WSR 07-16-140

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Podiatric Medical Board)

[ Filed August 1, 2007, 10:23 a.m. ]

Subject of Possible Rule Making: Amending WAC 246-922-010 Definitions, adding new sections to chapter 246-922 WAC, to establish standards for prescribing orthotic devices by podiatric physicians. The podiatric medical board (board) is considering clarifying definitions for orthotic devices. The board is considering clarifying that a prescriptive orthotic device involves conducting a medical evaluation and making a diagnosis.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.22.015, 18.130.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board is considering rules to clarify the definitions for and processes to obtain orthotic devices, especially custom-fabricated and "custom" prefabricated devices from podiatric physicians. The board is concerned that patients may receive delayed or improper care by using devices that are dispensed without the benefit of medical expertise. By clarifying the process for prescribing orthotic devices, the board will be able to help consumers identify the differences between the products prescribed by a podiatric physician and those chosen at their own discretion.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Collaborative rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties will be notified through the podiatry Listserv and by mail. Public workshops will be held in western and eastern Washington to receive input during the rules process. Written comments regarding the proposals will also be encouraged.

The board chair and staff will be available to provide informational meetings to the programs within [the] department of health.

July 30, 2007

Maryella E. Jansen

Deputy Executive Director

Washington State Code Reviser's Office