WSR 19-21-119
EXPEDITED RULES
DEPARTMENT OF HEALTH
(Board of Physical Therapy)
[Filed October 18, 2019, 10:29 a.m.]
Title of Rule and Other Identifying Information: WAC 246-915-010, 246-915-085, 246-915-180, 246-915-181, 246-915-310 and 246-915-370, relating to physical therapists and physical therapist assistants. The board of physical therapy (board) is proposing amendments to certain sections of chapter 246-915 WAC to add new requirements for physical therapist supervision of assistive personnel as required under HB 2446 (chapter 222, Laws of 2018).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HB 2446 was passed and was signed into law during the 2018 legislative session. The bill amends RCW
18.74.010 and
18.74.180 to modify the definition of "physical therapy aide." The law also changes when a licensed physical therapist must reevaluate a patient who has received patient care from a physical therapist assistant or other assistive personnel from every fifth visit to every thirty days or fifth visit, whichever is later. Finally, the law changes the supervisor-assistive personnel ratio allowing the licensed physical therapist to supervise three assistive personnel rather than two.
Reasons Supporting Proposal: Rule making is necessary to align rules with the law created by the passage of HB 2446 and to enforce new requirements established by the law.
Statutory Authority for Adoption: RCW
18.74.023.
Statute Being Implemented: Chapter
18.74 RCW and HB 2446 (chapter 222, Laws of 2018).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board of physical therapy, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kris Waidely, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4847.
This notice meets the following criteria to use the expedited adoption process for these rules:
Content is explicitly and specifically dictated by statute.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The content of the rules is explicitly and specifically dictated by statute. Also, the rules only correct typographical errors, or clarify language of a rule without changing its effect.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kris Waidely, Program Manager, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4847, fax 360-236-2901, email https://fortress.wa.gov/doh/policyreview, kris.waidely@doh.wa.gov, AND RECEIVED BY January 6, 2020.
October 18, 2019
Renee A. Fullerton
Executive Director
AMENDATORY SECTION(Amending WSR 18-15-067, filed 7/17/18, effective 8/17/18)
WAC 246-915-010Definitions.
The definitions in this section apply throughout this chapter unless the context indicates otherwise:
(1) "Board" means the Washington state board of physical therapy.
(2) "CAPTE" means the commission on accreditation for physical therapy education.
(3) "Close supervision" means that the supervisor has personally diagnosed the condition to be treated and has personally authorized the procedures to be performed. The supervisor is continuously on-site and physically present in the operatory while the procedures are performed and capable of responding immediately in the event of an emergency.
(4) "Consultation" means a communication regarding a patient's evaluation and proposed treatment plan with an authorized health care practitioner.
(((4)))(5) "Department" means the Washington state department of health.
(((5)))(6) "Direct supervision" means the supervisor shall:
(a) Be continuously on-site and present where the person being supervised is performing services;
(b) Be immediately available to assist the person being supervised in the services being performed; and
(c) Maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel or is required to be directly supervised under RCW
18.74.180.
(((6)))(7) "Indirect supervision" means the supervisor is not on the premises, but has given either written or oral instructions for treatment of the patient and the patient has been examined by the physical therapist at such time as acceptable health care practice requires, and consistent with the particular delegated health care task.
(((7)))(8) "NPTE" means the National Physical Therapy Examination.
(((8)))(9) "Other assistive personnel" means other trained or educated health care personnel, not defined in subsection (((12)))(13)(a) or (b) of this section, who perform specific designated tasks that are related to physical therapy and within their license, scope of practice, or formal education, under the supervision of a physical therapist including, but not limited to, licensed massage therapists, licensed athletic trainers, and exercise physiologists. At the direction of the supervising physical therapist, and if properly credentialed and not prohibited by any other law, other assistive personnel may be identified by the title specific to their license, training or education.
((
(9)))
(10) "Physical therapist" means a person who meets all the requirements of this chapter and is licensed as a physical therapist under chapter
18.74 RCW.
(((10)))(11) "Sharp debridement" means the removal of devitalized tissue from a wound with scissors, scalpel, and tweezers without anesthesia. Sharp debridement does not mean surgical debridement.
