RCW 28B.10.930
Comprehensive cancer care collaborative arrangements—Nonstate entity.
(1) To facilitate a public-private collaborative arrangement between a comprehensive cancer center and an institution of higher education and maintain the independence of the comprehensive cancer center as a nonprofit private entity, a comprehensive cancer center that is operated in conformance with subsection (3) of this section is not:
(a) A state agency, state employer, quasi-government entity, or the functional equivalent of a state entity for any purpose under Washington law;
(b) Subject to any obligation or duty of a state agency, state employer, or quasi-government entity under any Washington law; and
(c) Subject to state laws or rules and local ordinances, resolutions, or rules specifically applicable to state agencies solely because of an entity's status as a state agency, but is subject to generally applicable state laws and rules and local ordinances, resolutions, and rules.
(2) Employees of a comprehensive cancer center that is operated in conformance with subsection (3) of this section are not employees of a state agency, nor have any right or entitlement to any benefits conferred upon employees of a state agency.
(3)(a) For purposes of chapter 71, Laws of 2022, and to ensure that a comprehensive cancer center maintains its character as a nonpublic entity, a comprehensive cancer center must not:
(i) Perform an exclusively governmental function, but perform cancer research and medical treatment that are traditionally performed by both governmental and nongovernmental entities;
(ii) Receive a majority of its operations funding from the government of the state of Washington or its agencies or institutions, but perform research and medical services under contract to both governmental and nongovernmental entities;
(iii) Be subject to day-to-day management by any state agency or institution of higher education; and
(iv) Be created solely by a state agency or an institution of higher education.
(b) For purposes of chapter 71, Laws of 2022, and to ensure that the employees of a comprehensive cancer center are at no times employees of a state agency or institution of higher education, state employer, quasi-government entity, or the functional equivalent of a state entity, no state agency or institution of higher education, nor the employees, designees, or agents of a state agency or institution of higher education, may:
(i) Directly exercise employer management over comprehensive cancer center employees' day-to-day operation of the comprehensive cancer center;
(ii) Solely determine the compensation, benefits, and working conditions of comprehensive cancer center employees for their comprehensive cancer center employment; or
(iii) Engage in collective bargaining, the ratification of collective bargaining agreements as an employer, or other discussion with the exclusive bargaining representatives of the employees of a comprehensive cancer center related to comprehensive cancer center employees.
(4) For the purposes of chapter 71, Laws of 2022, the following definitions apply:
(a) "Collaborative arrangement" means a written arrangement between a comprehensive cancer center and an institution of higher education, through which the cancer care programs of the comprehensive cancer center and institution of higher education will be aligned and managed.
(b) "Comprehensive cancer center" means a comprehensive cancer center as defined in RCW 82.04.4265 that enters into a collaborative arrangement with an institution of higher education and is operated in conformance with this section.
[ 2022 c 71 § 2.]
NOTES:
Findings—Intent—2022 c 71: "(1) The legislature finds that Washington benefits from its outstanding university research and health care delivery for cancer patients. The legislature finds that Washington state's citizens and its economy are benefited from the ability to attract and retain private, not-for-profit cancer research and health care delivery institutions. The legislature finds it is in the interest of the citizens of the state of Washington to promote collaboration between public universities and private not-for-profit entities in health care that will provide the highest level of cancer care for patients and advance the prevention, treatment, and cure of cancer through advanced research. The legislature intends to foster the development of cooperative and collaborative arrangements between institutions of higher education and private nonprofit comprehensive cancer centers, for the effective and efficient delivery of cancer-related clinical care and as a platform to further advance cancer-related education and research.
(2) Further, the legislature intends that private nonprofit comprehensive cancer centers are not hindered in entering into such collaborations that would benefit the state of Washington and its residents by the application of certain laws governing state agencies.
(3) The legislature intends that private nonprofit comprehensive cancer centers in such collaborative arrangements are not state entities, or quasi-government entities, as a result of any such collaborative arrangement so long as the parties to the collaborative arrangement operate in conformance with section 2 of this act. The legislature further intends that employees of such private nonprofit entities are not state employees as a result of the collaboration so long as the parties to the collaborative arrangement operate in conformance with section 2 of this act.
(4) The legislature intends to maintain existing responsibilities that state institutions of higher education, as state agencies, owe to the citizens of the state, including but not limited to being subject to state audit and public records requirements, and preserving assets in the interest of the citizens of the state. Further, the legislature intends for private comprehensive cancer centers to retain their private status as they enter into the collaborative agreements with state institutions of higher education, described herein. The legislature intends that collaborations between state institutions of higher education and comprehensive cancer centers be governed by contractual arrangements that address, as necessary and appropriate, the intellectual property rights and obligations of the state." [ 2022 c 71 § 1.]
Structure Revised Code of Washington
Chapter 28B.10 - Colleges and Universities Generally.
28B.10.017 - "Eligible student" defined.
28B.10.019 - Electronic signatures.
28B.10.020 - Acquisition of property by universities and The Evergreen State College.
28B.10.022 - Authority to enter into financing contracts—Notice.
28B.10.024 - Awards of procurement contracts to veteran-owned businesses.
28B.10.025 - Purchases of works of art—Procedure.
28B.10.0291 - Savings report—2012 c 230.
28B.10.030 - Display of United States flag.
28B.10.031 - Check cashing privileges.
28B.10.033 - Teacher preparation programs.
28B.10.034 - Central Washington University—Student teacher remote supervision.
28B.10.035 - Concurrent enrollment program accreditation.
28B.10.037 - Student expression in school-sponsored media.
28B.10.040 - Higher educational institutions to be nonsectarian.
28B.10.042 - Personal identifiers—Use of social security numbers prohibited.
