WSR 07-08-103

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Medical Quality Assurance Commission)

[ Filed April 4, 2007, 8:49 a.m. ]

Subject of Possible Rule Making: Chapter 246-919 WAC, Physicians and chapter 246-918 WAC, Physician assistants. The medical commission will consider writing rules to ensure that physicians and physician assistants appropriately delegate and supervise the performance of nonsurgical cosmetic procedures that fall within the practice of medicine because they sever or penetrate the skin, or involve administration of drugs or medicinal preparations.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.71.017, 18.71A.020, and 18.130.050(12).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission is concerned that physicians and physician assistants may be inappropriately delegating the performance of nonsurgical cosmetic procedures that may sever or penetrate the skin or involve the administration of drugs or medicinal preparations to persons who are unlicensed or who have a license with a limited scope of practice. These procedures include injections, chemical peels, microdermabrasion, dermabrasion, schlerotherapy, soft-tissue fillers, and mesotherapy. These procedures carry a significant risk, especially when performed by unlicensed, untrained or unsupervised individuals. Rules are needed to ensure appropriate delegation and supervision.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Board of osteopathic medicine and surgery, nursing quality assurance commission, dental quality assurance commission, board of pharmacy, and department of licensing cosmetology board. Staff has been gathering preliminary background information from other professional boards and commissions and requesting participation in the development of any rules if needed and sharing draft rules to their licensees.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Beverly A. Thomas, Program Manager, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-4788, fax (360) 236-4768 or by e-mail to beverly.thomas@doh.wa.gov. In order for the commission to allow interested persons to provide input on proposed language, there will be public workshops in two areas of the state. The commission will notify via the listserv all those individuals and organizations that have expressed an interest in the commission's rules. Stakeholders may also submit written comments for consideration.

April 2, 2007

Blake T. Maresh

Executive Director

Washington State Code Reviser's Office