READ FIRST TIME 03/01/05.   

     AN ACT Relating to retired volunteer medical workers; amending RCW 43.70.110 and 43.70.250; adding a new section to chapter 18.130 RCW; and adding a new section to chapter 38.52 RCW.

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

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 38.52 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.