H-3701 _______________________________________________
HOUSE BILL NO. 1324
_______________________________________________
State of Washington 50th Legislature 1988 Regular Session
By Representatives Hankins and H. Sommers
Read first time 1/12/88 and referred to Committee on State Government.
AN ACT Relating to sunset review and termination dates; amending RCW 42.48.020, 71.34.100, and 41.04.395; adding new sections to chapter 43.131 RCW; repealing RCW 28B.25.010, 28B.25.020, 28B.25.030, 28B.25.040, 28B.25.050, 28B.25.060, 18.85.500, 28A.120.070, 28A.120.038, 28B.102.040, 28B.04.085, 28A.125.020, 28C.15.010, 28C.15.020, 28C.15.030, and 28C.15.900; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: PART I
HUMAN RESEARCH REVIEW BOARD
Sec. 1. Section 2, chapter 334, Laws of 1985 and RCW 42.48.020 are each amended to read as follows:
(1) A state agency may authorize or provide access to or provide copies of an individually identifiable personal record for research purposes if informed written consent for the disclosure has been given to the appropriate department secretary, or the president of the institution, as applicable, or his or her designee, by the person to whom the record pertains or, in the case of minors and legally incompetent adults, the person's legally authorized representative.
(2) A state agency may authorize or provide access to or provide copies of an individually identifiable personal record for research purposes without the informed consent of the person to whom the record pertains or the person's legally authorized representative, only if:
(a) The
state agency adopts research review and approval rules ((including, but not
limited to, the requirement that the appropriate department secretary, or the
president of the institution, as applicable, appoint a standing human research
review board competent)) to review research proposals as to ethical and
scientific soundness; and the ((review board)) state agency
determines that the disclosure request has scientific merit and is of
importance in terms of the agency's program concerns, that the research
purposes cannot be reasonably accomplished without disclosure of the
information in individually identifiable form and without waiver of the
informed consent of the person to whom the record pertains or the person's
legally authorized representative, that disclosure risks have been minimized,
and that remaining risks are outweighed by anticipated health, safety, or
scientific benefits; and
(b) The disclosure does not violate federal law or regulations; and
(c) The state agency negotiates with the research professional receiving the records or record information a written and legally binding confidentiality agreement prior to disclosure. The agreement shall:
(i) Establish specific safeguards to assure the continued confidentiality and security of individually identifiable records or record information;
(ii) Ensure that the research professional will report or publish research findings and conclusions in a manner that does not permit identification of the person whose record was used for the research. Final research reports or publications shall not include photographs or other visual representations contained in personal records;
(iii) Establish that the research professional will destroy the individual identifiers associated with the records or record information as soon as the purposes of the research project have been accomplished and notify the agency to this effect in writing;
(iv) Prohibit any subsequent disclosure of the records or record information in individually identifiable form except as provided in RCW 42.48.040; and
(v) Provide for the signature of the research professional, of any of the research professional's team members who require access to the information in identified form, and of the agency official authorized to approve disclosure of identifiable records or record information for research purposes.
NEW SECTION. Sec. 2. Section 1 of this act shall take effect June 30, 1990. PART II
JOINT CENTER FOR HIGHER EDUCATION
NEW SECTION. Sec. 3. A new section is added to chapter 43.131 RCW to read as follows:
The joint center for higher education and its powers and duties shall be terminated on June 30, 1991, as provided in section 4 of this act.
NEW SECTION. Sec. 4. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1992:
(1) Section 97, chapter 370, Laws of 1985 and RCW 28B.25.010;
(2) Section 98, chapter 370, Laws of 1985 and RCW 28B.25.020;
(3) Section 99, chapter 370, Laws of 1985 and RCW 28B.25.030;
(4) Section 100, chapter 370, Laws of 1985 and RCW 28B.25.040;
(5) Section 101, chapter 370, Laws of 1985 and RCW 28B.25.050; and
(6) Section 102, chapter 370, Laws of 1985 and RCW 28B.25.060. PART III
JUVENILE PLACEMENT COMMITTEE
Sec. 5. Section 10, chapter 354, Laws of 1985 and RCW 71.34.100are each amended to read as follows:
(1) If a minor is committed for one hundred eighty-day inpatient treatment and is to be placed in a state-supported program, the secretary shall accept immediately and place the minor in a state-funded long-term evaluation and treatment facility.
(2) The
secretary(('s placement authority)) shall ((be exercised through a
designated placement committee appointed by the secretary and composed of
children's mental health specialists, including at least one child psychiatrist
who represents the state-funded, long-term, evaluation and treatment facility
for minors. The responsibility of the placement committee will be to)):
(a) Make the long-term placement of the minor in the most appropriate, available state-funded evaluation and treatment facility, having carefully considered factors including the treatment needs of the minor, the most appropriate facility able to respond to the minor's identified treatment needs, the geographic proximity of the facility to the minor's family, the immediate availability of bed space, and the probable impact of the placement on other residents of the facility;
(b) Approve or deny requests from treatment facilities for transfer of a minor to another facility;
(c) Receive and monitor reports required under this section;
(d) Receive and monitor reports of all discharges.
