WSR 08-19-051

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Chiropractic Quality Assurance Commission)

[ Filed September 11, 2008, 12:41 p.m. ]

Title of Rule and Other Identifying Information: Repealing WAC 246-808-640 Scope of practice -- Revocation or suspension of license authorized for practice outside scope, chiropractic quality assurance commission.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Leann Yount, Department of Health, Chiropractic Quality Assurance Commission, P.O. Box 47869, Olympia, WA 98504-7869 , AND RECEIVED BY November 17, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 246-808-640 is inaccurate and unnecessary because RCW 18.25.005 and WAC 246-808-505 accurately cover the chiropractic scope of practice. Therefore WAC 246-808-640 needs to be repealed.

Reasons Supporting Proposal: RCW 18.25.005 defines the scope of practice for chiropractic. In 2002, the law was amended to include dietary advice and recommendation of nutritional supplementation. However, WAC 246-808-640 was never updated. This rule conflicts with the law because the rule prohibits the use of herbs. In addition, it also prohibits sputum, hair, and urine analysis as well as blood samples. All these procedures can be ordered as part of a chiropractic physical exam.

In 1991, the chiropractic disciplinary board began maintaining the classification of chiropractic procedures and instrumentation list (list) of approved and nonapproved instruments and procedures as directed by the law and defined in WAC 246-807-410.

In 1995, the chiropractic disciplinary board and licensing board merged creating the commission, as chapter 246-808 WAC.

With the creation of the commission in 1995, the list became WAC 246-808-505. The list primarily focused on procedures and instruments that are within the scope of practice.

The commission also adopted WAC 246-808-640 Scope of practice. This rule focused on instruments and procedures that are not within the scope of practice.

WAC 246-808-640 is inaccurate and unnecessary because RCW 18.25.005 and WAC 246-808-505 accurately cover the chiropractic scope of practice. Therefore, WAC 246-808-640 needs to be repealed.

Statutory Authority for Adoption: RCW 18.25.0171.

Statute Being Implemented: RCW 18.25.0171.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Chiropractic quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leann Yount, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4856.

September 8, 2008

Mark Sutton, DC, Chair

Chiropractic Quality

Assurance Commission

OTS-1339.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-808-640 Scope of practice -- Revocation or suspension of license authorized for practice outside scope.

Washington State Code Reviser's Office