CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1608
Chapter 102, Laws of 2020
66TH LEGISLATURE
2020 REGULAR SESSION
HEALTH CARE PROVIDERS--PROVIDING INFORMATION TO PATIENTS
EFFECTIVE DATE: June 11, 2020
Passed by the House February 17, 2020
  Yeas 65  Nays 33
LAURIE JINKINS

Speaker of the House of Representatives
Passed by the Senate March 4, 2020
  Yeas 39  Nays 7
CYRUS HABIB

President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1608 as passed by the House of Representatives and the Senate on the dates hereon set forth.
BERNARD DEAN

Chief Clerk
Chief Clerk
Approved March 25, 2020 2:49 PM
FILED
March 26, 2020
JAY INSLEE

Governor of the State of Washington
Secretary of State
State of Washington

ENGROSSED SUBSTITUTE HOUSE BILL 1608

Passed Legislature - 2020 Regular Session
State of Washington
66th Legislature
2019 Regular Session
ByHouse Health Care & Wellness (originally sponsored by Representatives Macri, Dolan, Slatter, Stonier, Robinson, Kilduff, Riccelli, Senn, Goodman, Tharinger, Jinkins, Davis, Cody, Appleton, Kloba, Ortiz-Self, Valdez, Frame, Pollet, Stanford, Tarleton, and Leavitt)
READ FIRST TIME 02/22/19.
AN ACT Relating to protecting patient care; adding a new section to chapter 43.70 RCW; and adding a new chapter to Title 70 RCW.
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) "Health care entity" means an entity that supervises, controls, grants privileges to, directs the practice of, or directly or indirectly restricts the practice of, a health care provider.
(3) "Health care provider" has the same meaning as in RCW 70.02.010.
(4) "Medically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-reviewed journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field.
NEW SECTION.  Sec. 2. (1) If a health care provider is acting in good faith, within the provider's scope of practice, education, training, and experience, including specialty areas of practice and board certification, and within the accepted standard of care, a health care entity may not:
(a) Limit the health care provider's provision of:
(i) Medically accurate and comprehensive information and counseling to a patient regarding the patient's health status including, but not limited to, diagnosis, prognosis, recommended treatment, treatment alternatives, and any potential risks to the patient's health or life; and
(ii) Information about available services and about what relevant resources are available in the community and how to access those resources for obtaining the care of the patient's choice;
(b) Limit the health care provider's provision of information about and regarding Washington's death with dignity act, chapter 70.245 RCW, information about what relevant resources are available in the community, and how to access those resources for obtaining the care of the patient's choice.
(2) A health care entity may not discharge, demote, suspend, discipline, or otherwise discriminate against a health care provider for providing information in compliance with this section.
(3) If any part of this section is found to be in conflict with federal requirements which are a prescribed condition to the receipts of federal funds to the state, the conflicting part of this section is inoperative solely to the extent of the conflict with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of the section.
NEW SECTION.  Sec. 3. A health care entity must provide the information prepared by the department under section 4(1) of this act at the time of hiring, contracting with, or privileging health care providers and staff, and on a yearly basis thereafter. Hospitals must also provide information to clearly inform health care providers and staff of the provisions of the federal emergency medical treatment and labor act (42 U.S.C. Sec. 1395dd), including obligations to screen, stabilize, and transfer patients, at the time of hiring, contracting with, or privileging health care providers and staff, and on a yearly basis thereafter.
NEW SECTION.  Sec. 4. A new section is added to chapter 43.70 RCW to read as follows:
(1) The department must design, prepare, and make available online, written materials to clearly inform health care providers and staff of the provisions of, and authority to act under, chapter 70.--- RCW (the new chapter created in section 5 of this act).
(2) The department must design, prepare, and make available online, written materials to provide information to providers and patients regarding Washington's death with dignity act, chapter 70.245 RCW.
NEW SECTION.  Sec. 5. Sections 1 through 3 of this act constitute a new chapter in Title 70 RCW.
Passed by the House February 17, 2020.
Passed by the Senate March 4, 2020.
Approved by the Governor March 25, 2020.
Filed in Office of Secretary of State March 26, 2020.
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