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Washington State Legislation

In 2007, Washington state governor Christine Gregoire signed a bill that supports the use of shared decision making and patient decision aids for preference-based treatment decisions that involve elective surgery. The state legislature noted that the use of high-quality decision aids, which outline the benefits, harms, and uncertainties of various treatment options, improves doctor-patient communication and leads to more fully informed patient decisions.

The legislature mandated a demonstration project and will promote public/private partnership efforts to develop, certify, use, and evaluate effective patient decision aids.

Washington also became the first state to enact legislation establishing increased legal protection to physicians whose patients sign an acknowledgement that patient decision aids were used during informed consent.

The legislation pertaining to shared decision making, E2S Senate Bill 5930, is available here. Pages 3-5 pertain specifically to shared decision making.

Two RCWs (Revised Code of Washington) pertain to the shared decision making legislation:
RCW 41.05.033: Shared decision-making demonstration project | Preference-sensitive care.
RCW 7.70.060: Consent form | Contents | Prima facie evidence | Shared decision making | Patient decision aid | Failure to use.

Federal Legislation

The HR 3590 Enrolled Bill contained several provisions related to shared decision making (SDM):
-Summary analysis
-HR 3590 Text about the Center for Medicare and Medicaid Innovation
-HR 3590 Text about Quality Measure Development
-HR 3590 Text about the Program to Facilitate Shared Decisionmaking