SHB 3072 -
By Representative Morrell
ADOPTED 02/11/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 18.59.020 and 1999 c 333 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the board of occupational therapy practice.
(2) "Occupational therapy" is the scientifically based use of
purposeful activity with individuals who are limited by physical injury
or illness, psychosocial dysfunction, developmental or learning
disabilities, or the aging process in order to maximize independence,
prevent disability, and maintain health. The practice encompasses
evaluation, treatment, and consultation. Specific occupational therapy
services include but are not limited to: Using specifically designed
activities and exercises to enhance neurodevelopmental, cognitive,
perceptual motor, sensory integrative, and psychomotor functioning;
administering and interpreting tests such as manual muscle and sensory
integration; teaching daily living skills; developing prevocational
skills and play and avocational capabilities; designing, fabricating,
or applying selected orthotic and prosthetic devices or selected
adaptive equipment; wound care management as provided in section 3 of
this act; and adapting environments for ((the handicapped)) persons
with disabilities. These services are provided individually, in
groups, or through social systems.
(3) "Occupational therapist" means a person licensed to practice
occupational therapy under this chapter.
(4) "Occupational therapy assistant" means a person licensed to
assist in the practice of occupational therapy under the supervision or
with the regular consultation of an occupational therapist.
(5) "Occupational therapy aide" means a person who is trained to
perform specific occupational therapy techniques under professional
supervision as defined by the board but who does not perform activities
that require advanced training in the sciences or practices involved in
the profession of occupational therapy.
(6) "Occupational therapy practitioner" means a person who is
credentialed as an occupational therapist or occupational therapy
assistant.
(7) "Person" means any individual, partnership, unincorporated
organization, or corporate body, except that only an individual may be
licensed under this chapter.
(8) "Department" means the department of health.
(9) "Secretary" means the secretary of health.
(10) "Sharp debridement" means the removal of loose or loosely
adherent devitalized tissue with the use of tweezers, scissors, or
scalpel, without any type of anesthesia other than topical anesthetics.
"Sharp debridement" does not mean surgical debridement.
(11) "Wound care management" means a part of occupational therapy
treatment that facilitates healing, prevents edema, infection, and
excessive scar formation, and minimizes wound complications. Treatment
may include: Assessment of wound healing status; patient education;
selection and application of dressings; cleansing of the wound and
surrounding areas; application of topical medications, as provided
under RCW 18.59.160; use of physical agent modalities; application of
pressure garments and nonweight-bearing orthotic devices, excluding
high-temperature custom foot orthotics made from a mold; sharp
debridement of devitalized tissue; debridement of devitalized tissue
with other agents; and adapting activities of daily living to promote
independence during wound healing.
Sec. 2 RCW 18.59.160 and 2009 c 68 s 1 are each amended to read
as follows:
An occupational therapist licensed under this chapter may purchase,
store, and administer topical and transdermal medications such as
hydrocortisone, dexamethasone, fluocinonide, topical anesthetics,
lidocaine, magnesium sulfate, and other similar medications for the
practice of occupational therapy as prescribed by a health care
provider with prescribing authority as authorized in RCW 18.59.100.
Administration of medication must be documented in the patient's
medical record. Some medications may be applied by the use of
iontophoresis and phonophoresis. An occupational therapist may not
purchase, store, or administer controlled substances. A pharmacist who
dispenses such drugs to a licensed occupational therapist is not liable
for any adverse reactions caused by any method of use by the
occupational therapist. ((Application of a prescribed medication to a
wound as authorized in this statute does not constitute wound care
management.)) Application of a topical medication to a wound is subject
to section 3 of this act.
NEW SECTION. Sec. 3 A new section is added to chapter 18.59 RCW
to read as follows:
(1)(a) An occupational therapist licensed under this chapter may
provide wound care management only:
(i) In the course of occupational therapy treatment to return
patients to functional performance in their everyday occupations under
the referral and direction of a physician or other authorized
healthcare provider listed in RCW 18.59.100 in accordance with their
scope of practice. The referring provider must evaluate the patient
prior to referral to an occupational therapist for wound care; and
(ii) After filing an affidavit under subsection (2)(b) of this
section.
(b) An occupational therapist may not delegate wound care
management, including any form of debridement.
(2)(a) Debridement is not an entry-level skill and requires
specialized training, which must include: Indications and
contraindications for the use of debridement; appropriate selection and
use of clean and sterile techniques; selection of appropriate tools,
such as scissors, forceps, or scalpel; identification of viable and
devitalized tissues; and conditions which require referral back to the
referring provider. Training must be provided through continuing
education, mentoring, cotreatment, and observation. Consultation with
the referring provider is required if the wound exposes anatomical
structures underlying the skin, such as tendon, muscle, or bone, or if
there is an obvious worsening of the condition, or signs of infection.
(b)(i) Occupational therapists may perform wound care management
upon showing evidence of adequate education and training by submitting
an affidavit to the board attesting to their education and training as
follows:
(A) For occupational therapists performing any part of wound care
management, except sharp debridement with a scalpel, a minimum of
fifteen hours of mentored training in a clinical setting is required to
be documented in the affidavit. Mentored training includes
observation, cotreatment, and supervised treatment by a licensed
occupational therapist who is authorized to perform wound care
management under this section or a health care provider who is
authorized to perform wound care management in his or her scope of
practice. Fifteen hours mentored training in a clinical setting must
include a case mix similar to the occupational therapist's expected
practice;
(B) For occupational therapists performing sharp debridement with
a scalpel, a minimum of two thousand hours in clinical practice and an
additional minimum of fifteen hours of mentored sharp debridement
training in the use of a scalpel in a clinical setting is required to
be documented in the affidavit. Mentored training includes
observation, cotreatment, and supervised treatment by a licensed
occupational therapist who is authorized to perform sharp debridement
with a scalpel under this section or a health care provider who is
authorized to perform wound care management, including sharp
debridement with a scalpel, in his or her scope of practice. Both the
two thousand hours in clinical practice and the fifteen hours of
mentored training in a clinical setting must include a case mix similar
to the occupational therapist's expected practice.
(ii) Certification as a certified hand therapist by the hand
therapy certification commission or as a wound care specialist by the
national alliance of wound care or equivalent organization approved by
the board is sufficient to meet the requirements of (b)(i) of this
subsection.
(c) The board shall develop an affidavit form for the purposes of
(b) of this subsection."
EFFECT: Changes the definition of "sharp debridement" to mean the removal of loose or loosely adherent devitalized tissue (instead of the removal of devitalized tissue from a wound) with scissors, scalpel, or tweezers (instead of with scissors, scalpel, and tweezers) without any type of anesthesia other than topical anesthetics (instead of without any type of anesthesia). Requires occupational therapists to send the affidavit showing adequate education and training in wound care to the Board of Occupational Therapy Practice instead of the Department of Health (the board, not the department, licenses occupational therapists). Clarifies that the mentored training necessary to perform wound care management must be provided in a clinical setting. Requires the mentored training necessary to perform wound care management to be performed by a licensed occupational therapist who is authorized to perform wound care management or another type of health care provider who is authorized to perform wound care management in his or her scope of practice. Requires an occupational therapist performing sharp debridement with a scalpel to have completed a minimum of 2,000 hours of clinical practice (in addition to the additional 15 hours of mentored training already required by the underlying bill). Removes the requirement that the mentored training include training in conditions that necessitate referral back to the referring provider. Removes the ability of wound care specialists certified by the American Academy of Wound Management to practice wound care management without meeting the minimum education and training requirements in the underlying bill.