BILL REQ. #:  S-1872.1 

Read first time 02/23/2007.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to complementary and alternative health care; amending RCW 18.130.040; adding a new section to chapter 70.02 RCW; and adding a new chapter to Title 18 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that Washington citizens receive health care from a variety of health care providers. Some of those providers are presently not licensed or otherwise regulated by the state of Washington. The legislature intends that complementary and alternative health care shall be regulated only to the extent provided in this chapter.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Complementary and alternative health care" means healing methods and treatments including, but not limited to: (a) Acupressure; (b) anthroposophy; (c) aromatherapy; (d) ayurveda; (e) culturally traditional healing practices; (f) detoxification practices and therapies; (g) energetic healing; (h) polarity therapy; (i) folk practices; (j) healing practices utilizing heat, cold, water, touch, and light; (k) colostrum therapy; (l) healing touch; (m) herbology or herbalism; (n) homeopathy; (o) nondiagnostic iridology; (p) meditation; and (q) traditional Oriental practices, as Qigong energy healing. "Complementary and alternative health care" does not include surgery, X-ray radiation, administering or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, the use of medical devices as defined in chapter 18.71 RCW, any practice included in the practice of dentistry as defined in chapter 18.32 RCW, or the manipulation or adjustment of articulations of joints or the spine as described in chapter 18.25 RCW.
     (2) "Complementary and alternative health care client" means an individual who receives care from a complementary and alternative health care practitioner.
     (3) "Complementary and alternative health care practitioner" means a person who:
     (a) Provides complementary and alternative health care; and
     (b) Provides such care for remuneration or holds himself or herself out to the public as a practitioner of complementary and alternative health care.
     (4) "Department" means the department of health.
     (5) "Secretary" means the secretary of the department of health.

NEW SECTION.  Sec. 3   No individual shall provide complementary and alternative health care unless that individual is registered with the department in accordance with this chapter.

NEW SECTION.  Sec. 4   A practitioner may refer to himself or herself by a title or qualification conferred on the individual by virtue of degrees, training, experience, credentials, or other qualifications attained by the practitioner.

NEW SECTION.  Sec. 5   A health care practitioner licensed or registered by the department or a health-related licensing board, who provides complementary and alternative health care while practicing under the practitioner's license or registration, shall be regulated by, and be under the jurisdiction of, the applicable health-related licensing board with regard to complementary and alternative health care. A practitioner may not hold himself or herself out to the public as being licensed or registered by the department or a health-related licensing board when providing complementary and alternative health care.

NEW SECTION.  Sec. 6   A complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments.

NEW SECTION.  Sec. 7   This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal dietary supplement health and education act, educating customers about such products, or explaining the use of such products.

NEW SECTION.  Sec. 8   (1) The secretary shall prescribe an application form to register individuals who wish to provide complementary and alternative health care, requesting the following information from the applicant:
     (a) The applicant's name, home and business address, telephone number, gender, and date and location of birth;
     (b) The modalities the applicant practices;
     (c) The training and education the applicant has received;
     (d) Whether the applicant employs licensed health care professionals or works under the supervision of a licensed health care professional and, if so, the names and business information of those professionals;
     (e) Whether the applicant has been convicted of a felony;
     (f) Any health care license or certificate the applicant holds in Washington;
     (g) Whether an applicant voluntarily surrendered a license or certificate issued by a health-related licensing board in this state after civil or criminal charges were filed against the applicant in this state or another jurisdiction;
     (h) Any medical or physical conditions that may impair an applicant from providing complementary and alternative health care services;
     (i) Any treatment for alcohol abuse, controlled substance abuse, prescription drug abuse, or illegal drug abuse that an applicant has received during the ten years immediately preceding the date the applicant submits the application;
     (j) Any disciplinary action taken against the applicant by the department or a similar agency in another state that allows individuals to provide complementary and alternative health care;
     (k) Any current investigations involving the applicant conducted in a state that allows individuals to provide complementary and alternative health care.
     (2) The application form shall require the applicant to promise to provide each client with a copy of the client bill of rights required under this chapter, to obtain a signed copy of that bill of rights prior to providing any care to a client, and to retain a copy of each signed bill of rights and records of a client's care for a period of five years after the last visit by the client. The application form shall be signed by the applicant, and the information in the application form shall be provided by the applicant under penalty of perjury.
     (3) The department shall maintain a list of all registered complementary and alternative health care practitioners and any disciplinary actions taken against such practitioners.

