (1) A written application on a form or forms provided by the secretary setting forth under affidavit such information as the secretary may require; and
     (2) Proof that the candidate has:
     (a) Successfully completed a course, approved by the secretary, of didactic training in basic sciences and acupuncture over a minimum period of two academic years. The training shall include such subjects as anatomy, physiology, ((bacteriology,)) microbiology, biochemistry, pathology, hygiene, and a survey of western clinical sciences. The basic science classes must be equivalent to those offered at the collegiate level. However, if the applicant is a licensed chiropractor under chapter 18.25 RCW or a naturopath licensed under chapter 18.36A RCW, the requirements of this subsection relating to basic sciences may be reduced by up to one year depending upon the extent of the candidate's qualifications as determined under rules adopted by the secretary;
     (b) Successfully completed ((a course, approved by the secretary,)) five hundred hours of clinical training in acupuncture ((over a minimum period of one academic year. The training shall include a minimum of: (i) Twenty-nine quarter credits of supervised practice, consisting of at least four hundred separate patient treatments involving a minimum of one hundred different patients, and (ii) one hundred hours or nine quarter credits of observation which shall include case presentation and discussion)) that is approved by the secretary.

Sec. 3   RCW 18.34.070 and 1991 c 3 s 76 are each amended to read as follows:
     Any applicant for a license shall be examined if he or she pays an examination fee determined by the secretary as provided in RCW 43.70.250 and certifies under oath that he or she:
     (1) Is eighteen years or more of age; and
     (2) Has graduated from an accredited high school; and
     (3) ((Is a citizen of the United States or has declared his or her intention of becoming such citizen in accordance with law; and
     (4))) Is of good moral character; and
     (((5))) (4) Has either:
     (a) Had at least three years of apprenticeship training; or
     (b) Successfully completed a prescribed course in opticianry in a college or university approved by the secretary; or
     (c) Been principally engaged in practicing as a dispensing optician not in the state of Washington for five years.

Sec. 4   RCW 18.79.160 and 1994 sp.s. c 9 s 416 are each amended to read as follows:
     (1) An applicant for a license to practice as a registered nurse shall submit to the commission:
     (a) An attested written application on a department form;
     (b) ((Written)) An official ((evidence of a diploma from)) transcript demonstrating graduation and successful completion of an approved ((school)) program of nursing; and
     (c) Any other official records specified by the commission.
     (2) An applicant for a license to practice as an advanced registered nurse practitioner shall submit to the commission:
     (a) An attested written application on a department form;
     (b) ((Written)) An official ((evidence of)) transcript demonstrating graduation and successful completion of an advanced registered nurse practitioner ((training)) program meeting criteria established by the commission; and
     (c) Any other official records specified by the commission.
     (3) An applicant for a license to practice as a licensed practical nurse shall submit to the commission:
     (a) An attested written application on a department form;
     (b) ((Written official evidence that the applicant is over the age of eighteen;
     (c) Written official evidence of a high school diploma or general education development certificate or diploma;
     (d) Written)) An official ((evidence of completion of)) transcript demonstrating graduation and successful completion of an approved practical nursing program, or its equivalent; and
     (((e))) (c) Any other official records specified by the commission.
     (4) At the time of submission of the application, the applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must not be in violation of chapter 18.130 RCW or this chapter.
     (5) The commission shall establish by rule the criteria for evaluating the education of all applicants.

NEW SECTION.  Sec. 5   A new section is added to chapter 18.79 RCW to read as follows:
     A licensed practical nurse with an active license who is in the process of completing or has completed the coursework of a nontraditional registered nurse program approved by the commission can obtain the required clinical experience when: (1) The experience is obtained under the immediate supervision of a registered nurse who agrees to act as the preceptor with the understanding that the licensed practical nurse is practicing under the preceptor's registered nurse license. The preceptor must have an unrestricted license with at least two years of clinical practice in the same type of practice setting where the preceptorship will occur; and (2) the experience is obtained within six months of completion of the approved nontraditional program.

