2023 Legislative Session Update: Week 14 (April 10-16)
April 12 was opposite house cutoff, one of the final milestones of the 2023 session. This meant bills sent to the opposite house needed to be passed out by April 12 in order to stay “alive” and continue along in the legislative process. The Legislature will now devote their time, until April 23, to concurrence as well as debating and passing budget bills. Below is an update on WSDA’s week 14 activities in Olympia.
Update on Legislation from Weeks 1-13 Blogs
Currently Credentialed Dental Auxiliaries (Engrossed Substitute House Bill 1466)
ESHB 1466 modifies the initial limited license for dental hygienists by extending the expiration from 18 months to 5 years. This extension gives hygienists more time to complete our state’s additional educational requirements while being able to provide much needed preventive care. Currently, out-of-state applicants are facing challenges completing these requirements within the 18-month timeframe due to a lack of both program offerings and hygiene educators. An amendment adopted in the Senate Health & Long Term Care Committee on March 23 requires the Secretary of Health to issue a temporary license to all dental hygienists with an active initial limited license that is valid five years after the initial limited license was issued.
On April 13, the House of Representatives concurred with the amendment adopted in the Senate, and ESHB 1466 will now head to the Governor for his signature. Final passage of ESHB 1466 can be viewed on TVW [41:31-43:20].
ESHB 1466 passed out of the Senate unanimously – with one excused – on April 11, and floor action can be viewed on TVW [39:13-44:18].
ESHB 1466 passed out of the Senate Health & Long Term Care Committee unanimously with a due pass recommendation on March 23, and executive session can be viewed on TVW [41:40-42:17 and 55:14-55:48].
WSDA, Delta Dental of Washington (DDWA), and the Washington Dental Hygienists’ Association testified in support of ESHB 1466 during the bill’s public hearing in the Senate Health & Long Term Care Committee on March 21, and testimonies can be viewed on TVW [Emily Lovell (21:52-23:35), Diane Oakes (23:35-26:30), and Melissa Johnson (20:41-21:51)].
ESHB 1466 passed out of the House of Representatives unanimously — with three excused – on March 5, and floor action can be viewed on TVW [3:11:47-3:14:53].
ESHB 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, DDWA, and member dentists testified in support of ESHB 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)].
Concerning the Dentist and Dental Hygienist Compact (Engrossed Substitute House Bill 1576)
The Dentist and Dental Hygienist Compact makes it easier for out-of-state dentists and dental hygienists, in good standing, to practice in our state. This bill will help address the severe shortage of hygienists in Washington. Under the Compact, licensed dentists and dental hygienists, may practice in all states participating in the Compact rather than having to obtain an individual license in every state in which they want to practice. By passing ESHB 1576, Washington state will be the first state to join the Compact. In order to "activate" the Compact, six additional states will need to pass this legislation.
On April 13, the House of Representatives concurred with the amendment adopted in the Senate, and ESHB 1576 will now head to the Governor for his signature. Final passage of ESHB 1576 can be viewed on TVW [56:56-59:00].
ESHB 1576 passed out of the Senate unanimously – with two excused – on April 6, and floor action can be viewed on TVW [2:20:29-2:25:43].
ESHB 1576 passed out of the Senate Health & Long Term Care Committee unanimously with a do pass recommendation on March 23, and executive session can be viewed on TVW [42:18-42:45 and 55:49-56:27].
WSDA testified in support of ESHB 1576 during the bill’s public hearing in the Senate Health & Long Term Care Committee on March 21, and testimony can be viewed on TVW [11:35-15:46 and 26:37-39:00].
ESHB 1576 passed out of the House of Representatives unanimously – with three excused – on March 5, and floor action can be viewed on TVW [3:14:54-3:18:37].
ESHB 1576 was voted out of the House Postsecondary Education and Workforce Committee with a do pass recommendation on Feb. 10.
WSDA testified in support of ESHB 1576 during the bill’s public hearing in the House Postsecondary Education & Workforce Committee on Feb. 8, and testimony can be viewed on TVW [33:33-34:40].
