HOUSE BILL REPORT

EHB 2912

BYRepresentative Braddock

Making technical corrections in department of health statutes.

House Committe on Health Care

Majority Report:  Do pass.  (11)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, D. Sommers, Sprenkle, Vekich and Wolfe.

House Staff:Bill Hagens (786-7131)

AS PASSED HOUSE FEBRUARY 13, 1990

BACKGROUND:

The Department of Health was created in 1989.  Many of its responsibilities were transferred from the Department of Social & Health Services, the Department of Licensing, the Hospital Commission, the State Health Coordinating Council, and the Board of Pharmacy.

References to these agencies in the transferred statutes count in the thousands. To properly transfer in statute all these functions would make required legislation over 600 pages in length.  Therefore, it was decided to transfer these functions, initially, by reference and properly amend each transferred section of the the law at a subsequent date.

Language is needed to clarify the department's data collection and health promotor roles.

It is necessary to repeal one section of the law that inadvertently was not included in the Hospital Commission sunset repealers.

Statutes governing licensed practical nurses and physicians need updating.

Currently, review and approval under the certificate of need law is required for the residential portion, as well as the nursing home facility portion, of a community continuing care retirement community (CCRC).  Since the residential units in CCRCs have little influence on health costs, regulation is considered unnecessary.

SUMMARY:

The bill makes over a thousand technical and clarifying changes to the law of the following types:  1) Changing the names of the agency and administrator of the transferred functions to "department of health" and "secretary of health."  2) Correcting gender references;  and 3) Improving readability of the code by deleting the phrase "PROVIDED, THAT" from the text--this is an on-going request of the Code Reviser.

Language is added to clarify the Department of Health's role in data collection and injury and illness prevention.

A chapter of law, RCW 70.39.144, regarding the Hospital Commission, which was inadvertently excluded from the sunset repealers, is terminated effective June 30, 1990.

Numerous improvements are made to the licensed practical nurses' (LPNs) statutes.  Only LPNs may use the title or representation as a licensed practical nurse or practical nurse.  Membership of the LPN board is limited to two consecutive terms, except for members filling less that one-half of an uncompleted term. Members' terms continue until successors are appointed.  The board must meet at least quarterly. A majority of the board membership constitutes a quorum.  The board must appoint its officers annually.  The board is to consult with the State Board for Community College Education and the Superintendent of Public Instruction in approving the educational curriculum, and must also establish minimum standards for schools and programs.  Criteria for proof of safe practice, established by the board, is no longer limited to those whose licenses have lapsed.  An educational institution seeking approval as a school or program must submit evidence to the board that it is prepared to carry out the approved curriculum and meet other board standards.  Applicants for licensure must provide written information or completed other requirements of the board, and be free of violations of specifies acts of unprofessional conduct.  Applicants for renewal of licenses must provide evidence of knowledge and skill in current practice as required by the board or the license will lapse.  A lapsed license may be reinstated upon the payment of a renewal fee.  The qualifications of the executive secretary of the board are determined by the board and the Secretary of Health, and the authority of the Director of Licensing to fix the compensation of the executive secretary is repealed.

The physician assistant member of the board is permitted to participate in all matters before the board.  The number of non-physician members is changed from one to two.  Obsolete language is deleted.  A quorum is defined as a majority of the members serving.

The residential portion of a continuing care residential community is no longer required to obtain a certificate of need approval.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    No one.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    None.

House Committee - Testimony Against:      None.