NEW SECTION.  Sec. 9   (1) To register with the department, an applicant shall satisfy all of the following criteria:
     (a) Be at least eighteen years of age;
     (b) Complete the application form prescribed by the secretary and submit the form to the department; and
     (c) Pay a registration fee.
     (2) The department shall not register an applicant if the applicant was convicted of a felony or disciplined by the department or a comparable disciplinary authority in another jurisdiction. An applicant is not disqualified from registration if the felony or the disciplinary action against the applicant was for the provision of complementary and alternative health care as permitted under this chapter.

NEW SECTION.  Sec. 10   A registration issued under this chapter is valid for one year. A practitioner may renew such registration by providing to the department such information as it may prescribe and by paying a renewal fee.

NEW SECTION.  Sec. 11   (1) The department shall register complementary and alternative health care practitioners, investigate complaints, and take disciplinary actions against all complementary and alternative health care practitioners for violations of prohibited conduct, as defined in chapter 18.130 RCW.
     (2) The uniform disciplinary act, chapter 18.130 RCW, governs registered practice and the registration and discipline of persons under this chapter. The department is the disciplining authority under this chapter.
     (3) The department shall forward to the appropriate health-related licensing boards any complaints that fall within the jurisdiction of such boards.
     (4) The department shall provide any person who makes a complaint against a complementary and alternative health care practitioner a description of the department's actions relating to the complaint.

NEW SECTION.  Sec. 12   (1) All complementary and alternative health care practitioners shall provide to each complementary and alternative health care client prior to providing any care a written copy of the complementary and alternative health care client bill of rights. A copy must be posted in a prominent location in the office of the complementary and alternative health care practitioner. Reasonable accommodations shall be made for those clients who cannot read or who have communication impairments and those who do not read or speak English. The complementary and alternative health care bill of rights shall include the following:
     (a) The name, complementary and alternative health care title, business address, and telephone number of the complementary and alternative health care practitioner;
     (b) The degrees, training, experience, or other qualifications of the practitioner regarding the complementary and alternative health care being provided, followed by the following statement in bold print:

"THE STATE OF WASHINGTON HAS NOT ADOPTED ANY EDUCATIONAL AND TRAINING STANDARDS FOR COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER MAY NOT PROVIDE A MEDICAL DIAGNOSIS OR RECOMMEND DISCONTINUANCE OF MEDICALLY PRESCRIBED TREATMENTS. IF A CLIENT DESIRES A DIAGNOSIS FROM OTHER HEALTH CARE PROVIDERS AUTHORIZED TO MAKE A DIAGNOSIS, THE CLIENT MAY SEEK SUCH SERVICES AT ANY TIME."

"I HOLD THE FOLLOWING LICENSES AND CERTIFICATIONS ISSUED BY THE STATE OF WASHINGTON: (list of licenses and certifications). HOWEVER, I AM PROVIDING MY SERVICES TO YOU AS A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER AND NOT AS A LICENSED HEALTH CARE PROFESSIONAL. THE STATE HAS NOT ADOPTED ANY EDUCATION OR TRAINING REQUIREMENTS FOR COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS."

NEW SECTION.  Sec. 13   The information and records of a complementary and alternative health care practitioner pertaining to a client shall be privileged communications, the same as now or hereafter may exist in the relationship of physician and patient, and shall not be released or subjected to disclosure without the client's consent or as otherwise required by law.

NEW SECTION.  Sec. 14   A new section is added to chapter 70.02 RCW to read as follows:
     Complementary and alternative health care practitioners registered under chapter 18.-- RCW (sections 1 through 13 of this act) are subject to this chapter.

Sec. 15   RCW 18.130.040 and 2004 c 38 s 2 are each 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; ((and))
     (xxii) Recreational therapists; and
     (xxiii) Complementary and alternative health care practitioners registered under chapter 18.-- RCW (sections 1 through 13 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;
     (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. 16   Sections 1 through 13 of this act constitute a new chapter in Title 18 RCW.