WSR 20-02-052

PROPOSED RULES

DEPARTMENT OF HEALTH

(Board of Osteopathic Medicine and Surgery)

[Filed December 23, 2019, 2:57 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 19-01-010.

Title of Rule and Other Identifying Information: WAC 246-854-076 and 246-854-086, osteopathic physician assistants, the board of osteopathic medicine and surgery is proposing adding two new sections of rule to this chapter to establish return to practice requirements for osteopathic physician assistants (WAC 246-854-086) and implement a process for issuing an expedited temporary practice permit for military spouses (WAC 246-854-076).

Hearing Location(s): On February 7, 2020, at 9:00 a.m., at the Department of Health, Creekside at Center Pointe, Suite 310, Room 309, 20425 72nd Ave South, Kent, WA 98032.

Date of Intended Adoption: February 7, 2020.

Submit Written Comments to: Susan Gragg, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, website https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by January 31, 2020.

Assistance for Persons with Disabilities: Contact Susan Gragg, phone 360-236-4941, fax 360-236-2901, TTY 360-833-6388 or 711, email osteopathic@doh.wa.gov, by January 31, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of osteopathic medicine and surgery (board) is proposing to add two new sections of rule to chapter 246-854 WAC. Proposed new WAC 246-854-076 implements a process for issuing expedited temporary practice permits for osteopathic physician assistants (OPAs). The proposed new section adopts the secretary rule, WAC 246-12-051, by reference for qualified applicants who hold out-of-state credentials as OPAs to obtain a temporary permit. By adopting the secretary rules, the board ensures consistent standards with other health care professions.

Proposed new WAC 246-854-086 establishes reentry to practice requirements for OPAs. Establishing return to practice requirements makes sure that OPAs who have been out of practice for more than three years are properly qualified to resume caring for patients.

Reasons Supporting Proposal: Chapter 18.340 RCW directs disciplinary authorities to establish a temporary permit for military spouses. RCW 1.12.080 requires that the interpretation of the term "spouse" be applied equally to state-registered domestic partners. Military spouses and state-registered domestic partners who hold out-of-state credentials may receive temporary practice permits while completing any specific additional requirements in Washington that are not related to the profession's training or practice standard. The proposed rule adopts the secretary rule, WAC 246-12-051, by reference for qualified applicants who hold out-of-state credentials as OPAs to obtain a temporary permit. By adopting the secretary rules, the board ensures consistent standards with other health care professions for temporary permits for military spouses and state-registered domestic partners.

The board is proposing to establish reentry to practice requirements for OPAs that mirror the requirements for osteopathic physicians, which includes the amount of time the OPA can be out of practice before having to demonstrate competency prior to being relicensed in this state. The proposed amendments also specify how to demonstrate competency. Chapter 18.57A RCW describes the regulatory framework for the practice of osteopathic medicine and surgery by OPAs and provides that the overall goal of the board is to protect and promote public health and safety, with the objective of ensuring that only individuals who meet and maintain minimum standards of competence and conduct may obtain a license to provide osteopathic medical services to the public. This mandate of the board ensures that OPAs working in Washington state are qualified and provide safe care. Establishing return to practice requirements makes sure that OPAs who have been out of practice for more than three years are properly qualified to resume caring for patients. The goals and objectives of the statute are met by providing clearly written and appropriate rules in the area of reentry to practice.

Statutory Authority for Adoption: RCW 18.57A.020 and 18.340.020.

Statute Being Implemented: RCW 18.340.020 and 18.130.050(14).

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

Name of Proponent: Board of osteopathic medicine and surgery, 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, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4941, fax 360-236-2901, TTY 360-833-6388 or 711, email osteopathic@doh.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

Explanation of exemptions: This exemption applies to the proposed new WAC 246-854-076.

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 proposed rule WAC 246-854-086 does not impose costs on businesses. The proposed rule may impose costs on individual providers.

December 23, 2019

Renee Fullerton, MPH

Executive Director