SHB 1850 -
By Representative Schual-Berke
ADOPTED 01/27/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 18.130
RCW to read as follows:
(1) As used in this section, "emergency or disaster" has the same
meaning as in RCW 38.52.010.
(2) The secretary shall issue a retired volunteer medical worker
license to any applicant who:
(a) Has held an active license issued by a disciplining authority
under RCW 18.130.040 no more than ten years prior to applying for an
initial license under this section;
(b) Does not have any current restrictions on the ability to obtain
a license for violations of this chapter; and
(c) Submits proof of registration as a volunteer with a local
organization for emergency services or management as defined by chapter
38.52 RCW.
(3) License holders under this section must be supervised and may
practice only those duties that correspond to the scope of their
emergency worker assignment not to exceed their scope of practice prior
to retirement.
(4) The department shall adopt rules and policies to implement this
section.
(5) The department shall establish standards for the renewal of
licenses issued under this section, including continuing competency
requirements.
(6) License holders under this section are subject to the
provisions of this chapter as they may apply to the issuance and denial
of credentials, unauthorized practice, and discipline for acts of
unprofessional conduct.
(7) Nothing in this section precludes a health care professional
who holds an active license from providing medical services during an
emergency or disaster.
(8) The cost of regulatory activities for license holders under
this section must be borne in equal proportion by all health care
providers holding a license issued by a disciplining authority under
RCW 18.130.040.
NEW SECTION. Sec. 2 A new section is added to chapter 4.24 RCW
to read as follows:
(1) No act or omission by a covered volunteer while engaged in a
covered activity shall impose any liability for civil damages resulting
from such an act or omission upon:
(a) The covered volunteer;
(b) The supervisor or supervisors of the covered volunteer;
(c) Any health care facility or their officers or employees;
(d) The owner of the property or vehicle where the act or omission
may have occurred during the covered activity;
(e) Any local organization that registered the covered volunteer;
or
(f) The state or any state or local governmental entity.
(2) The immunity in subsection (1) of this section applies only
when the covered volunteer was engaged in a covered activity:
(a) Without compensation or expectation of compensation;
(b) Within the scope of their assigned duties;
(c) Under the direction of the local organization with which he or
she had been registered; and
(d) The act or omission does not constitute gross negligence or
willful or wanton misconduct.
(3) For purposes of this section:
(a) "Covered volunteer" means a person who is registered as an
emergency worker as defined in RCW 38.52.010 and who is also licensed
as a retired volunteer medical worker under section 1 of this act.
(b) "Covered activity" means:
(i) Providing assistance or transportation during an emergency or
disaster as defined in RCW 38.52.010, whether such assistance or
transportation is provided at the scene of the emergency or disaster,
an alternative care site, a hospital, or while in route to or from such
sites or between sites; or
(ii) Participating in an approved training or exercise in
preparation for an emergency or disaster.
Sec. 3 RCW 43.70.110 and 2005 c 268 s 2 are each amended to read
as follows:
(1) The secretary shall charge fees to the licensee for obtaining
a license. After June 30, 1995, municipal corporations providing
emergency medical care and transportation services pursuant to chapter
18.73 RCW shall be exempt from such fees, provided that such other
emergency services shall only be charged for their pro rata share of
the cost of licensure and inspection, if appropriate. The secretary
may waive the fees when, in the discretion of the secretary, the fees
would not be in the best interest of public health and safety, or when
the fees would be to the financial disadvantage of the state.
(2) Except as provided in RCW 18.79.202, until June 30, 2013, and
except for the cost of regulating retired volunteer medical workers in
accordance with section 1 of this act, fees charged shall be based on,
but shall not exceed, the cost to the department for the licensure of
the activity or class of activities and may include costs of necessary
inspection.
(3) Department of health advisory committees may review fees
established by the secretary for licenses and comment upon the
appropriateness of the level of such fees.
Sec. 4 RCW 43.70.250 and 2005 c 268 s 3 are each amended to read
as follows:
It shall be the policy of the state of Washington that the cost of
each professional, occupational, or business licensing program be fully
borne by the members of that profession, occupation, or business. The
secretary shall from time to time establish the amount of all
application fees, license fees, registration fees, examination fees,
permit fees, renewal fees, and any other fee associated with licensing
or regulation of professions, occupations, or businesses administered
by the department. In fixing said fees, the secretary shall set the
fees for each program at a sufficient level to defray the costs of
administering that program and the cost of regulating licensed
volunteer medical workers in accordance with section 1 of this act,
except as provided in RCW 18.79.202 until June 30, 2013. All such fees
shall be fixed by rule adopted by the secretary in accordance with the
provisions of the administrative procedure act, chapter 34.05 RCW."
EFFECT: Requires that an applicant for a retired volunteer medical
worker license be registered with a local emergency management
organization, but not a local public health jurisdiction.
Removes the requirement that local emergency management
organizations and local public health jurisdictions defend and hold
harmless retired volunteer medical workers. Adds immunity for
supervisors, health care facilities, owners of property or vehicles,
local organizations that register retired volunteer medical workers,
and state and local government agencies for liability arising from the
acts of retired volunteer medical workers who are registered as
emergency workers.