Washington TRAP Bill (SB 5721)
This law was last updated on Jan 31, 2019
SB 5721 would establish procedures and regulations regarding the licensing of abortion facilities.
The bill would prohibit a person or governmental unit of the state from establishing, maintaining, or conducting an abortion facility in Washington without a license issued by the state Department of Health.
An applicant for a license to operate an abortion facility must demonstrate the ability to comply with the certain standards including:
- Submitting a written application;
- Submitting building plans;
- Demonstrating the ability to comply with regulations;
- Cooperating with the department during on-site surveys or inspections;
- Providing proof of ownership or management;
- Submitting proof of operation of a coordinated quality improvement program;
- Submitting a copy of the abortion facility safety and emergency training program;
- Paying any established fees; and
- Providing any additional info that may be required.
A license would remain valid for three years, after which an abortion facility would need to submit an application for renewal.
The department may deny, suspend, or revoke the license of any abortion facility in any case in which the applicant or registered entity knowingly made a false statement of material fact in the application for the license or any supporting data in any required record.
The bill would allow the department to investigate complaints concerning operation of an abortion facility without a license. The department may issue a notice of intention to issue a cease and desist order to any person whom the department has reason to believe is engaged in the unlicensed operation of an abortion facility.
Any person operating an abortion facility without a license would be guilty of a misdemeanor, and each day of operation of an unlicensed abortion facility would constitute a separate offense.
Safety and Emergency Training Program
The bill would require an abortion facility to have an abortion facility safety and emergency training program. The program must include:
- On-site equipment, medication, and trained personnel in case of any medical emergency;
- Written transfer agreements with local licensed hospitals; and
- A procedural plan for handling medical emergencies that must be available for review during surveys and inspections.
Coordinated Quality Improvement Program
The bill would require each abortion facility to maintain a coordinated quality improvement program that includes:
- The establishment of one or more quality improvement committees;
- A process for evaluating staff privileges;
- The periodic review of credentials, physical and mental capacity, and competence in delivering health-care services of all persons who are employed or associated with the abortion facility;
- A procedure for prompt grievance resolutions;
- The maintenance and continuous collection of information concerning the abortion facility’s experience with negative health-care outcomes, patient grievances, liability premiums, settlements, awards, costs for patient injury prevention, and safety improvement activities;
- The maintenance of individual practitioner’s personnel files;
- Education programs dealing with quality improvement; and
- Polices to ensure compliance with reporting requirements.
The bill would require the department to establish and adopt standards and rules pertaining to the construction, maintenance, and operation of abortion facilities.
An abortion facility would need to have policies in place to assure that, when appropriate, information about unanticipated outcomes is provided to patients or their families or any surrogate decision makers.
Every abortion facility would need to post in conspicuous locations a notice of the department’s abortion facility complaint toll-free telephone number.
The bill would require the department to survey all abortion facilities once every 18 months. Each survey of an abortion facility may include an inspection of every part of the surgical facility.
The bill would require abortion facilities to submit data related to the quality of patient care for review by the department. The data must be submitted every 18 months.
The bill would require the chief administrator of an abortion facility to report to the department when the practice of a health-care provider has been restricted or terminated.
Failure to comply with reporting requirements would be punishable by a civil penalty of up to $250.
The bill would require each abortion facility to keep written records of decisions to restrict or terminate privileges of practitioners. The bill provides requirements for abortion providers when granting or renewing clinical privileges or association of any practitioner or hiring a practitioner.
1/30/19 – Introduced; referred to Health & Long Term Care Committee.