WSR 06-09-033

PERMANENT RULES

DEPARTMENT OF HEALTH


(Chiropractic Quality Assurance Commission)

[ Filed April 12, 2006, 4:49 p.m. , effective May 13, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Adoption of the proposed rule language updates the definitions section of the chiropractic rules by adding text that more accurately conveys the language in statute. In addition, the rule also adds clarifying definitions for auxiliary staff, chiropractor, direct supervision, regular senior student, and clinical postgraduate trainee.

Citation of Existing Rules Affected by this Order: Amending WAC 246-808-510.

Statutory Authority for Adoption: RCW 18.25.0171.

Adopted under notice filed as WSR 06-02-087 on January 4, 2006.

A final cost-benefit analysis is available by contacting Karen Kelley, Program Manager, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4856, fax (360) 236-4909, e-mail karen.kelley@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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 25, 2006.

Leo Romero, DC, Chair

Chiropractic Quality

Assurance Commission

OTS-8471.3


AMENDATORY SECTION(Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-510   Definitions.   "Auxiliary services" means those services, excluding those practices which are restricted to licensed chiropractors, which may be needed for the support of chiropractic care.

"Auxiliary staff" means personnel, except ((graduate doctors of chiropractic,)) regular senior students and clinical postgraduate trainees, who receive ongoing on-the-job training and who ((are working)) work for or at the direction of a licensed doctor of chiropractic.

"Chiropractor," "doctor of chiropractic," means a person licensed ((pursuant to)) under chapter 18.25 RCW.

"Clinical postgraduate trainee" means a graduate doctor of chiropractic serving a period of postgraduate chiropractic training in a program of clinical chiropractic training sponsored by an accredited school of chiropractic approved by this state. The clinical postgraduate trainee works under the direct supervision and control of a commission approved preceptor as described in WAC 246-808-190 and 246-808-535. Clinical postgraduate trainees who have had their chiropractic license suspended, revoked, or otherwise conditioned or restricted under authority of any competent jurisdiction shall not perform any delegated tasks listed in WAC 246-808-535(4).

"Direct supervision" and "direct supervision and control" means ((having)) a licensed chiropractor is on the premises and immediately available, and has examined the patient prior to delegating duties to auxiliary staff, regular senior students, or clinical postgraduate trainees.

(("Graduate doctor of chiropractic" means a graduate of an approved chiropractic college who has applied for a Washington state chiropractic license. Graduate doctors of chiropractic who have failed to pass the Washington state chiropractic examination within one year of applying for a Washington state chiropractic license may only perform auxiliary services. Graduate doctors who have had their chiropractic license suspended or revoked shall not be authorized to perform any auxiliary services.))

"Mentally or physically disabled chiropractor" means a chiropractor who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice chiropractic with reasonable skill and safety to patients by reason of any mental or physical condition.

"Regular senior student" means a student in his or her last term (quarter or semester) at an accredited school approved by the commission who has met all clinical and graduation requirements except clinical training hours.

"Unprofessional conduct" as used in these regulations ((shall)) means the conduct described in RCW 18.130.180 and 18.25.112.

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-510, filed 8/6/96, effective 9/6/96.]

Washington State Code Reviser's Office