DEPARTMENT OF HEALTH

(Board of Osteopathic Medicine and Surgery)

[Filed August 2, 2023, 10:07 a.m., effective September 2, 2023]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Provides prescribing requirement exemptions in specific circumstances. WAC 246-853-661 Exclusions, the board of osteopathic medicine and surgery is adopting amendments to expand the types of patients who are exempt from opioid prescribing rules. The adopted language aligns with the Washington medical commission's recently adopted rules to ensure consistency and alignment with best practices.

Citation of Rules Affected by this Order: Amending WAC 246-853-661.

Statutory Authority for Adoption: RCW 18.57.005, 18.57.800, and 18.130.050.

Adopted under notice filed as WSR 23-09-063 on April 18, 2023.

A final cost-benefit analysis is available 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.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: August 2, 2023.

Shannon Phipps, DO, Chair

Board of Osteopathic Medicine and Surgery

AMENDATORY SECTION(Amending WSR 18-20-087, filed 10/1/18, effective 11/1/18)

WAC 246-853-661Exclusions.

WAC 246-853-660 through 246-853-790 do not apply to:

(1) The treatment of patients with cancer-related pain;

(2) The provision of palliative, hospice, or other end-of-life care;

(3) ((The treatment of inpatient hospital patients. As used in this section, "inpatient" means a person who has been admitted to a hospital for more than twenty-four hours; or

(4))) The provision of procedural premedications;

(4) The treatment of patients who have been admitted to any of the following facilities for more than 24 hours:

(a) Acute care hospitals licensed under chapter 70.41 RCW;

(b) Psychiatric hospitals licensed under chapter 71.12 RCW;

(d) Long-term acute care hospitals as defined in RCW 74.60.010; or

(e) Residential treatment facilities as defined in RCW 71.12.455; or

(5) The treatment of patients in residential habilitation centers as defined in WAC 388-825-089 when the patient has been transferred directly from a facility listed in subsection (4) of this section.