Preproposal statement of inquiry was filed as WSR 12-14-069.
Title of Rule and Other Identifying Information: Chapter 246-831 WAC proposing a new chapter for reflexology, including the certification requirements.
Hearing Location(s): Department of Health, Town Center 2, Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on May 8, 2013, at 9:00 a.m.
Date of Intended Adoption: May 13, 2013.
Submit Written Comments to: Kris Waidely, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by May 8, 2013.
Assistance for Persons with Disabilities: Contact Kris Waidely by May 6, 2013, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules describe the credentialing requirements to practice reflexology in the state of Washington.
Reasons Supporting Proposal: ESSB 6103 (chapter 137, Laws of 2012) creates a new credential and requires certification of reflexologists. Rules are needed for the new profession to establish the minimum education, examination, and certification requirements for reflexologists. Fees for this new credential were adopted in November 2012.
Statutory Authority for Adoption: ESSB 6103 (chapter 137, Laws of 2012).
Statute Being Implemented: Chapter 18.108 RCW.
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, P.O. Box 47852, Olympia, WA 98504-7852, (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, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4847, fax (360) 236-2901, e-mail firstname.lastname@example.org. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(ii) exempts rules that relate only to internal governmental operations that are not subject to violation by a nongovernment party.
April 1, 2013
Mary C. Selecky
WAC 246-831-010 Credentialing requirements. (1) An applicant for a reflexologist certification must be eighteen years of age or older.
(2) An applicant for a reflexologist certification must submit to the department:
(a) A completed application on forms provided by the secretary;
(b) Fees as required in WAC 246-831-990;
(c) Evidence of completion of:
(i) A reflexology education program approved by the secretary;
(ii) An examination approved by the secretary;
(iii) A jurisprudence examination approved by the secretary;
(iv) Four hours of AIDS education and training as required in chapter 246-12 WAC, Part 8.
(d) Any additional documents or information requested by the secretary.
(2) If the certified reflexologist does not have a principal place of business, or conducts business in any other location, he or she shall have a copy of his or her credential available for inspection while performing services within his or her authorized scope of practice.
(3) A certified reflexologist's name and certification number must conspicuously appear on all of the reflexologist's advertisements.
(1) Thirty hours of reflexology, theory, history, zones, reflex points and relaxation response, and contraindications;
(2) Forty hours of study of body systems as related to reflexology:
(a) The study of the leg, feet, hands and outer ears as structures;
(b) Hands-on palpation of landmarks with sensory identification of palpated areas;
(c) A map of reflexes as they are anatomically reflected on the feet, hands and outer ears; and
(d) How the reflexes are affected by stimulation to the feet, hands and outer ears through hands-on experience.
(3) Thirty hours of anatomy and physiology;
(4) Five hours of business practice involving ethics, business standards and local/state laws and ordinances pertaining to the practice of reflexology;
(5) Twenty-five hours or more of supervised practicum or clinical work; and
(6) Seventy hours of additional homework hours that can include giving and documenting client sessions as well as other written work.
(2) The secretary will accept the passing score established by the testing company for examinations approved by the secretary.
(3) An applicant who fails an approved examination may take an approved examination up to two additional times.
(4) After three failed examinations, the secretary may invalidate the applicant's application and remedial education may be required before future examinations can be taken.
(1) The applicant must apply for certification between July 1, 2013 and July 1, 2014.
(2) In addition to the requirements in RCW 18.108.131, the applicant must provide to the department:
(a) A completed application on forms provided by the secretary;
(b) Fees as required in WAC 246-831-990;
(c) Verification of four clock hours of AIDS education and training as required in chapter 246-12 WAC, Part 8; and
(d) Evidence of completion of a jurisprudence examination approved by the secretary.
(3)(a) Verification that the applicant has practiced reflexology as a licensed massage practitioner for at least five years prior to July 1, 2013; or
(b) Evidence satisfactory to the secretary that the applicant has, prior to July 1, 2013, successfully completed a course of study in a reflexology program approved by the secretary; or
(c) Verification that the applicant holds a current reflexology credential in another state or a territory of the United States which the secretary determines has substantially equivalent credentialing standards to those of this state.
