WSR 04-08-100

PERMANENT RULES

DEPARTMENT OF HEALTH


(Board of Physical Therapy)

[ Filed April 6, 2004, 2:41 p.m. ]

     Date of Adoption: February 27, 2004.

     Purpose: The rules identify when various entities must report to the Board of Physical Therapy regarding a physical therapist's conduct. The rules add the phrase "mandatory reporting" to the title for each section. The definition of home health agencies is included in WAC 246-915-210. In addition, the phrase "and home health agencies" is added to the title of WAC 246-915-230 in order to add clarity and emphasis to include the practices of physical therapy in home settings. The rules clarify the information that should be reported, and make editorial changes to improve the clarity of the rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-915-210 through 246-915-280, mandatory reporting.

     Statutory Authority for Adoption: RCW 18.74.023(3).

     Other Authority: RCW 18.130.070.

      Adopted under notice filed as WSR 04-03-107 on January 21, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 8, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 8, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 8, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

February 27, 2004

Sam Stockton, PT, Chair

Board of Physical Therapy

OTS-6869.4


AMENDATORY SECTION(Amending Order 144B, filed 2/20/91, effective 3/23/91)

WAC 246-915-210   Mandatory reporting -- General provisions.   (1) The following definitions apply to the requirements for mandatory reporting set out in WAC 246-915-220 through 246-915-280:

     (a) "Unprofessional conduct" as used in these regulations shall mean the conduct described in RCW 18.130.180.

     (((2))) (b) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.

     (((3))) (c) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.

     (((4))) (d) "Home health agency" means a person administering or providing two or more home health services directly or through a contract arrangement to individuals in places of temporary or permanent residence. A person administering or providing nursing services only may elect to be designated a home health agency for purposes of licensure.

     (e) "Board" means the physical therapy board, whose address is:


     Department of Health

     ((1300 Quince Street))

     P.O. Box 47868

     Olympia, WA 98504-7868


     (((5))) (f) "Physical therapist" means a person licensed pursuant to chapter 18.74 RCW.

     (((6))) (g) "Mentally or physically disabled physical therapist" means a physical therapist who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice physical therapy with reasonable skill and safety to patients by reason of any mental or physical condition.

     (2) All reports required by WAC 246-915-220 through 246-915-280 shall be submitted to the board as soon as possible. A report shall contain the following information if known:

     (a) The name, address and telephone number of the person making the report.

     (b) The name and address and telephone numbers of the physical therapist being reported.

     (c) The case number of any patient whose treatment is a subject of the report.

     (d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.

     (e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.

     (f) Any further information which would aid the evaluation of the report.

[Statutory Authority: RCW 18.74.023. 91-05-094 (Order 144B), § 246-915-210, filed 2/20/91, effective 3/23/91; 91-02-011 (Order 103B), recodified as § 246-915-210, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-210, filed 8/28/87.]


AMENDATORY SECTION(Amending Order 103B, filed 12/21/90, effective 1/31/91)

WAC 246-915-220   Mandatory reporting -- Physical therapists.   (1) ((All reports required by these regulations shall be submitted to the board as soon as possible, but no later than sixty days after a determination is made.

     (2) A report should contain the following information if known:

     (a) The name, address and telephone number of the person making the report.

     (b) The name and address and telephone numbers of the physical therapist being reported.

     (c) The case number of any patient whose treatment is a subject of the report.

     (d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.

     (e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.

     (f) Any further information which would aid the evaluation of the report.)) Physical therapists shall report to the board if the therapist has knowledge that:

     (a) Another therapist has committed unprofessional conduct under RCW 18.130.180, including violations of chapter 18.74 RCW and chapter 246-915 WAC; or

     (b) A physical therapist is unable to practice with reasonable skill and safety as the result of a physical or mental condition.

     (2) Failure to comply with these reporting requirements may constitute a violation of laws which regulate the practice of physical therapy.

