BILL REQ. #:  H-3793.2 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to requiring a rule-making process to interpret the scope of practice of a health care profession; adding a new section to chapter 18.130 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds:
     (a) A health care profession's scope of practice must be carefully regulated to prevent a practitioner from performing procedures, tasks, or other acts that exceed his or her level of training and education;
     (b) The legislature establishes a health care profession's scope of practice to ensure practitioners perform only those procedures, tasks, or other acts within the level of training and education appropriate for that profession;
     (c) When questions arise regarding the competency and authority of a health care profession to perform a particular act, the disciplining authority is authorized to adopt a rule interpreting the scope of practice, but may not expand a scope of practice; and
     (d) Interpreting a scope of practice without a rule-making process deprives practitioners and other interested parties of notice and an opportunity for comment.
     (2) Therefore, to protect the public health, safety, and welfare, the legislature intends to require disciplining authorities to engage in a rule-making process when interpreting the scope of practice of a health care profession.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.130 RCW to read as follows:
     (1) A disciplining authority may not expand the scope of practice for a profession under its authority.
     (2) Except as provided in RCW 18.79.110, a disciplining authority may not interpret the scope of practice of a profession under its authority except by a rule adopted under chapter 34.05 RCW. Any interpretation of a scope of practice by a disciplining authority, other than by rule, is void.
     (3) A license holder is not subject to disciplinary action or civil liability for performing an act, task, or procedure before the effective date of this section if:
     (a) The disciplining authority interpreted the scope of practice to include the relevant act, task, or procedure;
     (b) The license holder reasonably relied on the disciplining authority's interpretation of the scope of practice; and
     (c) The license holder performed the act, task, or procedure within the applicable standard of care.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.