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SUBSTITUTE HOUSE BILL 2380
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AS AMENDED BY THE SENATE
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 01/31/94.
Modifying malpractice insurance
coverage.
AN ACT Relating to
mandated malpractice coverage for health care practitioners; and amending RCW
18.130.330 and 48.22.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 18.130.330 and 1993
c 492 s 412 are each amended to read as follows:
(1) Except to
the extent that liability insurance is not available, every licensed,
certified, or registered health care practitioner whose services are
included in the uniform benefits package, as determined by RCW 43.72.130, and
whose scope of practice includes independent practice, shall, as a condition of
licensure and relicensure, be required to provide evidence of a minimum level
of malpractice insurance coverage ((issued by a company authorized to do
business in this state. On or)) of a type satisfactory to the
department before ((January 1, 1994,)) July 1, 1995.
The department
shall designate by rule:
(((1))) (a)
Those health professions whose scope of practice includes independent practice;
(((2))) (b)
For each health profession whose scope of practice includes independent
practice, whether malpractice insurance is available; ((and
(3))) (c) If such insurance is available, the
appropriate minimum level of mandated coverage; and
(d) The types of
malpractice insurance coverage that will satisfy the requirements of this
section.
(2) By December 1,
1994, the department of health shall submit recommendations to appropriate
committees of the legislature regarding implementation of this section. The
report shall address at least the following issues:
(a) Whether
exemption of a health care practitioner from the requirements of this section,
including but not limited to health care practitioners employed by the federal
government and retired health care practitioners, is appropriate; and
(b) Whether
malpractice coverage provided by an employer should be recognized as satisfying
the requirements of this section.
Sec. 2. RCW 48.22.080 and 1993 c
492 s 413 are each amended to read as follows:
Effective
July 1, 1994, a casualty insurer's issuance of a new medical malpractice policy
or renewal of an existing medical malpractice policy to a physician or other
independent health care practitioner shall be conditioned upon that
practitioner's participation in, and completion of, an insurer-designed health
care liability risk management training program once every three years. Completion
of said training program during 1994 shall satisfy the first three-year
training requirement. The risk management training shall provide
information related to avoiding adverse health outcomes resulting from
substandard practice and minimizing damages associated with the adverse health
outcomes that do occur. For purposes of this section, "independent health
care practitioners" means those health care practitioner licensing
classifications designated by the department of health in rule pursuant to RCW
18.130.330.