Establishing and Authorizing the Profession of Dental Therapy (Engrossed Substitute House Bill 1678)
ESHB 1678, this year’s dental therapy bill, authorizes dental therapists to work in FQHCs and FQHC Look-Alikes in Washington state. An FQHC Look-Alike is an organization that meets all of the eligibility requirements of an FQHC that receives a PHS Section 330 grant, but does not receive grant funding.
After 13 years of fighting dental therapy legislation, we are disappointed to see this bill pass, as we do not believe dental therapy is an effective solution to increasing access to care. Nevertheless, we know we must do better for the patients of our state, and WSDA remains committed to being part of the solution and advocating for policies that will ensure all Washingtonians are provided with optimal oral health care.
There were several amendments adopted in the House of Representatives, and a chart reviewing the differences between the original version of the bill and the final bill can be viewed here. While some improvements were made to the bill, WSDA remained opposed to ESHB 1678 as it contains several provisions that raise concerns about patient safety and quality of care.
ESHB 1678 passed out of the Senate – with a vote of 30 yeas and 19 nays – on April 11, and floor action can be viewed on TVW [19:50-47:52].
ESHB 1678 passed out of the Senate Health & Long Term Care Committee with a do pass recommendation on March 23, and executive session can be viewed on TVW [40:32-40:51 and 56:27-1:03:15]. ESHB 1678 received eight do pass votes and two referred without recommendation votes.
WSDA and member dentists testified in opposition of ESHB 1678 during the bill’s public hearing in the Senate Health & Long Term Care Committee on March 21, and testimonies can be viewed on TVW [Bracken Killpack (55:52-1:08:26), Dr. Mark Koday (1:16:37-1:19:00), Dr. Linda Edgar (1:19:01-1:21:23), and Dr. Saif Matti (1:21:24-1:23:42)].
ESHB 1678 passed out of the House of Representatives – with a vote of 53 yeas, 42 nays, and 3 excused – on March 5, and floor action can be viewed on TVW [3:18:12-4:37:37].
ESHB 1678 passed out of the House Appropriations Committee with a do pass recommendation on Feb. 23, and executive session can be viewed on TVW [5:36:17:17-5:41:10]. ESHB 1678 received 17 yea votes, 12 nay votes, one nay without recommendation vote, and one representative was excused.
WSDA testified in opposition of ESHB 1678 during the bill’s public hearing in the House Appropriations Committee on Feb. 22, and testimony can be viewed on TVW [1:57:10-1:58:03].
ESHB 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 ESHB 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)].
Concerning Water Systems' Notice to Customers of Public Health Considerations (Engrossed Substitute House Bill 1251)
ESHB 1251 requires a public water system to notify customers and the Department of Health of intentions to start or stop water fluoridation. Further, the bill requires a public water system in violation of the notification requirements to return fluoridation to its prior level until the notification requirements have been satisfied.
ESHB 1251 passed out of the Senate unanimously – with one excused – on April 10, and floor action can be viewed on TVW [3:44:12-3:48:06].
ESHB 1251 passed out of the Senate Health & Long Term Care Committee on March 14, and executive session can be viewed on TVW [1:45:50-1:46:00 and 1:48:53-1:49:17].
ESHB 1251 had a public hearing in the Senate Health & Long Term Care Committee on March 10, and testimony can be viewed on TVW [1:00:15-1:23:55].
ESHB 1251 passed out of the House of Representatives unanimously – with one excused – on Feb. 9, and floor action can be viewed on TVW [6:05-10:55].
Dr. Chris Delecki, former WSDA President, testified in support of SHB 1251 during the bill’s public hearing in the House Local Government Committee on Jan. 24, and Dr. Delecki’s testimony can be viewed on TVW [58:30-1:00:54].
Concerning Health Carriers Offering Dental Only Coverage (Substitute House Bill 1683)
SHB 1683 requires health carriers offering dental-only coverage or dental coverage included within a health plan to permit licensed denturists to provide covered dental services or care within that provider's scope, subject to certain limitations. An amendment adopted in the Senate Health & Long Term Care Committee on March 23 makes technical definition changes to align with existing statutes.
SHB 1683 passed out of the Senate unanimously on April 11, and floor action can be viewed on TVW [47:53-52:17].
