WSR 20-05-020
PERMANENT RULES
DEPARTMENT OF HEALTH
(Podiatric Medical Board)
[Filed February 7, 2020, 10:08 a.m., effective March 9, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-922-230 (podiatric physicians) Prohibited transactions, the podiatric medical board (board) adopted an amendment that prohibits podiatric physicians and surgeons from adjusting or modifying prefabricated orthotic devices and selling them as custom fabricated or custom made devices.
Citation of Rules Affected by this Order: Amending WAC 246-922-230.
Adopted under notice filed as WSR 19-19-052 on September 13, 2019.
Changes Other than Editing from Proposed to Adopted Version: During the official rule-making comment period, the board received a request from the Washington State Podiatric Medical Association to revise the proposed rule language published with the office of the code reviser under WSR 19-19-052. The requested revision would change the language to be adopted as follows:
"(1) A podiatric physician and surgeon is prohibited from selling adjusted or modified prefabricated orthotic devices as custom fabricated or custom made devices."
The board agreed that the suggested revision makes a clearer statement of the prohibition, that such a change would not be a substantive change since it didn't change the meaning of the amendment, and adopted the rule with the suggested edit.
A final cost-benefit analysis is available 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 podiatric@doh.wa.gov, website www.doh.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: December 5, 2019.
Randy Anderson, DPM
Chair
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 selling adjusted or modified prefabricated orthotic devices 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.