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WPIC 45.12 Health Care Provider—Definition

11 WAPRAC WPIC 45.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 45.12 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VII. Sex Crimes
WPIC CHAPTER 45. Sex Offenses—Definitions
WPIC 45.12 Health Care Provider—Definition
A health care provider means a person who is, holds himself or herself out to be, or provides services as if he or she were, a member of a health care profession regulated by the state, [or registered or licensed under a law regulating counselors,] regardless of whether the health care provider is licensed, certified, or registered by the state. [(Name of profession) is a health care profession regulated by the state.]
NOTE ON USE
If appropriate and useful to a jury, use this instruction with WPIC 41.02 (Rape—Second Degree—Elements) or WPIC 49.02 (Indecent Liberties—Elements). The instruction should be pared down to use only those terms that apply to a particular case.
If it would be helpful, add the optional final sentence, and fill in the designation of a relevant profession from RCW Chapters 18.130 or 18.19. See the Comment below.
If there is a dispute regarding whether an unlicensed person is holding himself or herself out as a member of a profession, a jury instruction should be drafted defining that profession.
COMMENT
RCW 9A.44.010(14) defines “health care provider” as:
a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered under chapter 18.19 RCW or licensed under chapter 18.225 RCW, regardless of whether the health care provider is licensed, certified, or registered by the state.
RCW Chapter 18.130 provides for the discipline of many specific groups of health care professionals regulated under various other specified provisions of the RCW. A list of the health care groups covered by the chapter is set forth in RCW 18.130.040(2)(a) and (b) and RCW 18.130.045.
Exemptions (including regulated professionals, such as attorneys, providing counseling within their authorized scope of practice) are listed at RCW 18.19.040.
[Current as of March 2020.]
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