[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-220, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-220, filed 8/28/87.]


AMENDATORY SECTION(Amending Order 103B, filed 12/21/90, effective 1/31/91)

WAC 246-915-230   Health care institutions and home health agencies -- Mandatory reporting.   The chief administrator or executive officer of any hospital, home health agency, or nursing home shall report to the board when any physical therapist's services are terminated or are restricted based on a determination that the physical therapist has either committed an act or acts which may constitute unprofessional conduct or that the physical therapist may be mentally or physically disabled.

[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-230, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-230, filed 8/28/87.]


AMENDATORY SECTION(Amending Order 103B, filed 12/21/90, effective 1/31/91)

WAC 246-915-240   Physical therapy associations or societies -- Mandatory reporting.   The president or chief executive officer of any physical therapy association or society within this state shall report to the board when ((an association or society determines that a physical therapist has committed unprofessional conduct or that a physical therapist may not be able to practice physical therapy with reasonable skill and safety to patients as the result of any mental or physical condition and constitutes an apparent risk to the public health, safety or welfare. The report required by this subsection shall be made without regard to whether the license holder appeals, accepts or acts upon the determination made by the association or society. Notification of appeal shall be included)) the association or society has determined the physical therapist:

     (1) Demonstrated incompetence or acted with negligence in the practice of physical therapy;

     (2) Has engaged in unprofessional conduct under RCW 18.130.180; or

     (3) Is mentally or physically unable to perform as a physical therapist. The report shall be made regardless to whether the physical therapist appeals, accepts or acts upon the determination made by the association or society. Any notification of appeals shall be included with the report.

[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-240, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-240, filed 8/28/87.]


AMENDATORY SECTION(Amending Order 103B, filed 12/21/90, effective 1/31/91)

WAC 246-915-250   Health care service contractors and disability insurance carriers -- Mandatory reporting.   The executive officer of ((every)) any health care service contractor and disability insurer, licensed under chapters 48.20, 48.21, 48.21A and 48.44 RCW operating in the state of Washington, shall report to the board all final determinations that a physical therapist has engaged in overcharging for services or has engaged in overutilization of services or has charged fees for services not actually provided.

[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-250, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-250, filed 8/28/87.]


AMENDATORY SECTION(Amending Order 103B, filed 12/21/90, effective 1/31/91)

WAC 246-915-260   Professional liability carriers -- Mandatory reporting.   ((Every)) Any institution or organization providing professional liability insurance directly or indirectly to physical therapists shall send a complete report of any malpractice settlement, award or payment as a result of a claim or action for damages alleged to have been caused by an insured physical therapist's incompetency or negligence in the practice of physical therapy.

[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-260, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-260, filed 8/28/87.]


AMENDATORY SECTION(Amending Order 103B, filed 12/21/90, effective 1/31/91)

WAC 246-915-270   Courts -- Mandatory reporting.   The board requests the assistance of all clerks of trial courts within the state to report all professional malpractice judgments and all convictions of licensed physical therapists, other than minor traffic violations.

[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-270, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-270, filed 8/28/87.]


AMENDATORY SECTION(Amending Order 103B, filed 12/21/90, effective 1/31/91)

WAC 246-915-280   State and federal agencies -- Mandatory reporting.   The board requests the assistance of executive officers of any state or federal program operating in the state of Washington, under which a physical therapist is employed to provide patient care services, to report to the board when the program has determined the physical therapist:

     (1) Demonstrated incompetence or acted with negligence in the practice of physical therapy;

     (2) Has engaged in unprofessional conduct under RCW 18.130.180; or

     (3) Is mentally or physically unable to perform as a physical therapist. Whenever such a physical therapist has been judged to have demonstrated his/her incompetency or negligence in the practice of physical therapy, or has otherwise committed unprofessional conduct; or is a mentally or physically disabled physical therapist.

[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-280, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-280, filed 8/28/87.]

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