(((11)))(12) "Spinal manipulation" includes spinal manipulation, spinal manipulative therapy, high velocity thrust maneuvers, and grade five mobilizations of the spine and its immediate articulations.
(((12)))(13) "Trained supportive personnel" means:
(a) "Physical therapist assistant((." An individual))" means a person who meets all the requirements of this chapter and is licensed as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist; or
(b) "Physical therapy aide((." An individual who is involved in direct physical therapy patient care who does not meet the definition of a physical therapist or physical therapist assistant and receives ongoing on-the-job training))means an unlicensed person who receives ongoing on-the-job training and assists a physical therapist or physical therapist assistant in providing physical therapy patient care and who does not meet the definition of a physical therapist, physical therapist assistant, or other assistive personnel. A physical therapy aide may directly assist in the implementation of therapeutic interventions, but may not alter or modify the plan of therapeutic interventions and may not perform any procedure or task which only a physical therapist may perform under this chapter.
AMENDATORY SECTION(Amending WSR 18-15-067, filed 7/17/18, effective 8/17/18)
WAC 246-915-085Continuing competency.
(1) Every two years, a physical therapist shall complete thirty-two hours of continuing education (CE) through any of the following means:
| CE Type | Maximum Hours Allowed | Documentation Requirements |
a. | Participation in a course, live or online. | No limit | Keep certificates of completion for each course, and, if not contained in the certificate of completion, information describing the course sponsors, the goals and objectives of the course, the credentials of the presenter as a recognized authority on the subject presented, dates of attendance, and total hours for all continuing education courses being reported. |
b. | Live or recorded instructional electronic media that does not include specific goals and objectives relating to the practice of physical therapy. | Four hours | Instead of course goals, objectives and certificate of completion, the PT shall write and submit to the department a one-page synopsis in twelve-point font for each hour of running time. |
c. | Books or articles reviewed. | Eight hours (reading time only) | The PT shall write and submit to the department a one-page synopsis in twelve-point font for each hour of reading time. The time spent writing a synopsis is not reportable. |
d. | Preparation and presentation of professional physical therapy courses or lectures. | Ten hours | The PT shall submit to the department an outline of presentation materials, date, and location of presentation. |
e. | Written publication of original scholarly research or work published in a peer-review journal. | Ten hours | The PT shall submit to the department proof of publication which may include poster presentations. |
f. | Clinical instruction of physical ((therapist))therapy students enrolled in a physical therapy educational program accredited by the American Physical Therapy Association's Commission on Accreditation in Physical Therapy Education (CAPTE) or clinical instruction in a postgraduate residency or fellowship through the American Board of Physical Therapy Residency and Fellowship Education (ABPTRFE). | Ten hours | The PT shall obtain and submit to the department a letter or certificate from the student's academic institution verifying that the student has completed the course of clinical instruction. Each thirty-two hours of student mentorship equals one hour for purposes of CE credit. |
g. | Completion of Option, which is a self-assessment tool created by the Federation of State Boards of Physical Therapy. | Five hours | The PT shall submit a copy of the completion certificate to the department. |
h. | Courses provided by an accredited institution of higher education which may include, but are not limited to, courses leading to an advanced degree in physical therapy or other courses that advance the PT's competence. | No limit | The PT shall submit a transcript to the department verifying courses taken. One quarter credit is equal to ten hours; one trimester is equal to twelve hours; and one semester credit is equal to fifteen hours. |
i. | Participation in the use of the Federation of State Boards of Physical Therapy's aptitude continuing competence resource. | Two hours | The PT shall submit verification of completion by FSBPT. |
(2) Every two years a physical therapist who holds a spinal manipulation endorsement shall complete at least ten hours of continuing education directly related to spinal manipulation with at least five hours related to procedural techniques and application of spinal manipulation. For documentation, refer to the documentation required for the particular type of continuing education chosen. The hours spent completing spinal manipulation continuing education count toward meeting any applicable continuing competency requirements.
