DEPARTMENT OF HEALTH

(Podiatric Medical Board)

[Filed September 13, 2019, 10:45 a.m.]

Preproposal statement of inquiry was filed as WSR 18-13-025.

Title of Rule and Other Identifying Information: WAC 246-922-230 Prohibited transactions, the podiatric medical board (board) is proposing an amendment regarding prohibited transactions by podiatric physicians and surgeons.

Hearing Location(s): On December 5, 2019, at 1:00 p.m., at the Department of Health, Creekside 2 at Center Point, Suite 310, Room 307, 20425 72nd Avenue South, Kent, WA 98032.

Date of Intended Adoption: December 5, 2019.

Submit Written Comments to: Susan Gragg, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by November 27, 2019.

Assistance for Persons with Disabilities: Contact Susan Gragg, phone 360-236-4941, TTY 360-833-6388 or 711, email susan.gragg@doh.wa.gov, by November 27, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: During recent rule making, filed as WSR 18-18-052 in August 2018, the board amended WAC 246-922-010. As part of that rule making, the language that prohibited podiatric physicians and surgeons from adjusting or modifying prefabricated orthotic devices and selling them to customers as custom fabricated or custom made devices was repealed because the language was not appropriate for a definition. During the rule adoption hearing, the Washington State Podiatric Medical Association (WSPMA) requested the board refile the CR-102 to relocate the language to another section of rule rather than repeal it as this rule provides important protections for patients and set clear practice parameters for podiatric physicians. No changes were made to those rules as a result of this comment because, although the board agreed that the language prohibiting the marketing of adjusted prefabricated devices as custom devices is important, the scope of the rule making did not allow for additional sections of rule to be open. The board did, however, authorize rule making to address this concern at a later date.

The board is now addressing WSPMA's concerns by proposing to amend WAC 246-922-230 to appropriately include the repealed language in this rule section because it relates to prohibited transactions by podiatric physicians and surgeons. The board determined that this is the most appropriate location for the language.

Reasons Supporting Proposal: The board determined that a rule amendment is needed to reinstate the recently stricken language regarding dispensing and selling prefabricated orthotic devices that have been adjusted or modified as if they were custom fabricated or custom-made orthotic devices. The proposed amendment represent[s] the board's commitment to hold licensees to a high standard of integrity while maintaining patients' trust in the profession.

Statutory Authority for Adoption: RCW 18.22.005, 18.22.015, and 18.130.050.

Statute Being Implemented: Chapter 18.22 RCW.

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

Name of Proponent: Washington state podiatric medical board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Gragg, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4941.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Susan Gragg, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4941, fax 360-236-2901, TTY 360-833-6388 or 711, email susan.gragg@doh.wa.gov.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The rule amendment does not impose more-than-minor costs on businesses. The language being added to this rule making had previously been in another section of rule originally adopted in 1999. A recent rule change removed the language from the original definitions section because requirements are inappropriate for a definitions section of rule. The board is now reinserting the language to [in] the appropriate rule section.

AMENDATORY SECTION(Amending WSR 91-10-041, filed 4/25/91, effective 5/26/91)

WAC 246-922-230Prohibited transactions.

(1) A podiatric physician and surgeon is prohibited from adjusting or modifying prefabricated orthotic devices and selling them to customers as custom fabricated or custom made devices.

(2) A podiatric physician and surgeon shall not compensate or give anything of value to a representative of the press, radio, television or other communication media in anticipation of or in return for professional publicity of any individual podiatric physician and surgeon in a news item.