Today is policy committee cutoff, marking the first major milestone of the 2023 legislative session. By 5:00 PM today, bills must be voted out of their policy committee in order to stay “alive” and continue along in the legislative process. Accordingly, this week, the Legislature devoted most of its committee time to executive session work as well as floor action. Below is an update on WSDA’s week six activities in Olympia.

Preventing Use of Vapor and Tobacco Products by Minors (Substitute Senate Bill 5365)

SSB 5365 increases the maximum monetary penalties the Liquor and Cannabis Board (LCB) may impose against cigarette and tobacco products retailer licensees and vapor products retailer licensees for violations of provisions related to selling or giving cigarette, tobacco, or vapor products to minors. The substitute bill reinstates the provision that if an officer has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco or vapor products is under 18, the officer may detain the person for a reasonable period of time and manner to determine the person's true identity and date of birth and seized the products. However, the provision is limited to LCB enforcement officers and when the actions take place in proximity to a retailer licensee, which is defined as within 100 feet or less. Lastly, SSB 5365 repeals the sanctions and fines for purchasing, possessing cigarette, tobacco, or vapor products by persons under 18.

WSDA signed in PRO on SSB 5365, and the bill passed out of the Senate Labor & Commerce Committee on Feb. 14.

Establishing COVID-19 as an Occupational Disease (House Bill 1785)

HB 1785 modifies the Health Emergency Labor Standards Act by specifying that certain infectious or contagious diseases proximately caused by employment or work conditions during a public health emergency are occupational diseases for all workers for the purposes of workers' compensation claims and benefits. The bill overturns a Board of Industrial Insurance Appeals' decision where it determined that there was nothing distinctive in the worker’s employment that constituted a claim to workers’ compensation when the worker contracted COVID-19..

WSDA signed in CON on HB 1785. This bill failed to be voted out of the Senate Labor & Commerce Committee and is therefore “dead” for the session.

Update on Legislation from Weeks 1-5 Blogs

Increasing the Health Care Workforce by Authorizing Out-of-State Providers to Practice Immediately (Substitute House Bill 1547)

SHB 1547 relates to increasing the health care workforce by authorizing out-of-state providers to practice immediately. The substitute bill, SHB 1547, adopted in the House Health Care & Wellness Committee on Feb. 10, significantly narrowed the bill to apply only to registered nurses, registered nurse practitioners, or licensed practical nurses. The substitute requires the Department of Health to issue an expedited temporary license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse to a person who holds a current license in California, Idaho, or Oregon and meets certain other requirements.

WSDA had signed in PRO on HB 1547.

Military Spouse Employment (Second Substitute House Bill 1009)

2SHB 1009 establishes that a licensing authority must issue a license or a temporary license to a military spouse within 30 days of receipt of a completed application for licensure. The second substitute defines military spouse as “any person married or previously married to a military service member, irrespective of the length of the marriage, during the military service member's service in any branch of the United States armed forces as an active-duty service member, reservist, or national guard member.” 2SHB 1009 requires certain state agencies, including the Department of Health and Department of Licensing, to establish a military spouse assistance webpage. The bill encourages licensing authorities to review their licensing application process for military spouses, identify barriers to military spouse employment, and appoint a military spouse to serve on their licensing board or commission. Finally, SHB 1009 allows a military spouse to terminate an employment contract without penalty after his or her service member spouse receives orders for a permanent change of station.

2SHB 1009 passed out of the House of Representatives unanimously on Feb. 15, and floor action can be viewed on TVW [14:43-19:25].

WSDA signed in PRO on 2SHB 1009.

Concerning Injured Workers’ Rights During Compelled Medical Examinations (Substitute House Bill 1068/Senate Bill 5212)

SHB 1068/SB 5212 allows an injured worker to make an audio and video recording of an independent medical examination, and also allows one person of the worker’s choosing to be present during the examination, with the exception that the guest is not the worker’s legal representative.

The substitute bill specifies that the worker may not hold the recording equipment while the examination is occurring. In addition, SHB 1068 specifies that the third-party observer may not be an employee of the worker’s legal representative, the worker’s attending provider, or the attending provider’s employee.

