WSR 20-06-030
PROPOSED RULES
DEPARTMENT OF HEALTH
(Board of Physical Therapy)
[Filed February 26, 2020, 10:27 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-915A-010 Physical therapists and physical therapist assistants. The board of physical therapy (board) is proposing to update the effective date in WAC 246-915A-010 for the physical therapy compact per RCW
18.74.500, Article IX(2). This rule adopts the effective date of the compact rules to October 27, 2019.
Hearing Location(s): On April 20, 2020, at 10:00 a.m., at the Department of Health, 20425 72nd Avenue South, Building 2, Room 307, Kent, WA 98032.
Date of Intended Adoption: April 20, 2020.
Submit Written Comments to: Kris Waidely, Department of Health, Board of Physical Therapy, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by April 13, 2020.
Assistance for Persons with Disabilities: Contact Kris Waidely, fax 360-236-2901, TTY 711, email Kris.waidely@doh.wa.gov, by April 13, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The physical therapy compact commission has made minor amendments to the compact rules. The compact commission held a public rules hearing and the amendments were adopted and became effective on October 27, 2019. The proposed rules reflect the October 27, 2019, effective date. The compact commission rules are not effective in Washington unless the board adopts them. The minor amendments were:
Rule 1.1, adds a new definition for the word "denied" and reorders accordingly based on alphabetical order.
Rule 3.3, eligibility for compact privileges after an adverse action or encumbrance. Clarifies the eligibility of someone who has a denied license by adding a new paragraph and reorders other paragraphs.
Rule 3.5, explanation or termination of a compact privilege. Moves paragraph C in Rule 3.5 to a more appropriate section in Rule 3.3.
Reasons Supporting Proposal: The board is opening rules to comply with RCW
18.74.500, Article IX(2), which mandates that in order to participate in the compact in the state of Washington, the board of physical therapy must adopt compact rules.
Statute Being Implemented: RCW
18.74.500, Article IX(2).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kris Waidely, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4847.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. The agency did not complete a cost-benefit analysis under RCW
34.05.328. RCW
34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference without material change federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: Chapter
18.74 RCW requires rules in order for Washington state to be able to issue compact privileges to physical therapists and physical therapist assistants who hold licenses in other states or who may wish to obtain compact privileges in other compact participating states if their originating state of licensure is Washington. The law requires the board to review the rules adopted by the physical therapy licensure commission (PTLC). The PTLC rules are not effective in Washington unless the state board adopts them.
February 26, 2029 [2020]
Renee A. Fullerton
Executive Director
AMENDATORY SECTION(Amending WSR 19-12-056, filed 5/31/19, effective 7/1/19)
WAC 246-915A-010Physical therapy licensure compact—Compact commission rules.
(1) The physical therapy licensure compact (compact) is established in Washington under RCW
18.74.500. Its purpose is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services.
(2) The rules of the physical therapy compact commission, in effect as of October ((28, 2018))27, 2019, are adopted and incorporated by reference.
(3) A copy of the rules is available for public inspection from the department of health at https://www.doh.wa.gov/LicensesPermitsandCertificates/ProfessionsNewReneworUpdate/PhysicalTherapyLicensureCompact/RulesinProgress or by calling the department of health's office of customer service at 360-236-4700.
(4) A licensee may exercise a compact privilege as provided in RCW
18.74.500, Article IV. Applicable fees are set forth in WAC 246-915A-990.