Any hospital or health care facility that
desires to be authorized to provide a designated trauma care
service shall request designation from the department.
Designation involves a contractual relationship between the state
and a hospital or health care facility whereby each agrees to
maintain a level of commitment and resources sufficient to meet
responsibilities and standards required by the statewide
emergency medical services and trauma care system plan. By
January 1992, the department shall determine by rule the manner
and form of such requests. Upon receiving a request, the
department shall review the request to determine whether the
hospital or health care facility is in compliance with standards
for the trauma care service or services for which designation is
desired. If requests are received from more than one hospital or
health care facility within the same emergency medical planning
and trauma care planning and service region, the department shall
select the most qualified applicant or applicants to be selected
through a competitive process. Any applicant not designated may
request a hearing to review the decision.
Designations are valid for a period of three years and are
renewable upon receipt of a request for renewal prior to
expiration from the hospital or health care facility. When an
authorization for designation is due for renewal other hospitals
and health care facilities in the area may also apply and compete
for designation. Regional emergency medical and trauma care
councils shall be notified promptly of designated hospitals and
health care facilities in their region so they may incorporate
them into the regional plan as required by this chapter. The
department may revoke or suspend the designation should it
determine that the hospital or health care facility is
substantially out of compliance with the standards and has
refused or been unable to comply after a reasonable period of
time has elapsed. The department shall promptly notify the
regional emergency medical and trauma care planning and service
region of suspensions or revocations. Any facility whose
designation has been revoked or suspended may request a hearing
to review the action by the department as provided for in chapter 34.05 RCW.
As a part of the process to designate and renew the
designation of hospitals authorized to provide level I, II, or
III trauma care services or level I, II, and III pediatric trauma
care services, the department shall contract for on-site reviews
of such hospitals to determine compliance with required
standards. The department may contract for on-site reviews of
hospitals and health care facilities authorized to provide level
IV or V trauma care services or level I, I-pediatric, II, or III
trauma-related rehabilitative services to determine compliance
with required standards. Members of on-site review teams and
staff included in site visits are exempt from chapter 42.56 RCW.
They may not divulge and cannot be subpoenaed to divulge
information obtained or reports written pursuant to this section
in any civil action, except, after in camera review, pursuant to
a court order which provides for the protection of sensitive
information of interested parties including the department: (1)
In actions arising out of the department's designation of a
hospital or health care facility pursuant to this section; (2) in
actions arising out of the department's revocation or suspension
of designation status of a hospital or health care facility under
this section; or (3) in actions arising out of the restriction or
revocation of the clinical or staff privileges of a health care
provider as defined in RCW 7.70.020 (1) and (2), subject to any
further restrictions on disclosure in RCW 4.24.250 that may
apply. Information that identifies individual patients shall not
be publicly disclosed without the patient's consent. When a
facility requests designation for more than one service, the
department may coordinate the joint consideration of such
requests.
The department may establish fees to help defray the costs
of this section, though such fees shall not be assessed to health
care facilities authorized to provide level IV and V trauma care
services.
This section shall not restrict the authority of a hospital
or a health care provider licensed under Title 18 RCW to provide
services which it has been authorized to provide by state law.
[2005 c 274 § 343; 1990 c 269 § 9.]
NOTES:
Part headings not law -- Effective date--2005 c 274: See RCW 42.56.901 and 42.56.902.