SHB 1068 passed the House of Representatives, with a vote of 65-33 on Feb. 15, and floor action can be viewed on TVW [5:35-14:42].

WSDA signed in CON on SHB 1068.

Currently Credentialed Dental Auxiliaries (House Bill 1466)

HB 1466 aims to make it easier and faster for in state and out-of-state dental hygienists, in good standing, to obtain a WA license and start providing preventive care sooner. Amendments adopted in the House Health Care & Wellness Committee on Feb. 17 significantly narrowed the bill. The amended bill removes all provisions related to creating endorsements for local anesthesia, nitrous sedation, and restorative procedures. HB 1466 does retain provisions that rename the limited license as a temporary license, remove the active practice requirement, and the remove the AIDS education requirements for obtaining a temporary license. Lastly, the amended bill modifies the temporary license by extending the expiration of the license from 18 months to three years.

HB 1466 passed out of the House Health Care & Wellness Committee on Feb. 17, and executive session can be viewed on TVW [2:36-3:47 and 14:40-17:29].

WSDA, Delta Dental of Washington, and member dentists testified in support of HB 1466 during the bill’s public hearing in the House Health Care & Wellness Committee on Feb. 7, and testimonies can be viewed on TVW [Bracken Killpack (49:23-51:37), Diane Oakes (51:38-53:55), Dr. Ashely Ulmer (53:56-56:46), and Scott Henderson (1:06:35-1:08:55)].

Establishing and Authorizing the Profession of Dental Therapy (Substitute House Bill 1678/Senate Bill 5685)

SHB 1678 establishes the profession of dental therapy in Washington. If enacted, SHB 1678 allows those with as little as three years of training to perform irreversible procedures on our most vulnerable populations. Patients with limited access to care often live with medical complexities that require expert skills in assessment, diagnosis, and support during treatment. These needs far exceed the scope of practice of a dental therapist.

A substitute bill, SHB 1678, was adopted by the House Health Care & Wellness Committee on Feb. 17. The substitute version adds dentists that are exempt from licensure under the Indian Health Care Improvement Act to the definition of dentist, authorizing them to supervise dental therapists. SHB 1678 also modifies the requirement that allows applicants who have graduated from a nonaccredited dental therapy program to apply for a dental therapy license by limiting it to applicants that completed a nonaccredited program that the Dental Hygiene Examining Committee (Committee) determines is substantially equivalent to CODA accreditation standards before September 30, 2022. Additionally, the substitute bill requires the Committee to consult with Tribes that license dental health aide therapists and with dental therapy education programs when considering and approving the exam required for licensure. Further, SHB 1678 removes tooth reimplantation from the scope of practice for dental therapists and modifies the extractions a dental therapist may perform by replacing the authorization to perform "nonsurgical extractions of periodontally diseased permanent teeth with tooth mobility of plus 3 to plus 4 if the teeth are not unerupted, are not impacted, are not fractured, and do not need to be sectioned for removal" with "nonsurgical extractions of erupted permanent teeth under limited conditions." Lastly, SHB 1678 corrects references to the practice locations for dental health aide therapists and clarifies that tribal federally qualified health centers (FQHC) are a FQHC where dental therapists may practice.

The Committee also adopted an amendment that removes pulpotomies on primary teeth from the scope of practice of a dental therapist.

SHB 1678 passed out of the House Health Care & Wellness Committee on Feb. 17, and executive session can be viewed on TVW [4:31-7:30 and 20:21-44:05].

WSDA and member dentists testified in opposition of HB 1678 during the bill’s public hearing in the House Health Care & Wellness Committee on Feb. 7, and testimonies can be viewed on TVW [WSDA lobbyist Trent House (1:28:58-1:30:45), Dr. Mark Koday (1:30:46-1:32:35), Dr. Aimi Mituwani (1:32:47-1:34:29), Dr. Brittany Dean (1:40:21-1:41:40), and Dr. Amy Winston (1:41:45-1:42:47)].

Questions?

Please contact WSDA at info@wsda.org.