(3) Every two years, a physical therapist assistant shall complete twenty-four hours of continuing education through any of the following means:
| CE Type | Hours Allowed | Documentation Requirements |
a. | Participation in a course, live or online. | No limit | Keep certificates of completion for each course, and, if not contained in the certificate of completion, information describing the course sponsors, the goals and objectives of the course, the credentials of the presenter as a recognized authority on the subject presented, dates of attendance, and total hours for all continuing education courses being reported. |
b. | Live or recorded instructional electronic media that does not include specific goals and objectives relating to the practice of physical therapy. | Four hours | Instead of course goals, objectives and certificate of completion, the PTA shall write and submit a one-page synopsis in twelve-point font for each hour of running time. |
c. | Books or articles reviewed. | Eight hours (reading time only) | The PTA shall write and submit a one-page synopsis in twelve-point font for each hour of reading time. The time spent writing a synopsis is not reportable. |
d. | Preparation and presentation of professional physical therapy courses or lectures. | Ten hours | The PTA shall submit an outline of presentation materials, date, and location of presentation. |
e. | Written publication of original scholarly research or work published in a peer-review journal. | Ten hours | The PTA shall submit proof of publication which may include poster presentations. |
f. | Clinical instruction of physical therapist assistant students enrolled in a physical therapy assistant program accredited by the American Physical Therapy Association's Commission on Accreditation in Physical Therapy Education (CAPTE) or clinical instruction in a postgraduate residency or fellowship through the American Board of Physical Therapy Residency and Fellowship Education (ABPTRFE). | Ten hours | The PTA shall obtain and submit to the department a letter or certificate from the student's academic institution verifying that the student has completed the course of clinical instruction. ((For))Each thirty-two hours of student mentorship ((equaling))equals one hour for purposes of CE credit. |
g. | Completion of Option, which is a self-assessment tool created by the Federation of State Boards of Physical Therapy. | Five hours | The PTA shall submit a copy of the completion certificate. |
h. | Courses provided by an accredited institution of higher education which may include, but are not limited to, courses leading to an advanced degree in physical therapy or other courses that advance the PTA's competence. | No limit | The PTA shall submit a transcript verifying courses taken. One quarter credit is equal to ten hours; one trimester credit is equal to twelve hours; and one semester credit is equal to fifteen hours. |
i. | Participation in the use of the Federation of State Boards of Physical Therapy's aptitude continuing competence resource. | Two hours | The PTA shall submit verification of completion by FSBPT. |
(4) Each physical therapist and physical therapist assistant shall complete a one-time, three hour suicide assessment training described in WAC 246-915-086.
(5) Every two years, each physical therapist and physical therapist assistant shall complete two hundred hours involving the application of physical therapy knowledge and skills which may be obtained in the clinical practice of physical therapy or in the nonclinical activities which include, but are not limited to, the following:
| Clinical Activities | Hours Allowed | Documentation |
a. | Physical therapy clinical practice. | No limit | Documentation of physical therapy employment, the PT or PTA shall provide copies of employment records or other proof acceptable to the board of employment for the hours being reported. |
| Nonclinical Activities | Hours Allowed (within the two hundred hours required) | Documentation |
b. | Physical therapy teaching of: • Patient/client management, prevention and wellness. • Physical therapy ethics and standards of practice. • Professional advocacy/involvement. | No limit | The PT or PTA shall provide documentation of such activities as acceptable to the board. |
c. | Active service on boards or participation in professional or government organizations specifically related to the practice of physical therapy. | No limit | The PT or PTA shall provide documentation of such activities as acceptable to the board. |
d. | Developing course work in physical therapy schools or education programs or physical therapy continuing education courses. | No limit | The PT or PTA shall provide documentation of such activities as acceptable to the board. |
e. | Physical therapy research as a principal or associate researcher. | No limit | The PT or PTA shall provide documentation of such activities as acceptable to the board. |
f. | Physical therapy consulting. | No limit | The PT or PTA shall provide documentation of such activities as acceptable to the board. |
g. | Management of physical therapy services. | No limit | The PT or PTA shall provide documentation of such activities as acceptable to the board. |
AMENDATORY SECTION(Amending WSR 08-17-026, filed 8/13/08, effective 8/13/08)
WAC 246-915-180Professional conduct principles.
(1) The patient's lawful consent is to be obtained before any information related to the patient is released, except to the consulting or referring authorized health care practitioner ((and/or))or an authorized governmental agency(s).