SHB 1683 passed out of the Senate Health & Long Term Care Committee unanimously with a do pass recommendation on March 23, and executive session can be viewed on TVW [44:09-44:33 and 54:34-55:13].
SHB 1683 had a public hearing in the Senate Health & Long Term Care Committee on March 21, and testimony can be viewed on TVW [1:42:21-1:48:57].
SHB 1683 passed out of the House of Representatives unanimously – with 3 excused – on March 5, and floor action can be viewed on TVW [4:38:04-4:40:51].
SHB 1683 was voted out of the House Health Care and Wellness Committee on Feb. 10.
WSDA signed in PRO on SHB 1683.
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 also 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. Further, 2SHB 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. On April 3, the Senate Ways & Means Committee adopted an amendment providing that a complete application for a temporary license include a copy of the certificate issued by the other state for a certificated education professional.
On April 13, the House of Representatives concurred with the amendment adopted in the Senate, and 2SHB 1009 will now head to the Governor for his signature. Final passage of 2SHB 1009 can be viewed on TVW [9:35-11:30].
2SHB 1009 passed out of the Senate unanimously on April 10, and floor action can be viewed on TVW [40:35-46:21].
2SHB 1009 passed out of the Senate Ways & Means Committee on April 3 with a do pass recommendation, and executive session can be viewed on TVW [28:17-29:49 and 53:00-53:50].
2SHB 1009 had a public hearing in the Senate Ways & Means Committee on March 28, and testimony can be viewed on TVW [10:48-18:28].
2SHB 1009 passed out of the Senate Labor and Commerce Committee with a do pass recommendation on March 20, and executive session can be viewed on TVW [1:12:13-1:15:45 and 1:18:15-1:19:50].
2SHB 1009 had a public hearing in the Senate Labor & Commerce Committee on March 13, and testimony can be viewed on TVW [16:58-23:39 and 56:56-1:07:48].
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.
Collecting Health Care Professionals' Information at the Time of License Application and License Renewal (Engrossed Substitute House Bill 1503)
ESHB 1503 requires applications for licensure or licensure renewal on or after July 1, 2025, to include the applicant’s race, ethnicity, gender, languages spoken, provider specialty (where applicable), primary practice location, and secondary practice location. On March 16, the Senate Health & Long Term Care Committee adopted an amendment prohibiting the Department of Health from ever selling information collected about health professionals from license applications or license renewals.
On April 13, the House of Representatives concurred with the amendment adopted in the Senate, and ESHB 1503 will now head to the Governor for his signature. Final passage of ESHB 1503 can be viewed on TVW [47:40-49:20].
ESHB 1503 passed out of the Senate – with a vote 47 yeas, 1 nay, and 1 excused – on April 6, and floor action can be viewed on TVW [1:01:10-1:06:43].
ESHB 1503 passed out of the Senate Health & Long Term Care Committee on March 16, and executive session can be viewed on TVW [1:41:53-1:42:57].
ESHB 1503 had a public hearing in the Senate Health & Long Term Care Committee on March 14, and testimony can be viewed on TVW [45:20-53:55].
ESHB 1503 passed out of the House of Representatives unanimously – with four excused – on March 8, and floor action can be viewed on TVW [10:10-13:58].
ESHB 1503 passed out of the House Postsecondary Education & Workforce Committee unanimously on Feb. 3.
WSDA signed in PRO on ESHB 1503.
Establishing a State Medical Reserve Corps (Second Substitute House Bill 1452)
2SHB 1452 establishes a State Emergency Medical Reserve Corps (Emergency MRC) within the Department of Health (DOH) to serve under the Secretary of Health when an emergency is declared, and also when there is not an emergency, but the protection of public health requires the mobilization of the State Emergency MRC. To become a health practitioner member, 2SHB 1452 requires that a member must pass a background check and be licensed in good standing. Health practitioner members may include dentists.
2SHB 1452 requires when the services have not been requested by a health care entity, the DOH may enter into a cost-sharing or billing agreement with a health care entity that is receiving services from the deployment. When the services are requested, the DOH must charge the health care entity. Lastly, the DOH may seek federal or private funding to support the costs of deployments of the State Emergency MRC.
