WSR 14-15-112

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 22, 2014, 8:23 a.m.]

Subject of Possible Rule Making: WAC 296-21-290 Physical medicine and 296-23-220 Physical therapy rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: HB [SHB] 2430 (passed and signed into law as a result of the 2014 legislative session) adds injured workers to the scope of practice of athletic trainers (AT) by amending RCW 18.250.010 and 18.250.020.

Specifically, a new paragraph is added under Section 1(v): "Treatment, rehabilitation, and reconditioning of work-related injuries through the application of physical agents and modalities, therapeutic activities and exercise, standard reassessment techniques and procedures, commercial products, and educational programs, under the direct supervision of and in accordance with a plan of care for an individual worker established by a provider authorized to provide physical medicine and rehabilitation services for injured workers;".

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Previously, AT scope of practice was limited to care provided to athletes. In 2014, the legislature passed a new law (HB [SHB] 2430) expanding AT scope of practice to include treatment of injured workers. In April 2014, the AT organization requested that Labor and Industries (L&I) update its reimbursement rules, consistent with their expanded scope of practice, to allow reimbursement for AT services to injured workers.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington workers' compensation is governed by Title 51 RCW, Washington's Industrial Insurance Act. No other state or federal agencies are responsible for interpreting and enforcing the provisions of this act.

Process for Developing New Rule: This rule making will be developed by L&I staff. The Washington State Athletic Trainer Association will be consulted during the process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Davis, L&I, Health Services Analysis, P.O. Box 44322, Olympia, WA 98504-4322, phone (360) 902-6687, fax (360) 902-4249, e-mail Thomas.Davis@Lni.wa.gov.

July 22, 2014

Joel Sacks

Director