WSR 04-03-107

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Physical Therapy)

[ Filed January 21, 2004, 8:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-13-103.

Title of Rule: WAC 246-915-210, 246-915-220, 246-915-230, 246-915-240, 246-915-250, 246-915-260, 246-915-270, and 246-915-280, mandatory reporting.

Purpose: The rules identify when various entities must report to the Board of Physical Therapy regarding a physical therapist's conduct.

Statutory Authority for Adoption: RCW 18.74.023(3) and 18.130.070.

Summary: The proposed 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.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kris Waidely, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4847.

Name of Proponent: Department of Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules add clarity to the titles of the existing rules in order to reemphasize their intent and further enhance their relevance and significance to the practice of physical therapy. The proposed rules add the phrase "mandatory reporting" to the title for each rule. 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.

Proposal Changes the Following Existing Rules: WAC 246-915-210, 246-915-220, 246-915-230, 246-915-240, 246-915-250, 246-915-260, 246-915-270 and 246-915-280, adds "mandatory reporting" to the title of each section.

WAC 246-915-210 (1)(d), adds the definition of "home health agency" as defined by facilities licensing.

WAC 246-915-210(2) and 246-915-220(1), moves the report content information from WAC 246-915-220(1) to 246-915-210(2).

WAC 246-915-230, adds home health agency to add clarity and emphasis to include the practices of physical therapy in home settings.

WAC 246-915-240, clarifies when associations or societies should report to the board.

WAC 246-915-280, clarifies when state and federal agencies should report to the board.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department conducted an initial assessment and found that the proposed rules do not impose more than minor costs on the affected businesses. For this reason, a small business economic impact statement is not required under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption. This rule is not legislatively significant because it is a procedural rule and does not subject an individual to sanctions. The rule adds the phrase "mandatory reporting" to the title for each rule.

Hearing Location: Department of Health, 310 Israel Road S.E., Room 139, Tumwater, WA 98501, on February 27, 2004, at 1:30 p.m. - 2:00 p.m.

Assistance for Persons with Disabilities: Contact Kris Waidely by February 23, 2004, TDD (800) 833-6388 or (360) 236-4847.

Submit Written Comments to: Department of Health, Kris Waidely, P.O. Box 47868, Olympia, WA 98504-7868, fax (360) 664-9077, by February 23, 2004.

Date of Intended Adoption: February 27, 2004.

January 9, 2004

Kris Waidely

Program Manager

OTS-6869.3


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 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. 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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