WSR 07-22-014

EMERGENCY RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 26, 2007, 8:11 a.m. , effective October 26, 2007, 8:11 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of this rule making is to remove the expiration date currently referred to in WAC 296-23-241 for advanced registered nurse practitioners (ARNPs) as required by the passage of HB 1666 by the 2007 legislature.

Citation of Existing Rules Affected by this Order: Amending WAC 296-23-241.

Statutory Authority for Adoption: HB 1666 (chapter 275, Laws of 2007).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: HB 1666 declared that this is an emergency, thus requiring immediate action under emergency rule-making provisions. Permanent rule-making effort is currently underway, see WSR 07-17-156.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 26, 2007.

Judy Schurke

Director

OTS-9732.1


AMENDATORY SECTION(Amending WSR 04-22-085, filed 11/2/04, effective 12/15/04)

WAC 296-23-241   Can advanced registered nurse practitioners independently perform the functions of an attending physician?   Advanced registered nurse practitioners (ARNPs) may ((for the period of July 1, 2004, through June 30, 2007,)) independently perform the functions of an attending physician under the Industrial Insurance Act, with the exception of rating permanent impairment. These functions are referenced in the medical aid rules as those of a physician, attending physician, or attending doctor and include, but are not limited to:

Completing and signing the report of accident or physician's initial report, where applicable;

Certifying time-loss compensation;

Completing and submitting all required or requested reports;

Referring workers for consultations;

Performing consultations;

Facilitating early return to work offered by and performed for the employer(s) of record;

Doing all that is possible to expedite the vocational process, including making an estimate of the worker's physical or mental capacities that affect the worker's employability.

ARNPs can state whether a worker has permanent impairment, such as on the department's physician's final report (PFR). ARNPs cannot rate permanent impairment or perform independent medical examinations (IMEs).

((WAC 296-23-241 expires on June 30, 2007.))

[Statutory Authority: 2004 c 65 and 2004 c 163. 04-22-085, 296-23-241, filed 11/2/04, effective 12/15/04.]

Washington State Code Reviser's Office