(a) Physical therapists are responsible for answering legitimate inquiries regarding a patient's physical dysfunction and treatment progress, and
(b) Information is to be provided by physical therapists and physical therapist assistants to insurance companies for billing purposes only.
(2) Physical therapists and physical therapist assistants are not to compensate or to give anything of value to a representative of the press, radio, television, or other communication medium in anticipation of, or in return for, professional publicity in a news item. A paid advertisement is to be identified as such unless it is apparent from the context it is a paid advertisement.
(3) It is the physical therapist's and physical therapist assistant's responsibility to report any unprofessional, incompetent or illegal acts that are in violation of chapter
18.74 RCW or any rules established by the board.
(4) It is the physical therapist's and physical therapist assistant's responsibility to recognize the boundaries of his or her own professional competencies and that he or she uses only those in which he or she can prove training and experience.
(5) Physical therapists and physical therapist assistants shall recognize the need for continuing education and shall be open to new procedures and changes.
(6) It is the physical therapist's and physical therapist assistant's responsibility to represent his or her academic credentials in a way that is not misleading to the public.
(7) It is the responsibility of the physical therapist and physical therapist assistant to refrain from undertaking any activity in which his or her personal problems are likely to lead to inadequate performance or harm to a client ((and/or))or colleague.
(8) A physical therapist and physical therapist assistant shall not use or allow to be used any form of public communication or advertising connected with his or her profession or in his or her professional capacity as a physical therapist which:
(a) Is false, fraudulent, deceptive, or misleading;
(b) Guarantees any treatment or result; or
(c) Makes claims of professional superiority.
(9) Physical therapists and physical therapist assistants are to recognize that each individual is different from all other individuals and to be tolerant of and responsive to those differences.
(10) Physical therapists shall not receive reimbursement for evaluating or treating him or herself.
(11) Physical therapists shall only delegate physical therapy tasks to trained supportive personnel as defined in WAC 246-915-010 (((4)))(13)(a) and (b).
AMENDATORY SECTION(Amending WSR 18-15-067, filed 7/17/18, effective 8/17/18)
WAC 246-915-181Supervision responsibilities.
A physical therapist is professionally and legally responsible for patient care given by assistive personnel under his or her supervision. If a physical therapist fails to adequately supervise patient care given by assistive personnel, the board may take disciplinary action against the physical therapist.
(1) Regardless of the setting in which physical therapy services are provided, only the licensed physical therapist may perform the following responsibilities:
(a) Interpretation of referrals;
(b) Initial examination, problem identification, and diagnosis for physical therapy;
(c) Development or modification of a plan of care that is based on the initial examination and includes the goals for physical therapy intervention;
(d) Determination of which tasks require the expertise and decision-making capacity of the physical therapist and shall be personally rendered by the physical therapist, and which tasks may be delegated;
(e) Assurance of the qualifications of all assistive personnel to perform assigned tasks through written documentation of their education or training that is maintained and available at all times;
(f) Delegation and instruction of the services to be rendered by the physical therapist, physical therapist assistant, or physical therapy aide including, but not limited to, specific tasks or procedures, precautions, special problems, and contraindicated procedures;
(g) Timely review of documentation, reexamination of the patient, and revision of the plan of care when indicated;
(h) Establishment of a discharge plan.
(2) ((Supervision))If patient care given by the physical therapist assistant, or other assistive personnel, supervision by the physical therapist requires that the patient reevaluation is performed:
(a) The later of every fifth visit((, or if treatment is performed more than five times per week, reevaluation must be performed at least once a week))or every thirty days if a physical therapist has not treated the patient for any of the five visits or within the thirty days;
(b) When there is any change in the patient's condition not consistent with planned progress or treatment goals.
(3) Patient reexamination means the licensed physical therapist shall physically observe and interview the patient and reexamine the patient as necessary during an episode of care to evaluate progress or change in patient status and modify the plan of care accordingly or discontinue physical therapy services.
(4) For patient reevaluations the licensed physical therapist shall at a minimum visually see the patient.
