WSR 05-06-023

PERMANENT RULES

DEPARTMENT OF HEALTH


(Board of Physical Therapy)

[ Filed February 22, 2005, 3:10 p.m. , effective March 25, 2005 ]


Purpose: The proposed rule prohibits physical therapists from receiving reimbursement for evaluating or treating him or herself. The proposed rule requires physical therapists to only delegate physical therapy tasks to trained supportive personnel.

Citation of Existing Rules Affected by this Order: Amending WAC 246-915-180 Professional conduct principles.

Statutory Authority for Adoption: RCW 18.74.023.

Adopted under notice filed as WSR 04-20-069 on October 4, 2004.

A final cost-benefit analysis is available by contacting Kris Waidely, P.O. Box 47868, Tumwater, WA 98501, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: November 16, 2004.

Sam Stockton, PT, Chair

Board of Physical Therapy

OTS-7069.2


AMENDATORY SECTION(Amending Order 259B, filed 3/24/92, effective 4/24/92)

WAC 246-915-180   Professional conduct principles.   (1) The patient's lawful consent is to be obtained before any information related to the patient is released, except to the consulting or referring authorized health care practitioner and/or authorized governmental agency(s).

(a) Physical therapists are responsible for answering legitimate inquiries regarding a patient's physical dysfunction and treatment progress, and

(b) Information is to be provided to insurance companies for billing purposes only.

(2) Physical therapists are not to compensate or to give anything of value to a representative of the press, radio, television, or other communication medium in anticipation of, or in return for, professional publicity in a news item. A paid advertisement is to be identified as such unless it is apparent from the context it is a paid advertisement.

(3) It is the licensee's responsibility to report any unprofessional, incompetent or illegal acts ((which)) that are in violation of chapter 18.74 RCW or any rules established by the board.

(4) It is the licensee's responsibility to recognize the boundaries of his or her own professional competencies and that he or she uses only those in which he or she can prove training and experience.

(5) Physical therapists shall recognize the need for continuing education and shall be open to new procedures and changes.

(6) It is the licensee's responsibility to represent his or her academic credentials in a way that is not misleading to the public.

(7) It is the responsibility of the physical therapist to refrain from undertaking any activity in which his or her personal problems are likely to lead to inadequate performance or harm to a client and/or colleague.

(8) A physical therapist shall not use or allow to be used any form of public communication or advertising connected with his or her profession or in his or her professional capacity as a physical therapist which:

(a) Is false, fraudulent, deceptive, or misleading;

(b) Uses testimonials;

(c) Guarantees any treatment or result;

(d) Makes claims of professional superiority.

(9) Physical therapists are to recognize that each individual is different from all other individuals and to be tolerant of and responsive to those differences.

(10) Physical therapists shall not receive reimbursement for evaluating or treating him or herself.

(11) Physical therapists shall only delegate physical therapy tasks to trained supportive personnel as defined in WAC 246-915-010 (4)(a) and (b).

[Statutory Authority: RCW 18.74.023. 92-08-039 (Order 259B), 246-915-180, filed 3/24/92, effective 4/24/92; 91-05-094 (Order 144B), 246-915-180, filed 2/20/91, effective 3/23/91; 91-02-011 (Order 103B), recodified as 246-915-180, filed 12/21/90, effective 1/31/91; 84-13-057 (Order PL 471), 308-42-150, filed 6/19/84.]

Washington State Code Reviser's Office