WSR 20-14-103

EXPEDITED RULES

DEPARTMENT OF HEALTH

(Board of Physical Therapy)

[Filed June 30, 2020, 1:25 p.m.]

Title of Rule and Other Identifying Information: WAC 246-915-380 Spinal manipulation—Endorsement. (Effective July 1, 2015, until June 30, 2020.), and 246-915-382 Spinal manipulation—Clinical supervisor (Effective July 1, 2015, until June 30, 2020.) The board of physical therapy is proposing to repeal these sections of rule because the statutory authority established under HB 2160 (chapter 116, Laws of 2014) included a sunset clause that removed the ability for PTs to receive the supervised clinical practical experience in spinal manipulative procedures from an out-of-state clinical supervisor who holds an endorsement or advanced certification.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of physical therapy is proposing to repeal WAC 246-915-380 and 246-915-382 because HB 2160 (chapter 116, Laws of 2014) included a sunset clause that repeals RCW 18.74.190 (1)(d)(i)(C) effective June 30, 2020. The statute allowed a physical therapist to receive the supervised clinical practical experience in spinal manipulative procedures from an out-of-state clinical supervisor who holds an endorsement or advanced certification. The rules, which establish education and training requirements, including supervision, in order to receive an initial endorsement to perform spinal manipulation and manipulative mobilization of the spine were adopted based on this statutory authority.

Reasons Supporting Proposal: From July 1, 2015, through June 30, 2020, RCW 18.74.190 (1)(d)(i)(C) allowed the clinical supervision requirements to be completed by an out-of-state clinical supervisor who holds an endorsement or advanced certification. Effective July 1, 2020, this law is repealed and the rules are obsolete.

RCW 34.05.353 [2](a) authorizes expedited repeal because the statute on which the rules are based will be repealed and has not been replaced by another statute providing statutory authority for the rule.

Statutory Authority for Adoption: RCW 18.74.023.

Statute Being Implemented: RCW 18.74.190.

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

Name of Proponent: Department of health, 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 repeal process for these rules:

The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: RCW 18.74.190 (1)(d)(i)(C) will be repealed effective July 1, 2020. The rules are based on this statutory authority. Another statute providing statutory authority for the rules does not exist.

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, phone 360-236-4847, fax 360-236-2901, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY August 31, 2020.

June 26, 2020

Renee Fullerton

Executive Director

The following sections of the Washington Administrative Code are repealed: