WSR 09-04-099

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed February 4, 2009, 10:59 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-14-009.

Title of Rule and Other Identifying Information: WAC 246-830-475 amending and updating the continuing education requirements for massage practitioners and adding a new section WAC 246-830-477 Inactive credential.

Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on March 16, 2009, at 9:15 a.m.

Date of Intended Adoption: March 16, 2009.

Submit Written Comments to: Kris Waidely, Board of Massage, P.O. Box 47867, Olympia, WA 98504-7867, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by March 2, 2009.

Assistance for Persons with Disabilities: Contact Kris Waidely by March 2, 2009, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule establishes the requirements for continuing education (CE) as a prerequisite for massage practitioner license renewal. The proposed rule adds an additional eight hours of continuing education every two years to the current sixteen required hours, for a total of twenty-four hours. The proposed rule also establishes requirements for maintaining an inactive status and converting from inactive to active status which requires a fifty hour refresher course for practitioners who have been inactive for ten years or longer. The proposed rules will set the inactive credential fee in rule. Fees are authorized by the health professions and facility fees addendum DOH 2008 in the conference operating budget as referenced in ESHB 2687. RCW 43.70.250 requires all fees established in rule cover the costs to administer the program. Additionally, all costs must be borne by the members of that profession.

Reasons Supporting Proposal: SHB 2859 (chapter 25, Laws of 2008) passed during the 2008 legislative session. The new legislation creates an inactive credential for massage practitioners. The new legislation also authorizes the board to revise and clarify the current CE and improve the clarity of the requirements. The current rule is outdated and unclear because it limits the types of activities a practitioner can do to meet their CE requirement. RCW 43.70.250 requires fees to be established in rule to cover the costs to administer the program.

Statutory Authority for Adoption: RCW 18.108.025, 18.108.125, and 43.70.250.

Statute Being Implemented: RCW 18.108.025 and 18.108.125.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kris Waidely, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4847.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.

February 4, 2009

Mary C. Selecky

Secretary

Kris Waidely

on behalf of Scott Miller

Board Chair

OTS-1955.4


AMENDATORY SECTION(Amending WSR 95-11-108, filed 5/23/95, effective 6/23/95)

WAC 246-830-475   ((Qualification of program for)) Continuing education ((credit)) requirements.   ((Completion of a formal program of learning which serves to enhance the professional knowledge and development of the licensee shall qualify as continuing education credit.)) (1) To renew a license, licensed massage practitioners must complete twenty-four hours of continuing education every two years.

(a) A minimum of eight hours must be direct supervised massage skills training; and

(b) A minimum of four hours must be in professional ethics, communication, and/or Washington state massage laws and regulations. Two of these hours must include professional roles and boundaries; and

(c) The remaining twelve hours may be met by meeting the requirements in subsection (2) of this section.

(2) For the purposes of this chapter, ((a formal program of learning shall be)) continuing education is defined as any of the following activities that involve direct application of massage therapy knowledge, skills, and business practices:

(((1))) (a) Attendance at a local, state, national, or international continuing education program ((having a featured speaker;)).

(((2))) (b) First aid, CPR, or emergency related classes((;

(3) Viewing of educational video tapes not to exceed four credits;)).

(((4))) (c) Self study through the use of multimedia devices or the study of books, research materials, and/or other publications.

(i) Multimedia devices. The required documentation for this activity is a letter or other documentation from the organization. A maximum of twelve hours is allowed per reporting period.

(ii) Books, research materials, and/or other publications. The required documentation for this activity is a two-page synopsis of what was learned written by the licensee. A maximum of two hours is allowed per reporting period.

(d) Teaching a ((seminar)) course for the first time, not to exceed eight hours((;)).

(((5))) (e) Business and management courses not to exceed ((six)) eight hours((;)).

(((6))) (f) Specialized training ((in an aspect of massage therapy)). Training must be provided for a fee by an individual who has no less than three years of expertise in that area((, has been licensed in this state for no less than three years, and who charges a fee;

(7) Courses from a state, county, or city school or program or approved massage school, program, or apprenticeship trainer in massage therapy or related topics; or

(8) Training provided by a health care professional certified or licensed in their area of expertise)).

(g) Distance learning. Distance learning includes, but is not limited to, correspondence course, webinar, print, audio/video broadcasting, audio/video teleconferencing, computer aided instruction, e-learning/on-line-learning, or computer broadcasting/webcasting. A maximum of twelve hours is allowed per reporting period.

(h) Active service on boards or committees.

[Statutory Authority: RCW 18.108.025(1). 95-11-108, 246-830-475, filed 5/23/95, effective 6/23/95; 94-13-181, 246-830-475, filed 6/21/94, effective 7/22/94.]


NEW SECTION
WAC 246-830-477   Inactive credential.   (1) A licensed massage practitioner may obtain an inactive credential.

(2) Licensed massage practitioners with an inactive credential for four years or less who wish to return to active status must meet the requirements of chapter 246-12 WAC, Part 4.

(3) Licensed massage practitioners with an inactive credential for more than four years but less than ten years who wish to return to active status must:

(a) Successfully pass a Washington state approved licensure exam;

(b) Complete continuing education for the two most recent years as specified in WAC 246-830-475; and

(c) Complete the requirements of chapter 246-12 WAC, Part 4.

(4) Licensed massage practitioners with an inactive credential for more than ten years must:

(a) Successfully pass a Washington state approved licensure exam;

(b) Complete continuing education for the two most recent years as specified in WAC 246-830-475;

(c) Successfully complete a refresher course of at least fifty hours by a Washington state board approved massage school or massage apprenticeship program; and

(d) Complete the requirements of chapter 246-12 WAC, Part 4.

(5) Licensed massage practitioners with a Washington state inactive credential who have been in active practice in another United States jurisdiction, and who wish to return to active status must:

(a) Submit verification of active credential from any other United States jurisdiction;

(b) Complete continuing education for the two most recent years as specified in WAC 246-830-475; and

(c) Complete the requirements of chapter 246-12 WAC, Part 4.

[]

OTS-2050.1


AMENDATORY SECTION(Amending WSR 08-15-014, filed 7/7/08, effective 7/7/08)

WAC 246-830-990   Massage fees and renewal cycle.   (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(2) The following nonrefundable fees will be charged:


Title of Fee Fee
Written examination and reexamination $65.00
Practical examination and reexamination 50.00
Initial license 90.00
Renewal 65.00
Late renewal penalty 50.00
Expired license reissuance 50.00
Inactive license renewal 50.00
Expired inactive license reissuance 50.00
Certification of license 10.00
Duplicate license 10.00
Intraoral massage endorsement 25.00
UW library access fee 25.00

[Statutory Authority: RCW 43.70.110, 43.70.250, 2008 c 329. 08-15-014, 246-830-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-830-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 03-07-095, 246-830-990, filed 3/19/03, effective 7/1/03; 99-08-101, 246-830-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-830-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.108.025(1). 95-11-108, 246-830-990, filed 5/23/95, effective 6/23/95. Statutory Authority: RCW 43.70.250. 93-14-011, 246-830-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 18.108.085 and 43.70.250. 92-02-018 (Order 224), 246-830-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-830-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 88-24-042 (Order PM 788), 308-51-210, filed 12/6/88; 87-18-031 (Order PM 667), 308-51-210, filed 8/27/87.]

Washington State Code Reviser's Office