WSR 09-04-041

PERMANENT RULES

DEPARTMENT OF HEALTH


(Chiropractic Quality Assurance Commission)

[ Filed January 30, 2009, 9:04 a.m. , effective March 2, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose is to repeal WAC 246-808-640 because it conflicts with RCW 18.25.005 and WAC 246-808-505.

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 Therefore, WAC 246-808-640 needs to be repealed.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-808-640.

Statutory Authority for Adoption: RCW 18.25.0171.

Adopted under notice filed as WSR 08-19-051 on September 11, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 1.

Date Adopted: January 23, 2009.

Mark Sutton, DC

Chair

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