(1) Evidence of meeting substantially equivalent education requirements as defined in WAC 246-831-040; and
(2) Verification of a current active credential from any state or territory of the United States.
(a) "Cleaning" means the removal of all visible dust, soil, and other foreign material, usually done using water with soaps, detergents, or enzymatic products along with physical action such as brushing. Cleaning precedes disinfection.
(b) "Disinfection" means a process that kills or destroys nearly all disease-producing microorganisms. Disinfectants are used on inanimate objects. Disinfectants can include those registered with the U.S. Environmental Protection Agency (EPA). Disinfectants must be used according to product instructions.
(2) The certified reflexologist shall ensure:
(a) All surfaces, instruments, and equipment including massage and hydrotherapy equipment that come in contact with the body are cleaned and disinfected. Any instrument or equipment that is used on one person must be cleaned and disinfected before being used on another person.
(b) If impervious materials are used, they must cover, full length, all massage tables, pads or chairs, directly under fresh sheets and linens or disposable paper sheets.
(c) Soap, or waterless cleanser, and clean towels are provided for use by clients and employees.
(d) Linens used for one person are laundered or cleaned before they are used by any other person. Linens must be stored in a sanitary manner.
(e) All soiled linens are immediately placed in a covered receptacle.
(f) All instruments and equipment are clean, well maintained, and in good repair.
(1) The authorized representative of the school or program, or the administrator of the apprenticeship program shall request approval of a school, program, or apprenticeship program on a form provided by the department.
(2) The authorized representative of the school or program, or the administrator of the apprenticeship program may request approval of the school or program, as of the date of the application or retroactively to a specified date.
(3) The application for approval of a school, program, or apprenticeship program must include, but not be limited to, documentation required by the secretary pertaining to:
(b) Qualifications of instructors;
(c) Training locations, and facilities;
(d) Outline of curriculum plan specifying all subjects and length in hours such subjects are taught;
(e) Class objectives; and
(f) A sample copy of one of each of the following exams:
(i) Reflexology, theory, history, zones, reflex points and relaxation response, and contraindications;
(ii) Body systems;
(iii) Anatomy and physiology; and
(iv) Business standards and ethics.
(4) Any school, program, or apprenticeship program that is required to be licensed by private vocational education under chapter 28C.10 RCW or Title 28B RCW, or any other statute, must complete these requirements before being considered by the secretary for approval.
(5) The secretary will evaluate the application and may conduct a site inspection of the school, program, or apprenticeship program, prior to granting approval.
(6) Upon completion of the evaluation of the application, the secretary may grant or deny approval or grant approval conditioned upon appropriate modification to the application.
(7) If the secretary notifies the school, program, or apprenticeship program of his or her intent to deny an application or grant conditional approval, the authorized representative of the school or program, or the administrator of the apprenticeship program, may request review of that decision. The request for review must be made in writing within thirty days of the date of the secretary's decision. The review process will be conducted in compliance with chapter 34.05 RCW. If review is not requested within thirty days of the date of the secretary's decision, the secretary's decision on that application is final. The authorized representative of the school or program, or the administrator of the apprenticeship program, may submit a new application for the secretary's consideration.
(8) The authorized representative of an approved school or program or the administrator of an apprenticeship program shall notify the secretary in writing of all significant changes with respect to information provided in the application within thirty days of such changes.
(9) The secretary may inspect or review an approved school, program, or apprenticeship program at reasonable intervals for compliance or to investigate a complaint. The secretary may withdraw approval if the secretary finds failure to comply with the requirements of law, administrative rules, or representations in the application.
(10) If the secretary notifies the school, program, or apprenticeship program of his or her intent to withdraw approval, the authorized representative of the school or program, or the administrator of the apprenticeship program, may request review of that decision. The request for review must be made in writing within thirty days of the date of the secretary's decision. The review process will be conducted in compliance with chapter 34.05 RCW. If review is not requested within thirty days of the date of the secretary's decision, the secretary's decision on withdrawal of approval is final. The authorized representative of a school or program or the administrator of an apprenticeship agreement must correct the deficiencies which resulted in withdrawal of the secretary's approval before requesting reinstatement of approval.