WSR 05-17-051

PROPOSED RULES

DEPARTMENT OF HEALTH


(Occupational Therapy Practice Board)

[ Filed August 9, 2005, 1:38 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-030.

Title of Rule and Other Identifying Information: WAC 246-847-170 Code of ethics and standards of professional conduct, this rule clarifies the professional responsibility of occupational therapists and occupational therapy assistants. The proposed language is currently in WAC 246-847-010 and is being moved to WAC 246-847-170 for better clarity. Treatment objectives and the therapeutic process must be formulated to ensure professional accountability. The rules require occupational therapists and occupational therapy assistants to establish, review and revise client treatment objectives at sufficient intervals to meet client needs.

Hearing Location(s): Red Lion Hotel Yakima Center, 607 East Yakima Avenue, Yakima, WA 98901, on October 21, 2005, at 2:30 p.m.

Date of Intended Adoption: October 21, 2005.

Submit Written Comments to: Kris Waidely, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by September 30, 2005.

Assistance for Persons with Disabilities: Contact Kris Waidely, Program Manager, by September 30, 2005, TTY (800) 833-6388 or (800) 525-0127.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment to WAC 246-847-170 Code of ethics and standards of professional conduct, gives specific guidance related to the professional responsibility of an occupational therapist and occupational therapy assistant to establish, review and revise client treatment objectives to meet the client's needs. An existing standard in WAC 246-847-010(2) was moved to WAC 246-847-170(12) for better clarity. WAC 246-847-010 is currently being drafted with new language that does not include this specific responsibility. It was determined that this professional responsibility should be required of all occupational therapy practitioners and should be listed in code of ethics standards of professional conduct. The clearer guidelines will ensure quality care to the public by providing the occupational therapy practitioner with specific guidance while ongoing treatment occurs. Establishing and reviewing treatment objectives is current practice in the field.

Reasons Supporting Proposal: The language further defines and clarifies professional responsibility. Proposed language will better ensure occupational therapists and occupational therapy assistants will provide informed quality care to clients/public.

Statutory Authority for Adoption: RCW 18.59.130 and 18.130.050.

Statute Being Implemented: Chapter 18.59 RCW.

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, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4847.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has not conducted a small business [economic] impact statement. The proposed rule does not impose more than minor costs on small business per RCW 19.85.030.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4847, fax (360) 664-9077, e-mail Kris.Waidely@doh.wa.gov.

July 11, 2005

Kris Waidely

Program Manager

OTS-7056.2


AMENDATORY SECTION(Amending Order 112B, filed 2/12/91, effective 3/15/91)

WAC 246-847-170   Code of ethics and standards of professional conduct.   (1) It is the professional responsibility of occupational therapists and occupational therapy assistants to provide services for clients without regard to race, creed, national origin, gender, handicap or religious affiliation.

(2) Treatment objectives and the therapeutic process must be formulated to ensure professional accountability.

(3) Services shall be goal-directed in accordance with the overall educational, habilitation or rehabilitation plan and shall include a system to ensure professional accountability.

(4) Occupational therapists and occupational therapy assistants shall recommend termination of services when established goals have been met or when further services would not produce improved client performance.

(5) Occupational therapists and occupational therapy assistants shall accurately represent their competence, education, training and experience.

(6) Occupational therapists and occupational therapy assistants shall only provide services and use techniques for which they are qualified by education, training, and experience.

(7) Occupational therapists and occupational therapy assistants shall accurately record information and report information as required by facility standards and state and federal laws.

(8) All data recorded in permanent files or records shall be supported by the occupational therapist or the occupational therapy assistant's observations or by objective measures of data collection.

(9) Client's records shall only be divulged as authorized by law or with the client's consent for release of information.

(10) Occupational therapists and occupational therapy assistants shall not delegate to other personnel those client-related services where the clinical skills and expertise of an occupational therapist or occupational therapy assistant are required.

(11) If, after evaluating the client, the case is a medical case, the occupational therapist shall refer the case to a physician for appropriate medical direction if such direction is lacking.

(a) Appropriate medical direction shall be sought on at least an annual basis.

(b) A case is not a medical case if the following is present:

(i) There is an absence of pathology; or

(ii) If a pathology exists, the pathology has stabilized; and

(iii) The occupational therapist is only treating the client's functional deficits.

(12) Occupational therapists shall establish, review, or revise the client's treatment objectives at sufficient intervals to meet the client's needs. The occupational therapy assistant shall collaborate with the occupational therapist in this review of the client's treatment objectives.

[Statutory Authority: RCW 18.59.130. 91-05-027 (Order 112B), recodified as 246-847-170, filed 2/12/91, effective 3/15/91; 90-22-011 (Order 094), 308-171-301, filed 10/26/90, effective 11/26/90. Statutory Authority: RCW 18.59.130(2) and 18.130.050(1). 86-17-064 (Order PM 610), 308-171-301, filed 8/19/86. Statutory Authority: RCW 18.59.130(2) and 18.59.100 (1)(b). 85-12-010 (Order PL 529), 308-171-301, filed 5/23/85.]

Washington State Code Reviser's Office