28B.10.0421 - Personal identifiers—Funding.
28B.10.050 - Entrance requirements exceeding minimum requirements.
28B.10.057 - Academic credit for military training.
28B.10.100 - "Major line" defined.
28B.10.105 - Courses exclusive to the University of Washington.
28B.10.106 - Courses exclusive to Washington State University.
28B.10.115 - Major lines common to University of Washington and Washington State University.
28B.10.118 - Accelerated baccalaureate degree programs—Approval.
28B.10.140 - Teachers' training courses.
28B.10.145 - Diversity, equity, inclusion, and antiracism—Professional development.
28B.10.147 - Diversity, equity, inclusion, and antiracism—Campus climate assessment.
28B.10.149 - Diversity, equity, inclusion, and antiracism—Program for students.
28B.10.151 - Diversity, equity, inclusion, and antiracism—Reports.
28B.10.170 - College and university fees.
28B.10.280 - Student loans—Federal student aid programs.
28B.10.281 - Student loans—Certain activities may make student ineligible for aid.
28B.10.284 - Uniform minor student capacity to borrow act.
28B.10.287 - Postsecondary institution financial aid disbursement by third party.
28B.10.293 - Collection of debts—Conditions and limitations on institutions of higher education.
28B.10.294 - Collection of debts—Report.
28B.10.295 - Educational materials on abuses of, and illnesses consequent from, alcohol.
28B.10.335 - Validation of prior bond issues.
28B.10.354 - High-performance public buildings requirements.
28B.10.400 - Annuities and retirement income plans—Authorized.
28B.10.405 - Annuities and retirement income plans—Contributions by faculty and employees.
28B.10.409 - Annuities and retirement income plans—Membership while serving as state legislator.
28B.10.410 - Annuities and retirement income plans—Limitation on institution's contribution.
28B.10.425 - Additional pension for certain retired university faculty members or employees.
28B.10.430 - Annuities and retirement income plans—Minimum monthly benefit—Computation.
28B.10.480 - Tax deferred annuities for employees.
28B.10.500 - Removal of regents or trustees from universities and The Evergreen State College.
28B.10.510 - Attorney general as advisor.
28B.10.520 - Regents and trustees—Oaths.
28B.10.525 - Regents and trustees—Travel expenses.
28B.10.528 - Delegation of powers and duties by governing boards.
28B.10.550 - Police forces for universities and The Evergreen State College—Authorized.
28B.10.555 - Police forces for universities and The Evergreen State College—Powers.
28B.10.572 - Certain unlawful acts—Disciplinary authority exception.
28B.10.580 - Term papers, theses, dissertations, sale of prohibited—Legislative findings—Purpose.
28B.10.582 - Term papers, theses, dissertations, sale of prohibited—Definitions.
28B.10.590 - Course materials—Cost savings—Online course descriptions.
28B.10.592 - College textbook information—Publishers' duties.
28B.10.618 - Credit card marketing policies.
28B.10.631 - Bridge-funding programs—Establishment and administration.
28B.10.665 - Liability insurance for officers and employees authorized.
28B.10.679 - Washington mathematics placement test.
28B.10.680 - Precollege coursework—Findings—Intent.
28B.10.685 - Precollege coursework—Enrollment information—Report.
28B.10.690 - Graduation rate improvement—Findings.
28B.10.691 - Graduation rate improvement—Strategic plans—Adoption of strategies.
28B.10.693 - Graduation rate improvement—Student progression understandings.
28B.10.695 - Timely completion of degree and certificate programs—Adoption of policies.
28B.10.698 - Schools of medicine—Health equity curriculum.
28B.10.699 - Schools of medicine—Underrepresented students—Report.
28B.10.700 - Physical education in curriculum.
28B.10.703 - Programs for intercollegiate athletic competition—Authorized.
28B.10.708 - Graduation ceremonies—Tribal regalia.
28B.10.710 - Washington state or Pacific Northwest history in curriculum.
28B.10.730 - AIDS information—Four-year institutions.
28B.10.735 - Suicide prevention—Identification cards.
28B.10.776 - Budget calculation—Enrollment levels—Participation rate.
28B.10.778 - Budget calculation—New enrollments—Funding level—Inflation factor.
28B.10.780 - Budget calculation—Funding level.
28B.10.782 - Budget calculation—Increased enrollment target level—Availability of information.
28B.10.786 - Budget calculation—Student financial aid programs.
28B.10.825 - Institutional student loan fund for needy students.
28B.10.840 - Definitions for purposes of RCW 28B.10.840 through 28B.10.844.
28B.10.846 - Report of child abuse or neglect—Reporting responsibilities.
28B.10.878 - G. Robert Ross distinguished faculty award.
28B.10.890 - Collegiate license plate fund—Scholarships.
28B.10.900 - "Hazing" defined.
28B.10.901 - Hazing prohibited—Penalty.
28B.10.904 - Hazing—Code of conduct—Educational program.
28B.10.905 - Hazing—Prevention committee.
28B.10.906 - Hazing—Report of violations.
28B.10.907 - Hazing—Prevention education—Incident reporting.
28B.10.908 - Hazing—Social fraternity and sorority organizations.
28B.10.910 - Students with disabilities—Core services.
28B.10.912 - Students with disabilities—Core services described—Notice of nondiscrimination.
28B.10.914 - Students with disabilities—Accommodation.
28B.10.916 - Supplemental instructional materials for students with print access disability.
28B.10.918 - Disability history month—Activities.
28B.10.926 - Transfer of ownership of institution-owned vessel—Further requirements.
28B.10.930 - Comprehensive cancer care collaborative arrangements—Nonstate entity.
28B.10.980 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.