WSR 23-16-101
PROPOSED RULES
DEPARTMENT OF HEALTH
(Board of Osteopathic Medicine and Surgery)
[Filed July 31, 2023, 2:36 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 23-10-069.
Title of Rule and Other Identifying Information: Health equity continuing education (CE) for osteopathic physicians. WAC 246-853-075 Health equity continuing education training requirements. The board of osteopathic medicine and surgery (board) is proposing a new section of rule to establish health equity CE requirements to implement ESSB 5229 (chapter 276, Laws of 2021).
Hearing Location(s): On September 15, 2023, at 9:30 a.m., at Umpqua Bank Renton, 333 S.W. 7th Street, Renton, WA 98057; or virtual. You may register in advance for the virtual portion of the hearing. After registering, you will receive a confirmation email containing information about joining the webinar. Join on your computer, mobile app, or room device https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_ZTVjNmFhOWQtMTFkYy00ZTM1LWFhZGEtNWNkYTdlNjljZGJi%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252211d0e217-264e-400a-8ba0-57dcc127d72d%2522%252c%2522Oid%2522%253a%25223f147261-e44e-4696-9d68-1ecb58823a4d%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=904a872e-a804-4e7b-af18-1bb96aecb5fd&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true; or call in (audio only) +1 564-999-2000,,129247932# United States, Olympia, (833) 322-1218,,129247932# United States (toll-free), Phone Conference ID 129 247 932#.
Date of Intended Adoption: September 15, 2023.
Submit Written Comments to: Becky McElhiney, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2850, by September 8, 2023.
Assistance for Persons with Disabilities: Contact Becky McElhiney, phone 360-236-4766, fax 360-236-2901, TTY 711, email osteopathic@doh.wa.gov, by September 8, 2023.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 43.70.613 (3)(b) directs the rule-making authority for each health profession licensed under Title 18 RCW that is subject to CE to adopt rules requiring a licensee to complete health equity CE training at least once every four years. The statute also directed the department of health (department) to create model rules establishing the minimum standards for health equity CE programs. The department filed model rules for health equity CE minimum standards on November 23, 2022, under WSR 22-23-167. Any rules developed for the board must meet or exceed the minimum standards in the model rules in WAC 246-12-800 through 246-12-830.
The board is proposing new WAC 246-853-075 to implement ESSB 5229. The board is proposing adopting the health equity model rules, WAC 246-12-800 through 246-12-830, for osteopathic physicians to comply with RCW 43.70.613.
The proposed rule adds two hours of health equity education, as required in the model rules, to be completed as part of the current CE requirements every four years. The proposed rule does not change total CE hours but requires two hours in health equity CE every four years which is absorbed into the existing number of CE hours required. The health equity CE requirement is counted under existing, unspecified CE requirements for the profession.
Reasons Supporting Proposal: The goal of health equity CE is to equip health care workers with the skills to recognize and reduce health inequities in their daily work. The content of health equity trainings includes implicit bias trainings to identify strategies to reduce bias during assessment and diagnosis in an effort to address structural factors, such as bias, racism, and poverty, that manifests as health inequities.
Two hours of training allows individuals to gain a foundation in health equity that can have an immediate positive impact on the professional's interaction with those receiving care. Health equity training enables health care professionals to care effectively for patients from diverse cultures, groups, and communities, varying race, ethnicity, gender identity, sexuality, religion, age, ability, socioeconomic status, and other categories of identity. The two hours of health equity CE credits may be earned as part of the health professional's existing CE requirements, therefore not requiring completion of additional CE hours.
Statutory Authority for Adoption: RCW 43.70.613, 18.57.005, and 18.130.050.
Statute Being Implemented: ESSB 5229 (chapter 276, Laws of 2021).
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: Becky McElhiney, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4766; Implementation and Enforcement: James Chaney, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-2831.
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 Becky McElhiney, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4766, fax 360-236-2901, TTY 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(4).
Scope of exemption for rule proposal:
Is fully exempt.
July 31, 2023
U. James Chaney
Executive Director
Board of Osteopathic Medicine and Surgery
OTS-4641.1
NEW SECTION
WAC 246-853-075Health equity continuing education training requirements.
(1) An osteopathic physician must complete two hours of health equity continuing education training every four years as described in WAC 246-12-800 through 246-12-830.
(2) The two hours of health equity continuing education an osteopathic physician completes count toward meeting applicable continuing education requirements.