WSR 20-18-003

EXPEDITED RULES

DEPARTMENT OF HEALTH

(Board of Osteopathic Medicine and Surgery)

[Filed August 20, 2020, 9:30 a.m.]

Title of Rule and Other Identifying Information: WAC 246-853-230 (osteopathic physicians) HIV/AIDS education and training, and 246-854-080 Osteopathic physician assistant—Requirements for licensure, the board of osteopathic medicine and surgery (board) is considering repealing WAC 246-853-230 and amending WAC 246-854-080 to repeal subsection (2)(d). ESHB 1551 Modernizing the control of certain communicable diseases (chapter 76, Laws of 2020) repealed statutory authority.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Section 22, paragraph (11) of ESHB 1551 repeals RCW 70.24.270 Health professionals—Rules for AIDS education and training, to no longer require health professionals to obtain AIDS education and training. As a result of this law being repealed, the board proposes to repeal requirements for AIDS training included in WAC 246-853-230 (osteopathic physicians) and 246-854-080 (osteopathic physician assistants) subsection (2)(d).

The intent of ESHB 1551 is to help reduce stigma towards people living with HIV/AIDS by not singling out AIDS as an exceptional disease that requires specific training and education separate from other health conditions.

Reasons Supporting Proposal: When Washington adopted statutes concerning AIDS, very little was known about the disease compared to today. Now, AIDS is very treatable and preventable. In 2014, Governor Inslee issued a proclamation including efforts to reduce stigma, which included updating state law. ESHB 1551 repeals statutes concerning AIDS education and training for emergency medical personnel, health professionals, and health care facility employees, which helps reduce stigma towards people living with HIV/AIDS by not singling out AIDS as an exceptional disease that requires specific training and education separate from other health conditions.

Statutory Authority for Adoption: RCW 18.57.005.

Statute Being Implemented: ESHB 1551 (chapter 76, Laws of 2020).

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

Name of Proponent: Washington state board of osteopathic medicine and surgery, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Tracie Drake, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4766.

This notice meets the following criteria to use the expedited repeal process for these rules: None.

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: ESHB 1551 (chapter 76, Laws of 2020) repeals RCW 70.240.270, which requires the board of osteopathic medicine and surgery to also repeal rules to implement the bill.

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 Tracie Drake, Department of Health, P.O. Box 47852, Olympia, WA 98501, phone 360-236-4766, fax 360-236-2901, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY November 2, 2020.

June 11, 2020

Roger Ludwig, D.O.

Board Chair

AMENDATORY SECTION(Amending WSR 15-03-013, filed 1/8/15, effective 2/8/15)

WAC 246-854-080Osteopathic physician assistant—Requirements for licensure.

(1) Individuals applying to the board for licensure as an osteopathic physician assistant must have graduated from an accredited board approved physician assistant program and successfully passed the NCCPA examination.

(2) An applicant for licensure as an osteopathic physician assistant must submit to the board:

(a) A completed application on forms provided by the board;

(b) Proof the applicant has completed an accredited board approved physician assistant program and successfully passed the NCCPA examination;

(d) ((Proof of completion of four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8; and

(e))) Other information required by the board.

(3) The board will only consider complete applications with all supporting documents for licensure.

(4) An osteopathic physician assistant may not begin practicing without written board approval of the delegation agreement.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-853-230

HIV/AIDS education and training.