2SHB 1452 passed out of the Senate unanimously – with one excused – on April 12, and floor action can be viewed on TVW [2:06:15-2:10:26].
2SHB 1452 passed out of the Senate Ways & Means Committee on April 3 with a do pass recommendation, and executive session can be viewed on TVW [1:10:54-1:11:20 and 1:27:56-1:28:20].
2SHB 1452 had a public hearing in the Senate Ways & Means Committee on March 23, and testimony can be viewed on TVW [58:28-1:03:23].
WSDA signed in PRO on 2SHB 1452.
Concerning the State's Ability to Regulate Certain Industries and Risk Classes to Prevent Musculoskeletal Injuries and Disorders (Engrossed Substitute Senate Bill 5217)
ESSB 5217 repeals the law prohibiting the Department of Labor and Industries (L&I) from adopting rules related to ergonomics or musculoskeletal disorders. The engrossed substitute provides limitations on the adoption of new rules, including allowing rules only for industries or risk classifications where compensable claims involved musculoskeletal injuries and disorders that are at a rate greater than two times the overall state claim rate for these types of injuries and disorders over a recent five-year period. ESSB 5217 requires L&I to identify industries and risk classifications most likely to be selected for rulemaking; review and report certain claims data; and consider certain factors during rulemaking. Lastly, the bill allows L&I to provide funding to employers to purchase additional equipment required to comply with an adopted rule and requires L&I to provide up to three ergonomists to provide consultation to employers.
ESSB 5217 passed out of the House of Representatives – with a vote of 51 yeas, 46 nays, and 1 excused –on April 7, and floor action can be viewed on TVW [1:59:47-2:54:05].
ESSB 5217 passed out of the House Appropriations Committee on March 31, and executive session can be viewed on TVW [2:18:19-2:20:00 and 3:10:27-3:20:30].
ESSB 5217 had a public hearing in the House Appropriations Committee on March 30, and testimony can be viewed on TVW [2:26:50-2:38:20].
ESSB 5217 passed out of the House Labor & Workplace Standards Committee on March 17, and executive session can be viewed on TVW [7:39-23:33].
ESSB 5217 had a public hearing in the House Labor & Workplace Standards Committee on March 14, and testimony can be viewed on TVW [11:05-25:20 and 31:02-1:04:15].
ESSB 5217 passed out of the Senate – with a vote of 27 yeas, 21 nays, and 1 excused – on March 1, and floor action can be viewed on TVW [1:16:21-2:51:05].
WSDA signed in CON on ESSB 5217.
Concerning Injured Workers’ Rights During Compelled Medical Examinations (Substitute House Bill 1068)
SHB 1068 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, and 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.
Amendments adopted in the Senate Labor & Commerce Committee on March 23 remove the prohibition on recording neuropsychological exams and prohibit the worker from materially altering the recording or posting it to social media. Lastly, an amendment adopted on the Senate floor on April 7 requires the worker to provide seven calendar days' notice to the entity scheduling the exam that the independent medical exam will be recorded and the Department of Labor and Industries to adopt rules to define the notification process.
On April 13, the House of Representatives concurred with the amendments adopted in the Senate, and SHB 1068 will now head to the Governor for his signature. Final passage of SHB 1068 can be viewed on TVW [51:44-53:42].
SHB 1068 passed out of the Senate – with 31 yeas, 16 nays, and 2 excused – on April 7, and floor action can be viewed on TVW [0:00-17:40].
SHB 1068 passed out of the Senate Labor & Commerce Committee on March 23, and executive session can be viewed on TVW [2:45-4:28 and 14:05-23:03].
SHB 1068 had a public hearing in the Senate Labor & Commerce Committee on March 14, and testimony can be viewed on TVW [1:20-2:53, 6:42-8:05, and 15:09-1:02:15].
SHB 1068 passed out of the House of Representatives – with a vote of 65 yeas and 33 nays – on Feb. 15, and floor action can be viewed on TVW [5:35-14:42].
WSDA signed in CON on SHB 1068.
Questions?
Please contact WSDA at info@wsda.org.
