BILL REQ. #:  H-5544.1 

     AN ACT Relating to nada protocol therapy; amending RCW 18.06.045; reenacting and amending RCW 18.130.040; adding a new chapter to Title 18 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of health.
     (2) "Nada protocol" means the insertion of acupuncture needles into specific external auricular acupuncture points of the human ear for the purpose of assisting a person who is undergoing detoxification to treat alcoholism, substance abuse, or chemical dependency, or distress related to trauma or mental disorder.
     (3) "Secretary" means the secretary of health.

NEW SECTION.  Sec. 2   In addition to any other authority, the secretary has the authority to:
     (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter;
     (2) Establish all endorsement, examination, and renewal fees in accordance with RCW 43.70.110 and 43.70.250;
     (3) Establish forms and procedures necessary to administer this chapter;
     (4) Issue endorsements to applicants who have met the requirements for obtaining an endorsement and to deny an endorsement to applicants who do not meet the requirements;
     (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter;
     (6) Determine minimum training requirements and evaluate and designate those training programs from which graduation will be accepted as proof of eligibility to take a qualifying examination for applicants for obtaining an endorsement;
     (7) Determine which states have credentialing requirements equivalent to those of this state, and issue endorsements to applicants credentialed in those states without examination;
     (8) Establish continuing competency requirements for the renewal of an endorsement; and
     (9) Maintain the official department record of all applicants and endorsement holders.

NEW SECTION.  Sec. 3   (1) An individual who holds an endorsement issued under subsection (2) of this section may perform the nada protocol therapy only:
     (a)(i) Within the context of an approved treatment program under chapter 70.96A RCW;
     (ii) In a hospital, prison, outpatient clinic, or other setting approved by the secretary;
     (iii) Under the appropriate supervision of an acupuncturist licensed under chapter 18.06 RCW and trained in the nada protocol, an advanced registered nurse practitioner licensed under chapter 18.79 RCW and trained in the nada protocol, a naturopath licensed under chapter 18.36A RCW and trained in the nada protocol, a physician licensed under chapter 18.71 RCW and trained in the nada protocol, or an osteopathic physician licensed under chapter 18.57 RCW and trained in the nada protocol; or
     (b)(i) As an emergency worker registered with a local organization for emergency services or management as defined by chapter 38.52 RCW;
     (ii) Within the context of providing assistance during an emergency or disaster as defined in RCW 38.52.010;
     (iii) At the scene of the emergency or disaster, an alternative care site, or a hospital; and
     (iv) Under the appropriate supervision of an acupuncturist licensed under chapter 18.06 RCW and trained in the nada protocol, an advanced registered nurse practitioner licensed under chapter 18.79 RCW and trained in the nada protocol, a naturopath licensed under chapter 18.36A RCW and trained in the nada protocol, a physician licensed under chapter 18.71 RCW and trained in the nada protocol, or an osteopathic physician licensed under chapter 18.57 RCW and trained in the nada protocol.
     (2) The secretary shall issue an endorsement to any applicant who:
     (a) Holds a credential as a:
     (i) Licensed acupuncturist under chapter 18.06 RCW;
     (ii) Certified chemical dependency professional under chapter 18.205 RCW;
     (iii) Licensed mental health counselor under chapter 18.225 RCW;
     (iv) Licensed naturopath under chapter 18.36A RCW;
     (v) Licensed osteopathic physician under chapter 18.57 RCW;
     (vi) Licensed osteopathic physicians' assistant under chapter 18.57A RCW;
     (vii) Licensed physician under chapter 18.71 RCW;
     (viii) Licensed physician assistant under chapter 18.71A RCW;
     (ix) Licensed psychologist under chapter 18.83 RCW;
     (x) Licensed registered nurse or advanced registered nurse practitioner under chapter 18.79 RCW; or
     (xi) Licensed social worker under chapter 18.225 RCW;
     (b) Demonstrates successful completion of a training program in the nada protocol, including appropriate clean needle procedures, as approved by the secretary; and
     (c) Pays any required fees.
     (3) The secretary shall establish minimum qualifications for supervising acupuncturists, naturopaths, physicians, and osteopathic physicians and appropriate levels of supervision. Supervision requirements listed in subsection (1)(a)(iii) and (b)(iv) of this section do not apply to the independent performance of the nada protocol by an individual who meets supervisory qualifications.

NEW SECTION.  Sec. 4   After September 1, 2009, no person may perform the nada protocol in this state without having an endorsement issued under this chapter.

NEW SECTION.  Sec. 5   Nothing in this chapter shall be construed to prohibit or restrict:
     (1) The practice by an individual who holds a credential issued by the state to engage in the practice of a profession or occupation who is performing services within the authorized scope of practice of that profession or occupation;
     (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
     (3) The practice of the nada protocol by a person who is a regular student in a training program approved by the secretary, and whose performance of the nada protocol is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor; or
     (4) The practice of an individual who holds a credential listed in section 3(2)(a) of this act who does not obtain an endorsement under this chapter.

NEW SECTION.  Sec. 6   Applications for an endorsement must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for an endorsement provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application.

NEW SECTION.  Sec. 7   The secretary shall establish by rule the requirements and fees for renewal of an endorsement. Failure to renew the endorsement invalidates the endorsement and all privileges granted by the endorsement. If an endorsement has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by completing continuing competency requirements or meeting other standards determined by the secretary.

NEW SECTION.  Sec. 8   The uniform disciplinary act, chapter 18.130 RCW, governs practice without an endorsement, the issuance and denial of endorsements, and the disciplining of endorsement holders under this chapter. The secretary is the disciplining authority under this chapter.

NEW SECTION.  Sec. 9   Sections 1 through 8 of this act constitute a new chapter in Title 18 RCW.

Sec. 10   RCW 18.06.045 and 1995 c 323 s 6 are each amended to read as follows:
     Nothing in this chapter shall be construed to prohibit or restrict:
     (1) The practice by an individual credentialed under the laws of this state and performing services within such individual's authorized scope of practice;
     (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
     (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;
     (4) The practice of acupuncture by any person credentialed to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction of a school of acupuncture approved by the secretary or in an educational seminar by a professional organization of acupuncture, provided that in the latter case, the practice is supervised directly by a person licensed under this chapter or licensed under any other healing art whose scope of practice includes acupuncture;
     (5) The practice of the nada protocol by an individual holding an endorsement issued under chapter 18.-- RCW (the new chapter created in section 9 of this act).

Sec. 11   RCW 18.130.040 and 2007 c 269 s 17, 2007 c 253 s 13, and 2007 c 70 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 and designated apprentices 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;
     (xxii) Recreational therapists;
     (xxiii) Animal massage practitioners certified under chapter 18.240 RCW; ((and))
     (xxiv) Athletic trainers licensed under chapter 18.250 RCW; and
     (xxv) Persons holding an endorsement under chapter 18.-- RCW (the new chapter created in section 9 of this act).
     (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 governing licenses issued under chapter 18.32 RCW and licenses and registrations issued under chapter 18.260 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 and registrations 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.

NEW SECTION.  Sec. 12   This act takes effect July 1, 2008.