_______________________________________________

                                ENGROSSED SUBSTITUTE SENATE BILL NO. 4949

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                                            C 216 L 86

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Wojahn, Johnson, Deccio, Kreidler, Bender and Zimmerman)

Read first time 2/3/86.

AN ACT Relating to health care assistants; amending RCW 18.135.030 and 18.135.060; and adding new sections to chapter 18.135 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 18.135 RCW to read as follows:

          The legislature declares that the citizenry of the state of Washington has a right to expect that health care assistants are sufficiently educated and trained to provide the services authorized under this chapter.  It is the intent of the legislature that the regulations implementing this chapter and governing the education and occupational qualifications, work experience, instruction and training of health care assistants ensure that the public health and welfare are protected.

        Sec. 2.  Section 4, chapter 281, Laws of 1984 and RCW 18.135.030 are each amended to read as follows:

          The director, or the director's designee, with the advice of designees of the board of medical examiners, the board of osteopathic medicine and surgery, the podiatry board, and the board of nursing, shall adopt rules necessary to administer, implement, and enforce this chapter and establish the minimum ((uniform)) requirements necessary for a health care facility or health care practitioner to certify a health care assistant capable of performing the functions authorized in this chapter.  The rules shall establish minimum requirements for each and every category of health care assistant.  Said rules shall be adopted after fair consideration of input from representatives of each category.  These requirements shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following factors:

          (1) The education and occupational qualifications ((of)) for the health care assistant ((including types and limitation of drugs or diagnostic agents which may be administered by injection by a health care assistant)) category;

          (2) The work experience ((of)) for the health care assistant category; ((and))

          (3) The instruction and training provided ((to)) for the health care assistant category; and

(4) The types of drugs or diagnostic agents which may be administered by injection by health care assistants working in a hospital or nursing home.  The rules established pursuant to this subsection shall not prohibit health care assistants working in a health care facility other than a nursing home or hospital from performing the functions authorized under this chapter.

        Sec. 3.  Section 6, chapter 281, Laws of 1984 and RCW 18.135.060 are each amended to read as follows:

          Any health care assistant certified pursuant to this chapter shall perform the functions authorized in this chapter only by delegation of authority from the health care practitioner and under the supervision of a health care practitioner acting within the scope of his or her license.  In the case of subcutaneous, intradermal and intramuscular and intravenous injections, a health care assistant may perform such functions only under the supervision of a health care practitioner having authority, within the scope of his or her license, to order such procedures.  The health care practitioner who ordered the procedure or a health care practitioner who could order the procedure under his or her license shall be physically present in the immediate area of a hospital or nursing home where the injection is administered.  Sensitivity agents being administered intradermally or by the scratch method are excluded from this requirement.

NEW SECTION. Sec. 4.  A new section is added to chapter 18.135 RCW to read as follows:

          (1) Each delegator, as defined under RCW 18.135.020(6) shall maintain a list of specific medications, diagnostic agents, and the route of administration of each that he or she has authorized for injection.  Both the delegator and delegatee shall sign the above list, indicating the date of each signature.  The signed list shall be forwarded to the director of the department of licensing and shall be available for review.

          (2) Delegatees are prohibited from administering any controlled substance as defined in RCW 69.50.101(2)(d), any experimental drug, and any cancer chemotherapy agent unless a delegator is physically present in the immediate area where the drug is administered.

                                                                                                                          Passed the Senate March 10, 1986.

                                                                                                                                       President of the Senate.

                                                                                                                           Passed the House March 4, 1986.

                                                                                                                                         Speaker of the House.