BILL REQ. #:  H-4981.2 

READ FIRST TIME 02/04/08.   

     AN ACT Relating to health care devices and procedures; adding a new section to chapter 18.22 RCW; adding a new section to chapter 18.25 RCW; adding a new section to chapter 18.32 RCW; adding a new section to chapter 18.36A RCW; adding a new section to chapter 18.57 RCW; adding a new section to chapter 18.71 RCW; adding a new section to chapter 18.74 RCW; adding a new section to chapter 18.79 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature intends to prohibit the use of those instruments and procedures that have no legitimate use for the provision of health care. Such devices pose a risk to the public by denying or delaying legitimate, proven methods of treatment to patients who need it.
     The legislature finds that medical instruments and procedures that may not have accepted uses at the time of their initial release may achieve acceptance in the medical field in the future. The legislature, therefore, expects that consideration shall be given to the evolving nature of medicine as reviews of instruments and procedures are conducted.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.22 RCW to read as follows:
     (1) The board may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by a podiatric physician or surgeon for therapeutic or diagnostic purposes.
     (2) Any rules must be based upon consideration of the following factors as applicable to any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved schools of podiatric medicine and surgery;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the board.
     (3)(a) A podiatric physician or surgeon licensed under this chapter or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the board determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instruments, procedure, or category of procedures that has been prohibited by the board constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.25 RCW to read as follows:
     (1) The commission may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by a chiropractor for treatment or diagnostic evaluation.
     (2) Any rules must be based upon consideration of the following factors as applicable to any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved chiropractic schools and colleges;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the commission.
     (3)(a) Any chiropractor licensed under this chapter or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the commission determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instruments, procedure, or category of procedures that has been prohibited by the commission constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.32 RCW to read as follows:
     (1) The commission may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by a dentist for treatment or diagnostic evaluation.
     (2) Any rules must be based upon consideration of the following factors as applicable to any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved schools of dentistry;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the commission.
     (3)(a) Any dentist licensed under this chapter or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the commission determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instruments, procedure, or category of procedures that has been prohibited by the commission constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION.  Sec. 5   A new section is added to chapter 18.36A RCW to read as follows:
     (1) The secretary, in coordination with the committee, may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by a naturopath for treatment or diagnostic evaluation.
     (2) Any rules must be based upon consideration of the following factors for any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved naturopathic education programs;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the secretary, in coordination with the committee.
     (3)(a) Any naturopath licensed under this chapter or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the secretary, in coordination with the committee, determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instruments, procedure, or category of procedures that has been prohibited by the secretary constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION.  Sec. 6   A new section is added to chapter 18.57 RCW to read as follows:
     (1) The board may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by an osteopathic physician or surgeon or osteopathic physicians' assistant for treatment or diagnostic evaluation.
     (2) Any rules must be based upon consideration of the following factors for any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved schools of osteopathic medicine or osteopathic physician assistant training programs;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the board.
     (3)(a) Any osteopathic physician or surgeon licensed under this chapter or osteopathic physicians' assistant licensed under chapter 18.57A RCW or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the board determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instruments, procedure, or category of procedures that has been prohibited by the board constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION.  Sec. 7   A new section is added to chapter 18.71 RCW to read as follows:
     (1) The commission may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by a physician or surgeon or physician assistant for treatment or diagnostic evaluation.
     (2) Any rules must be based upon consideration of the following factors for any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved schools of medicine or physician assistant programs;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the commission.
     (3)(a) Any physician or surgeon licensed under this chapter or physician assistant licensed under chapter 18.71A RCW or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the commission determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instruments, procedure, or category of procedures that has been prohibited by the commission constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION.  Sec. 8   A new section is added to chapter 18.74 RCW to read as follows:
     (1) The board may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by a physical therapist for therapeutic or diagnostic purposes.
     (2) Any rules must be based upon consideration of the following factors for any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved physical therapy programs;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the board.
     (3)(a) A physical therapist licensed under this chapter or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the board determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instrument, procedure, or category of procedures that has been prohibited by the board constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION.  Sec. 9   A new section is added to chapter 18.79 RCW to read as follows:
     (1) The commission may adopt rules to identify those instruments, categories of instruments, procedures, or categories of procedures that are approved or prohibited for use by an advanced registered nurse practitioner for treatment or diagnostic evaluation.
     (2) Any rules must be based upon consideration of the following factors for any procedure, category of procedures, instrument, or category of instruments to be approved or prohibited:
     (a) The instruction of use of the procedure, category of procedures, instrument, or category of instruments at approved schools of nursing;
     (b) The scientific basis for the use of the procedure, category of procedures, instrument, or category of instruments;
     (c) Any direct and positive relationship between the procedure, category of procedures, instrument, or category of instruments and patient care;
     (d) A comparison of potential risks and benefits to the patient; and
     (e) Other factors deemed relevant by the commission.
     (3)(a) An advanced registered nurse practitioner licensed under this chapter or manufacturer or vendor of an instrument or category of instruments for treatment or diagnostic evaluation may request that the commission determine the classification of a procedure, category of procedures, instrument, or category of instruments not addressed by the rules.
     (b) The use of an instrument, category of instruments, procedure, or category of procedures that has been prohibited by the commission constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.