PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
(Nursing Care Quality Assurance Commission)
[Filed July 22, 2019, 9:19 a.m.]
Subject of Possible Rule Making: Chapter 246-840 WAC, the nursing care quality assurance commission (commission) is considering amendments to the advanced practice pain management rules, commonly referred to as the 2018 opioid prescribing rules. The commission is considering amendments to address concerns presented to the commission during the implementation of the 2018 opioid prescribing rules, including those expressed by Washington state long-term care associations and advanced practice nursing associations.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission intends to engage in stakeholder discussion to address concerns presented during the implementation of the 2018 opioid prescribing rules expressed by Washington state long-term care associations and advanced practice nursing associations. One concern presented to the commission by the long-term care associations relates to the application of the rules in skilled nursing facilities and the barriers imposed upon the population. On December 21, 2018, the commission adopted Interpretive Statement NCIS 2.00, Application of WAC 246-840-4659 to nursing homes and long-term acute care hospitals to clarify that, under WAC 246-840-4659, an advanced registered nurse practitioner may consider the discharge facility's patient history and physical examination to be an appropriate patient history and physical examination for the purpose of prescribing opioids within a reasonable period of time. While interpretive statements offer the commission's interpretation of rule, they are not enforceable and, therefore, not subject to discipline under the Uniform Disciplinary Act. Opening the rule provides the opportunity for additional stakeholder engagement, rule clarification, and possible amendments to address the identified concerns.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Amber Zawislak, P.O. Box 47864, Olympia, WA 98504, phone 360-236-4785, fax 360-236-4738, TTY 360-833-6388 or 711, email email@example.com, web site https://www.doh.wa.gov/LicensesPermitsandCertificates/NursingCommission.
Additional comments: Interested stakeholders may sign up for the commission's interested parties list at https://public.govdelivery.com/accounts/WADOH/subscriber/new. All interested parties will receive rule-making notices via GovDelivery.
July 19, 2019
Paula R. Meyer, MSN, RN, FRE