(3) The secretary may authorize transfer of minors among treatment facilities if the transfer is in the best interests of the minor or due to treatment priorities.
(4) The
responsible state-funded evaluation and treatment facility shall submit a
report to the ((department's designated placement committee)) secretary
within ninety days of admission and no less than every one hundred eighty days
thereafter, setting forth such facts as the department requires, including the
minor's individual treatment plan and progress, recommendations for future treatment,
and possible less restrictive treatment.
NEW SECTION. Sec. 6. Section 5 of this act shall take effect June 30, 1991. PART IV
LOW-INCOME HOUSING ASSISTANCE ADVISORY COMMITTEE
NEW SECTION. Sec. 7. A new section is added to chapter 43.131 RCW to read as follows:
The low-income housing assistance advisory committee provided for in RCW 43.185.110 and its powers and duties shall be terminated on June 30, 1996. PART V
BROKER'S TRUST ACCOUNT BOARD
NEW SECTION. Sec. 8. A new section is added to chapter 43.131 RCW to read as follows:
The broker's trust account board and its powers and duties shall terminate on June 30, 1996, as provided in section 9 of this act.
NEW SECTION. Sec. 9. A new section is added to chapter 43.131 RCW to read as follows:
Section 8, chapter 513, Laws of 1987 and RCW 18.85.500, as now or hereafter amended, are each repealed, effective June 30, 1997.
PART VI
GOVERNOR'S SCHOOL DROPOUT PREVENTION TASK FORCE
NEW SECTION. Sec. 10. Section 218, chapter 518, Laws of 1987 and RCW 28A.120.070, as now existing or hereafter amended, are each repealed, effective June 30, 1992.
PART VII
SUBSTANCE ABUSE ADVISORY COMMITTEE
NEW SECTION. Sec. 11. Section 209, chapter 518, Laws of 1987 and RCW 28A.120.038, as now existing or hereafter amended, are each repealed, effective June 30, 1992.
PART VIII
FUTURE TEACHER'S CONDITIONAL SCHOLARSHIP PLANNING COMMITTEE
NEW SECTION. Sec. 12. Section 4, chapter 437, Laws of 1987 and RCW 28B.102.040, as now existing or hereafter amended, are each repealed, effective June 30, 1994.
PART IX
DISPLACED HOMEMAKER PROGRAM ADVISORY COMMITTEE
NEW SECTION. Sec. 13. Section 2, chapter 230, Laws of 1987 and RCW 28B.04.085, as now existing or hereafter amended, are each repealed, effective June 30, 1997.
PART X
DISABILITY ACCOMMODATION ADVISORY REVIEW BOARD
Sec. 14. Section 2, chapter 9, Laws of 1987 and RCW 41.04.395 are each amended to read as follows:
(1) The disability accommodation revolving fund is created in the custody of the state treasurer. Disbursements from the fund shall be on authorization of the director of the department of personnel or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. The fund shall be used exclusively by state agencies to accommodate the unanticipated job site or equipment needs of persons of disability in state employ.
(2) ((The
director of the department of personnel shall appoint an advisory review board
to review and approve requests for disbursements from the disability
accommodation revolving fund. The review board shall establish application
procedures, adopt criteria, and provide technical assistance to users of the
fund.
(3))) Agencies that receive moneys from the disability
accommodation revolving fund shall return to the fund the amount received from
the fund by no later than the end of the first month of the following fiscal
biennium.
NEW SECTION. Sec. 15. Section 14 of this act shall take effect June 30, 1989. PART XI
ADVISORY COMMITTEE ON INTERNATIONAL EDUCATION
WORKING COMMITTEE ON INTERNATIONAL EDUCATION
NEW SECTION. Sec. 16. Section 2, chapter 349, Laws of 1987 and RCW 28A.125.020, as now existing or hereafter amended, are each repealed, effective June 30, 1991.
PART XII
WASHINGTON INSTITUTE OF APPLIED TECHNOLOGY
NEW SECTION. Sec. 17. A new section is added to chapter 43.131 RCW to read as follows:
The public nonprofit corporation authorized by RCW 28C.15.020, its board of directors, and the Washington institute of applied technology, and the powers and duties of each, shall be terminated on June 30, 1991, as provided in section 18 of this act.
NEW SECTION. Sec. 18. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1992:
(1) Section 1, chapter 492, Laws of 1987 and RCW 28C.15.010;
(2) Section 2, chapter 492, Laws of 1987 and RCW 28C.15.020;
(3) Section 3, chapter 492, Laws of 1987 and RCW 28C.15.030; and
(4) Section 4, chapter 492, Laws of 1987 and RCW 28C.15.900.