WSR 07-16-143

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Board of Osteopathic Medicine and Surgery)

[ Filed August 1, 2007, 10:27 a.m. ]

Subject of Possible Rule Making: Chapter 246-853 WAC, Osteopathic physician and chapter 246-854 WAC, Osteopathic physician assistant. The board of osteopathic medicine and surgery (board) will consider writing rules to ensure that osteopathic physicians and osteopathic physician assistants appropriately delegate and supervise the performance of nonsurgical cosmetic procedures that fall within the practice of osteopathic medicine.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.57.005, 18.57A.020, 18.130.050(12).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board is concerned that osteopathic physicians and osteopathic physician assistants may be inappropriately performing and/or delegating the performance of nonsurgical procedures that may sever or penetrate the skin, or the administration of drugs or medicinal preparations. Procedures include injections, chemical peels, microdermabrasion, dermabrasion, schlerotherapy, soft-tissue fillers, and mesotherapy. These procedures carry a significant risk, especially when performed without appropriate delegation and supervision. 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: Disciplining authorities for allopathic physicians and physician assistants, nurses, dentists, pharmacies, and department of licensing regarding regulation of estheticians. Medical quality assurance commission (MQAC) staff has been sharing preliminary background information with the board. The board is interested in coordinating its rules process with MQAC which is also considering rules on the same subject.

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. In order for the board to coordinate rules with MQAC, joint meetings will be held simultaneously to gather input. The board will also provide opportunities at regular meetings for public comment and input. The board will notify interested parties and organizations via Listserv and regular mail. Stakeholders may submit written comments for consideration to Arlene Robertson, Program Manager, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-4945, fax (360) 236-2406, or by e-mail arlene.robertson@doh.wa.gov.

July 31, 2007

Maryella E. Jansen

Deputy Executive Director

Washington State Code Reviser's Office