WSR 05-06-120



[ Filed March 2, 2005, 11:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-15-149.

Title of Rule and Other Identifying Information: WAC 246-802-060 Clinical training and 246-802-130 Application exhibits required.

Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Room, Tumwater, WA 98501, on April 26, 2005, at 9:30 a.m.

Date of Intended Adoption: May 3, 2005.

Submit Written Comments to: Vicki Brown, P.O. Box 47867, Olympia, WA 98504-7867, e-mail, fax (360) 664-9077, by April 12, 2005.

Assistance for Persons with Disabilities: Contact Vicki Brown, TTY (800) 833-6388 or (360) 236-4865.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: With the passage of SSB 6554 (chapter 262, Laws of 2004), eliminating credentialing barriers for health professions, the amended statute has changed the requirements for clinical training for individuals applying for acupuncture licensure. The proposal revises the current clinical training requirements to reflect the legislative changes. This will allow more applicants from out-of-state to be licensed in Washington.

Reasons Supporting Proposal: These rules reduce barriers to licensing, allowing more acupuncture applicants to become licensed in Washington state and ensuring the rules are consistent with the statute.

Statutory Authority for Adoption: RCW 18.06.050 and 18.06.160.

Statute Being Implemented: Chapter 18.06 RCW.

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

Name of Proponent: Department of Health, Acupuncture program, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicki Brown, Program Manager, Department of Health, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4865.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement does not need to be prepared because the rule does not impose more than minor costs to small businesses and the content is explicitly and specifically dictated by statute.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal is exempt under RCW 34.05.328 (5)(b)(v) because the content is explicitly and specifically dictated by statute.

February 28, 2005

Mary C. Selecky



AMENDATORY SECTION(Amending Order 121, filed 12/27/90, effective 1/31/91)

WAC 246-802-060   Clinical training.   (((1))) A student must complete a minimum of ((one)) five hundred hours ((or nine quarter credits)) of supervised clinical training ((shall consist)) consisting of up to one hundred hours of observation which ((shall)) includes case presentation and discussion.

(((2) Supervised practice consists of at least four hundred separate patient treatments involving a minimum of one hundred patients. Twenty-nine quarter credits of supervised practice shall be completed over a minimum period of one academic year.

(a))) (1) A qualified instructor must observe and provide guidance to the student ((during the first one hundred patient treatments)) as appropriate, and must be available within the clinical facility to provide consultation and assistance to the student for patient treatments ((performed subsequently)). ((In the case of each and every)) Prior to initiation of each treatment, the instructor must have knowledge of and approve the diagnosis and treatment plan ((prior to the initiation of treatment)).

(((b))) (2) "Patient treatment" ((shall)) includes:

(((i))) (a) Conducting a patient intake interview concerning the patient's past and present medical history;

(((ii))) (b) Performing ((traditional)) acupuncture examination and diagnosis;

(((iii))) (c) Discussion between the instructor and the student concerning the proposed diagnosis and treatment plan;

(((iv))) (d) Applying acupuncture treatment principles and techniques (((a minimum of three hundred sixty patient treatments involving point location, insertion and withdrawal of all needles must be performed))); and

(((v))) (e) Charting of patient conditions, evaluative discussions and findings, and concluding remarks.

(((c) Supervised practice shall consist of a reasonable time per patient treatment and a reasonable distribution of patient treatment over one or more academic years so as to facilitate the student's learning experience. If the department is not satisfied that the time per patient treatment and distribution of treatments over one or more academic years facilitates the student's learning experience, it may require detailed documentation of the patient treatments.))

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-802-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.06.160. 87-06-050 (Order PM 641), 308-180-170, filed 3/4/87.]

AMENDATORY SECTION(Amending Order 295B, filed 8/13/92, effective 9/13/92)

WAC 246-802-130   Application exhibits required.   ((Every application shall be accompanied by:)) An applicant must submit:

(1) The application fee required under WAC 246-802-990;

(2) Verification of academic or educational study and training at a school or college which may include the following:

(a) Photostatic copy of diploma, certificate, or other certified documents and original copy of school transcript from a school or college evidencing completion of a program and a copy of the curriculum in the areas of study involved in the school or college forwarded directly from the issuing agency/organization; or

(b) Notarized affidavit or statement bearing the official school seal and signed by an officer of the school or training program certifying the applicant's satisfactory completion of the academic and clinical training and designating the subjects and hours; or

(c) ((If, for good cause shown, the school is no longer existent, an applicant may submit a sworn affidavit so stating and shall name the school, its address, dates of enrollment and curriculum completed, and such other information and documents as the department may deem necessary; or

(d))) Certified copies of licenses issued by the applicants jurisdiction which must be forwarded directly to the department of health from the issuing licensing and/or translation agency rather than the applicant.

(d) If the school no longer exists, an applicant may submit a sworn affidavit stating the name of the school and that it no longer exists. The applicant must also provide the school's address, dates of enrollment and curriculum completed, and other information and documents as requested by the department.

(3) Verification of clinical training. The applicant shall submit a ((certification)) verification of clinical training form. The form must be signed by ((the instructor(s) under oath)) an officer of the approved program and must state that the applicant completed a course of supervised clinical training ((under the direction of the instructor which shall)). The verification form must include:

(a) The location(s) of the training site(s).

(b) The inclusive dates of training.

(c) A statement that the supervised ((practice included a minimum of four hundred patient treatments involving a minimum of one hundred different patients)) clinical training meets the requirements of WAC 246-802-060.

(((d) One hundred hours of observation including case presentation and discussion.))

(4) Certified verification of successful completion of:

(a) The national written examination((,));

(b) Practical examination of point location skills; and ((approved))

(c) A clean needle technique course ((from)) approved by the National Certification Commission for ((Certification of Acupuncturists)) Acupuncture and Oriental Medicine (NCCAOM).

(5) If required by WAC 246-802-090(3), certified verification of a successful score of at least 550 on the test of English as a foreign language (TOEFL) ((if required by WAC 246-802-090(3))). The applicant shall have a copy of his/her official score records sent directly to the department from the testing service. The department may grant an exemption to this requirement if the department determines there is good cause.

[Statutory Authority: RCW 43.70.040. 92-17-035 (Order 295B), 246-802-130, filed 8/13/92, effective 9/13/92; 91-02-049 (Order 121), recodified as 246-802-130, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.06.160. 90-12-114 (Order 052), 308-180-250, filed 6/6/90, effective 7/7/90; 88-07-031 (Order PM 713), 308-180-250, filed 3/9/88; 87-06-050 (Order PM 641), 308-180-250, filed 3/4/87.]

Washington State Code Reviser's Office