Sec. 6   RCW 18.83.050 and 1994 c 35 s 2 are each amended to read as follows:
     (1) The board shall adopt such rules as it deems necessary to carry out its functions.
     (2) The board shall examine the qualifications of applicants for licensing under this chapter, to determine which applicants are eligible for licensing under this chapter and shall forward to the secretary the names of applicants so eligible.
     (3) The board shall administer examinations to qualified applicants on at least an annual basis. The board shall determine the subject matter and scope of the examination((s and shall require both written and oral examinations of each applicant)), except as provided in RCW 18.83.170. The board may allow applicants to take the ((written)) examination upon the granting of their doctoral degree before completion of their internship for supervised experience.
     (4) The board shall keep a complete record of its own proceedings, of the questions given in examinations, of the names and qualifications of all applicants, and the names and addresses of all licensed psychologists. The examination paper of such applicant shall be kept on file for a period of at least one year after examination.
     (5) The board shall, by rule, adopt a code of ethics for psychologists which is designed to protect the public interest.
     (6) The board may require that persons licensed under this chapter as psychologists obtain and maintain professional liability insurance in amounts determined by the board to be practicable and reasonably available.

Sec. 7   RCW 18.83.072 and 1996 c 191 s 65 are each amended to read as follows:
     (1) Examination of applicants shall be held in Olympia, Washington, or at such other place as designated by the secretary, at least annually at such times as the board may determine.
     (2) ((Any applicant shall have the right to discuss with the board his or her performance on the examination.
     (3))) Any applicant who fails to make a passing grade on the examination may be allowed to retake the examination. Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again.
     (((4))) (3) The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.

Sec. 8   RCW 18.92.070 and 1991 c 3 s 242 are each amended to read as follows:
     No person, unless registered or licensed to practice veterinary medicine, surgery, and dentistry in this state at the time this chapter shall become operative, shall begin the practice of veterinary medicine, surgery and dentistry without first applying for and obtaining a license for such purpose from the secretary. In order to procure a license to practice veterinary medicine, surgery, and dentistry in the state of Washington, the applicant for such license shall file his or her application at least sixty days prior to date of examination upon a form furnished by the secretary of health, which, in addition to the fee provided by this chapter, shall be accompanied by satisfactory evidence that he or she is at least eighteen years of age and of good moral character, and by official transcripts or other evidence of graduation from a veterinary college satisfactory to and approved by the board. Said application shall be signed by the applicant ((and sworn to by him or her before some person authorized to administer oaths)). When such application and the accompanying evidence are found satisfactory, the secretary shall notify the applicant to appear before the board for the next examination. In addition, applicants shall be subject to grounds for denial or issuance of a conditional license under chapter 18.130 RCW.
     Nothing in this chapter shall preclude the board from permitting a person who has completed a portion of his or her educational program as determined by the board, in a veterinary college recognized by the board, to take the examination or any part thereof prior to satisfying the requirements for application for a license: PROVIDED HOWEVER, That no license shall be issued to such applicant until such requirements are satisfied.

Sec. 9   RCW 18.92.100 and 1995 c 198 s 14 are each amended to read as follows:
     Examinations for license to practice veterinary medicine, surgery and dentistry shall be held at least once each year at such times and places as the secretary may authorize and direct. The examination shall be on subjects that are ordinarily included in the curricula of veterinary colleges. ((All examinees shall be tested by written examination, supplemented by such oral interviews and practical demonstrations as the board deems necessary.))

Sec. 10   RCW 18.130.040 and 2002 c 223 s 6 and 2002 c 216 s 11 are each reenacted and amended to read as follows:
     (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.
     (2)(a) The secretary has authority under this chapter in relation to the following professions:
     (i) Dispensing opticians licensed under chapter 18.34 RCW;
     (ii) Naturopaths licensed under chapter 18.36A RCW;
     (iii) Midwives licensed under chapter 18.50 RCW;
     (iv) Ocularists licensed under chapter 18.55 RCW;
     (v) Massage operators and businesses licensed under chapter 18.108 RCW;
     (vi) Dental hygienists licensed under chapter 18.29 RCW;
     (vii) Acupuncturists licensed under chapter 18.06 RCW;
     (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
     (ix) Respiratory care practitioners licensed under chapter 18.89 RCW;
     (x) Persons registered under chapter 18.19 RCW;
     (xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW;
     (xii) Persons registered as nursing pool operators under chapter 18.52C RCW;
     (xiii) Nursing assistants registered or certified under chapter 18.88A RCW;
     (xiv) Health care assistants certified under chapter 18.135 RCW;
     (xv) Dietitians and nutritionists certified under chapter 18.138 RCW;
     (xvi) Chemical dependency professionals certified under chapter 18.205 RCW;
     (xvii) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;
     (xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
     (xix) Denturists licensed under chapter 18.30 RCW;
     (xx) Orthotists and prosthetists licensed under chapter 18.200 RCW;
     (xxi) Surgical technologists registered under chapter 18.215 RCW; and
     (xxii) Recreational therapists.
     (b) The boards and commissions having authority under this chapter are as follows:
     (i) The podiatric medical board as established in chapter 18.22 RCW;
     (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;
     (iii) The dental quality assurance commission as established in chapter 18.32 RCW;
     (iv) The board of hearing and speech as established in chapter 18.35 RCW;
     (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
     (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;
     (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;
     (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;
     (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;
     (x) The board of physical therapy as established in chapter 18.74 RCW;
     (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;
     (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;
     (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and
     (xiv) The veterinary board of governors as established in chapter 18.92 RCW.
     (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.
     (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