(5) Supervision of assistive personnel means:
(a) Physical therapist assistants may function under direct or indirect supervision;
(b) Physical therapy aides shall function under direct supervision at all times. Other assistive personnel must function under direct supervision when treating a patient under a physical therapy plan of care;
(c)(i) Except as provided in (c)(ii) of this subsection, at any one time, the physical therapist may supervise up to a total of ((two))three assistive personnel, who may be physical therapist assistants, other assistive personnel, or physical therapy aides. If the physical therapist is supervising the maximum of three assistive personnel at any one time((;
(d))), no more than one of the assistive personnel may be a physical therapy aide. The physical therapist has the sole discretion, based on the physical therapist's clinical judgment, to determine whether to utilize assistive personnel to provide services to the patient;
(ii) A physical therapist working in a nursing home as defined in RCW 18.51.010 or in the public schools as defined in RCW 28A.150.010, may supervise a total of only two assistive personnel at any one time; (iii) In addition to the ((two)) assistive personnel authorized in (c)(i) and (ii) of this subsection, the physical therapist may supervise a total of two persons who are pursuing a course of study leading to a degree as a physical therapist or a physical therapist assistant.
AMENDATORY SECTION(Amending WSR 18-15-067, filed 7/17/18, effective 8/17/18)
WAC 246-915-310Terms used in WAC 246-915-300 through 246-915-330.
(1) "Monitoring contract" is a comprehensive, structured agreement between the recovering physical therapist or physical therapist assistant and WRAMP defining the requirements of the physical therapist or physical therapist assistant program participation.
(2) "Approved treatment facility" is a facility certified by the ((division of behavioral health and recovery (DBHR),)) department ((of social and health services, according to chapters 388-877 through 388-877B WAC that meets the defined standards))under chapter 246-341 WAC. Drug and alcohol treatment facilities located out-of-state must have substantially equivalent standards.
(3) "Substance abuse" or "substance use disorder" means a chronic progressive illness that involves the use of alcohol or other drugs to a degree that it interferes with the functional life of the PT or PTA, as manifested by health, family, job (professional services), legal, financial, or emotional problems.
(4) "Aftercare" means a period of time after intensive treatment that provides the physical therapist or physical therapist assistant and the physical therapist's or physical therapist assistant's family with group or individual counseling sessions, discussions with other families, ongoing contact and participation in self-help groups and ongoing continued support of treatment program staff.
(5) "Support group" is a group of health care professionals meeting regularly to support the recovery of its members. The group provides a confidential setting with a trained and experienced health care professional facilitator in which physical therapists or physical therapist assistants may safely discuss drug diversion, licensure issues, return to work and other professional issues related to recovery.
(6) "Recovery-oriented group" means a group such as alcoholics anonymous, narcotics anonymous, and related organizations based on a philosophy of anonymity, belief in a power outside of oneself, a peer group association, and self-help.
(7) "Random drug screens" are laboratory tests to detect the presence of drugs of abuse in body fluids and other biologic specimens, which are performed at irregular intervals not known in advance by the person being tested.
(8) "Health care professional" is an individual who is licensed, certified or registered in Washington to engage in the delivery of health care to patients.
(9) "WRAMP" is the approved substance abuse monitoring program as described in RCW
18.130.175 that meets criteria established by the board. WRAMP does not provide evaluation or treatment services.
AMENDATORY SECTION(Amending WSR 18-15-067, filed 7/17/18, effective 8/17/18)
WAC 246-915-370Electroneuromyographic examinations education and training.
A physical therapist may perform electroneuromyographic (EMG) examinations, which may include needle EMG and nerve conduction studies, to test neuromuscular function only if the physical therapist has received a referral from an authorized health care practitioner identified in RCW
18.74.010(1) and only upon demonstrating education and training in EMG examinations. The performance of tests of neuromuscular function includes the performance of electroneuromyographic examinations. The board will accept the following as evidence of education and training:
(((1))) A minimum of four hundred hours of instruction in electroneuromyographic examinations including at least two hundred needle EMG studies under direct supervision from a qualified provider. A qualified provider includes a physical therapist with board certification in clinical electrophysiology from the American Board of Physical Therapy Specialties, a neurologist, or a physiatrist((; or
(2) A person who is board certified in clinical electrophysiology from the American Board of Physical Therapy Specialties meets the requirements of this section)).