Sec. 11   RCW 18.155.020 and 2001 2nd sp.s. c 12 s 401 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
     (1) "Certified sex offender treatment provider" means a licensed, certified, or registered health professional who is certified to examine and treat sex offenders pursuant to chapters 9.94A and 13.40 RCW and sexually violent predators under chapter 71.09 RCW.
     (2) "Certified affiliate sex offender treatment provider" means a licensed, certified, or registered health professional who is certified as an affiliate to examine and treat sex offenders pursuant to chapters 9.94A and 13.40 RCW and sexually violent predators under chapter 71.09 RCW under the supervision of a certified sex offender treatment provider.
     (3) "Department" means the department of health.
     (((3))) (4) "Secretary" means the secretary of health.
     (((4))) (5) "Sex offender treatment provider" or "affiliate sex offender treatment provider" means a person who counsels or treats sex offenders accused of or convicted of a sex offense as defined by RCW 9.94A.030.

Sec. 12   RCW 18.155.030 and 2001 2nd sp.s. c 12 s 402 are each amended to read as follows:
     (1) No person shall represent himself or herself as a certified sex offender treatment provider or certified affiliate sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter.
     (2) Only a certified sex offender treatment provider or certified affiliate sex offender treatment provider may perform or provide the following services:
     (a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.670 and 13.40.160;
     (b) Treatment of convicted sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated juvenile sex offenders who are ordered into treatment pursuant to chapter 13.40 RCW;
     (c) Except as provided under subsection (3) of this section, treatment of sexually violent predators who are conditionally released to a less restrictive alternative pursuant to chapter 71.09 RCW.
     (3) A certified sex offender treatment provider or certified affiliate sex offender treatment provider may not perform or provide treatment of sexually violent predators under subsection (2)(c) of this section if the ((certified sex offender)) treatment provider has been:
     (a) Convicted of a sex offense, as defined in RCW 9.94A.030;
     (b) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or
     (c) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction.

Sec. 13   RCW 18.155.040 and 1996 c 191 s 86 are each amended to read as follows:
     In addition to any other authority provided by law, the secretary shall have the following authority:
     (1) To set administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280;
     (2) To establish forms necessary to administer this chapter;
     (3) To issue a certificate or an affiliate certificate to any applicant who has met the education, training, and examination requirements for certification or an affiliate certification and deny a certificate to applicants who do not meet the minimum qualifications for certification or affiliate certification. Proceedings concerning the denial of certificates based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
     (4) To hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals including those certified under this chapter to serve as examiners or consultants as necessary to implement and administer this chapter;
     (5) To maintain the official department record of all applicants and certifications;
     (6) To conduct a hearing on an appeal of a denial of a certificate on the applicant's failure to meet the minimum qualifications for certification. The hearing shall be conducted pursuant to chapter 34.05 RCW;
     (7) To issue subpoenas, statements of charges, statements of intent to deny certificates, and orders and to delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements of intent to deny certificates;
     (8) To determine the minimum education, work experience, and training requirements for certification or affiliate certification, including but not limited to approval of educational programs;
     (9) To prepare and administer or approve the preparation and administration of examinations for certification;
     (10) To establish by rule the procedure for appeal of an examination failure;
     (11) To adopt rules implementing a continuing competency program;
     (12) To adopt rules in accordance with chapter 34.05 RCW as necessary to implement this chapter.

NEW SECTION.  Sec. 14   A new section is added to chapter 18.155 RCW to read as follows:
     The department shall issue an affiliate certificate to any applicant who meets the following requirements:
     (1) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;
     (2) Successful completion of an examination administered or approved by the secretary;
     (3) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment; and
     (4) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider.