H-3908 _______________________________________________
HOUSE BILL NO. 2792
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Representatives Day, D. Sommers, R. King, Vekich, Dellwo, Wolfe and Rector
Read first time 1/22/90 and referred to Committee on Health Care.
AN ACT Relating to podiatric physicians and surgeons; amending RCW 18.22.005, 18.22.010, 18.22.013, 18.22.014, 18.22.015, 18.22.040, 18.22.060, 18.22.081, 18.22.083, 18.22.110, 18.22.120, 18.22.191, 18.22.210, and 18.22.230; adding new sections to chapter 18.22 RCW; and repealing RCW 18.22.030, 18.22.050, 18.22.130, 18.22.185, and 18.22.930.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 21, Laws of 1982 and RCW 18.22.005 are each amended to read as follows:
The
legislature finds that the conduct of ((podiatrists)) podiatric
physicians and surgeons licensed to practice in this state plays a vital
role in preserving the public health and well-being ((and that the existing
agency responsible for disciplinary action against podiatrists does not offer a
simple, expedient, and effective means of handling disciplinary action when
necessary for the protection of the public)). The purpose of this ((act))
chapter is to establish an effective public agency to regulate the
practice of ((podiatry)) podiatric medicine and surgery for the
protection and promotion of the public health, safety, and welfare and to act
as a disciplinary body for the licensed ((podiatrists)) podiatric
physicians and surgeons of this state and to ensure that only
individuals who meet and maintain minimum standards of competence and conduct
may obtain a license to provide podiatric services to the public.
Sec. 2. Section 1, chapter 38, Laws of 1917 as last amended by section 2, chapter 21, Laws of 1982 and RCW 18.22.010 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) ((The
practice of podiatry means the diagnosis and the medical, surgical, mechanical,
manipulative, and electrical treatments of ailments of the human foot. A
podiatrist is a podiatric physician and surgeon of the foot licensed to treat
ailments of the foot, except:
(a)
Amputation of the foot;
(b) The
administration of a spinal anesthetic or any anesthetic, which renders the
patient unconscious, or the administration and prescription of drugs including
narcotics, other than required to perform the services authorized for the
treatment of the feet; and
(c)
Treatment of systemic conditions)) "Podiatric physician and surgeon" means an individual
licensed under this chapter.
(2)
"Board" means the Washington state ((podiatry)) podiatric
medical board.
(3)
"Department" means the department of ((licensing)) health.
(4)
"((Director)) Secretary" means the ((director of
licensing)) secretary of health or the secretary's designee.
(5)
"Approved school of ((podiatry)) podiatric medicine and surgery"
means a school approved by the board, which may consider official recognition
of the Council of Education of the American ((Podiatry)) Podiatric
Medical Association in determining the approval of schools of ((podiatry))
podiatric medicine and surgery.
Sec. 3. Section 8, chapter 21, Laws of 1982 and RCW 18.22.013 are each amended to read as follows:
There is
created the Washington state ((podiatry)) podiatric medical board
consisting of five members to be appointed by the governor. All members shall
be residents of the state. One member shall be a consumer whose occupation
does not include the administration of health activities or the providing of
health services and who has no material financial interest in providing health
care services. Four members shall be ((podiatrists)) podiatric
physicians and surgeons who at the time of appointment have been licensed
under the laws of this state for at least five consecutive years immediately
preceding appointment and shall at all times during their terms remain licensed
((podiatrists)) podiatric physicians and surgeons.
Board
members shall serve five-year terms((, except that the terms of the initial
appointees shall be adjusted so that only one member's term expires each year.
The initial appointees whose terms expire after two years and four years shall
each be members of the existing podiatry examining committee appointed under
RCW 43.24.060)). No person may serve more than two consecutive terms on
the board. Each member shall take the usual oath of a state officer, which
shall be filed with the secretary of state, and each member shall hold office
for the term of appointment and until a successor is appointed and sworn.
Each member is subject to removal at the pleasure of the governor. If a vacancy on the board occurs from any cause, the governor shall appoint a successor for the unexpired term.
Sec. 4. Section 9, chapter 21, Laws of 1982 as amended by section 26, chapter 287, Laws of 1984 and RCW 18.22.014 are each amended to read as follows:
The board shall meet at the places and times it determines and as often as necessary to discharge its duties. The board shall elect a chairperson, vice-chairperson, and secretary from among its members. Members shall be compensated in accordance with RCW 43.03.240 in addition to travel expenses provided by RCW 43.03.050 and 43.03.060. A simple majority of the board members currently serving constitutes a quorum of the board.
Sec. 5. Section 10, chapter 21, Laws of 1982 as amended by section 18, chapter 259, Laws of 1986 and RCW 18.22.015 are each amended to read as follows:
The board shall:
(1) Administer all laws placed under its jurisdiction;
(2)
Prepare, grade, and administer or determine the nature, grading, and
administration of examinations for applicants for ((podiatrist)) podiatric
physician and surgeon licenses;
(3) Examine
and investigate all applicants for ((podiatrist)) podiatric physician
and surgeon licenses and certify to the ((director)) secretary
all applicants it judges to be properly qualified((.));
((The
board may)) (4) Adopt any rules which it considers necessary or
proper to carry out the purposes of this chapter;
(5) Issue declaratory rulings that the board deems necessary to protect the public health, safety, and welfare;
(6) Determine which schools of podiatric medicine and surgery will be approved.
NEW SECTION. Sec. 6. A new section is added to chapter 18.22 RCW to read as follows:
(1) A podiatric physician and surgeon is responsible for the quality of podiatric care.
(2) The practice of podiatric medicine and surgery is the diagnosis and the medical, surgical, mechanical, manipulative, and electrical treatments of ailments of the human foot.
(3) Podiatric physicians and surgeons may issue prescriptions valid at any pharmacy for any drug, including narcotics, necessary in the practice of podiatry.
(4) Podiatrists shall not:
(a) Amputate the foot;
(b) Administer spinal anesthetic or any anesthetic that renders the patient unconscious; or
(c) Treat systemic conditions.
NEW SECTION. Sec. 7. A new section is added to chapter 18.22 RCW to read as follows:
No person may practice or represent himself or herself as a podiatric physician and surgeon without first applying for and receiving a license under this chapter to practice podiatric medicine and surgery.
Sec. 8. Section 6, chapter 38, Laws of 1917 as last amended by section 5, chapter 21, Laws of 1982 and RCW 18.22.040 are each amended to read as follows:
Before any
person ((shall be permitted to)) may take an examination for the
issuance of a ((podiatry)) podiatric physician and surgeon
license, the applicant shall submit a completed application and a fee
determined by the secretary as provided in RCW 43.70.250. The applicant shall
also furnish the ((director of licensing)) secretary and the
board with satisfactory proof that:
(1) The
applicant ((is eighteen years of age or over;
(2) The
applicant is of good moral character;
(3))) has not engaged in unprofessional conduct as
defined in chapter 18.130 RCW and is not unable to practice with reasonable
skill and safety as a result of a physical or mental impairment;
(2) The
applicant has ((successfully)) satisfactorily completed a ((four-year
course in a high school or its equivalent and a two-year college course leading
toward the baccalaureate degree, not including correspondence courses, before
beginning a course in podiatry)) course in an approved school of ((podiatry;
and
(4) The
applicant has received a diploma or certificate of graduation from a legally
incorporated, regularly established and approved school of podiatry)) podiatric medicine and surgery.
Sec. 9. Section 14, chapter 52, Laws of 1957 as last amended by section 11, chapter 7, Laws of 1985 and RCW 18.22.060 are each amended to read as follows:
((Every
applicant for a license to practice podiatry shall pay to the state treasurer a
fee determined by the director as provided in RCW 43.24.086.)) (1) The
date and location of the examination shall be established by the board.
Applicants who have met the requirements for examination under RCW 18.22.040
will be scheduled for the next examination after the filing of the complete
application. The board shall establish by rule the examination application
deadline.
(2) An
applicant who fails to pass an examination satisfactorily is entitled to
reexamination ((at a meeting called for the examination of applicants,))
upon the payment of a fee for each reexamination determined by the ((director))
secretary as provided in RCW ((43.24.086)) 43.70.250.
Sec. 10. Section 3, chapter 97, Laws of 1965 as last amended by section 12, chapter 7, Laws of 1985 and RCW 18.22.081 are each amended to read as follows:
((Any
applicant who has been examined and licensed under the laws of another state
which grants the holders of certificates from the proper authorities of this
state the full privileges of practice within its borders or an applicant who
has satisfactorily passed examinations given by the national board of podiatry
examiners may, in the discretion of the board and after examination by the
board in the clinical application of dermatology, bio-mechanics, surgery,
medicine, podiatric medicine, radiology, pharmacology, laboratory procedures,
and any other subjects the board may require by regulation, be granted a
license on the payment of a fee determined by the director as provided in RCW
43.24.086 to the state treasurer if the applicant has not previously failed to
pass an examination held in this state. If the applicant was licensed in
another state, the applicant must file with the director a copy of the license
certified by the proper authorities of the issuing state to be a full and true
copy thereof, and must show that the standards, eligibility requirements, and
examinations of that state are at least equal in all respects to those of this
state.)) The board shall establish by rule the standards for licensing
applicants who are licensed in another jurisdiction.
Sec. 11. Section 13, chapter 21, Laws of 1982 and RCW 18.22.083 are each amended to read as follows:
((Except
for applicants granted licenses under RCW 18.22.081)) Before being
issued a license to practice podiatric medicine and surgery, applicants
must successfully ((complete)) pass the examinations administered by
the national board of podiatry examiners and an examination administered or
approved by the board to determine their professional qualifications. The
((board shall prepare and give, or approve the preparation and giving of, an
examination which covers those general subjects and topics, a knowledge of
which is commonly required of candidates for the degree of doctor of podiatry
conferred by approved colleges or schools of podiatry in the United States.
The board shall have the sole responsibility for determining the proficiency of
applicants under this chapter and, in so doing, may waive any prerequisite to
licensure not set forth in this chapter)) examination administered by
the board shall include the subject areas as the board may require by rule.
The board may approve an examination prepared or administered, or both, by a private testing agency, other licensing authority, or association of licensing authorities.
The board
may by rule establish the passing grade for the examination((, and in so
doing may grant credit based on experience which shall not exceed five percent
of the total possible grade. The department shall keep records of the
examination grades which shall be permanently kept with each applicant's file)).
Sec. 12. Section 15, chapter 52, Laws of 1957 as amended by section 9, chapter 77, Laws of 1973 and RCW 18.22.110 are each amended to read as follows:
Every
holder of a ((podiatry)) podiatric physician and surgeon license
shall keep ((his)) the license on exhibition in a conspicuous
place in ((his)) the holder's office or place of business.
Sec. 13. Section 6, chapter 149, Laws of 1955 as last amended by section 13, chapter 7, Laws of 1985 and RCW 18.22.120 are each amended to read as follows:
((Every
person practicing podiatry must renew his or her license each year and pay a
renewal fee determined by the director as provided in RCW 43.24.086.
Failure to
register and pay the annual renewal fee invalidates the license, but it shall
be reinstated upon written application to the director and payment to the state
of a penalty of ten dollars, together with all delinquent annual renewal fees:
PROVIDED, That a person who fails to renew his or her license for a period of
three years is not entitled to renewal under this section but must file an
original application as provided in this chapter, and pay the required fee.
The board may permit an applicant whose license has lapsed in this manner to be
licensed without examination if it determines that the applicant meets all the
requirements for licensure in this state and is competent to engage in the practice
of podiatry.)) The
board shall establish by rule the requirements for renewal of licenses. The
secretary shall establish a renewal and late renewal penalty fee as provided in
RCW 43.70.250, and the term for renewal of a license under RCW 43.70.280. Failure
to renew invalidates the license and all privileges granted by it. The board
shall determine by rule when a license shall be canceled for failure to renew
and shall establish prerequisites for relicensing.
NEW SECTION. Sec. 14. A new section is added tochapter 18.22 RCW to read as follows:
(1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice podiatric medicine and surgery in this state without first activating the license.
(2) The inactive renewal fee shall be established by the secretary under RCW 43.70.250, but may not exceed twenty-five percent of the active license renewal fee. Failure to renew an inactive license results in cancellation in the same manner as an active license.
(3) An inactive license may be placed in an active status upon compliance with the rules established by the board.
(4) The provisions of this chapter relating to the denial, suspension, and revocation of a license are applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license remains inactive until the proceedings have been completed.
Sec. 15. Section 13, chapter 149, Laws of 1955 and RCW 18.22.191 are each amended to read as follows:
The ((director
of licensing)) secretary shall have the power and duty to formulate
and prescribe such rules and regulations as may be reasonable in the proper
administration of this chapter. In addition to any other authority provided
by law, the secretary may:
(1) Set all fees required in this chapter in accordance with RCW 43.70.250;
(2) Establish forms necessary to administer this chapter;
(3) Maintain the official department record of all applicants and licensees.
Sec. 16. Section 10, chapter 38, Laws of 1917 as last amended by section 17, chapter 21, Laws of 1982 and RCW 18.22.210 are each amended to read as follows:
It ((shall
be deemed)) is prima facie evidence of the practice of ((podiatry))
podiatric medicine and surgery or of holding oneself out as a practitioner
of ((podiatry)) podiatric medicine and surgery within the meaning
of this chapter for any person to treat in any manner ailments of the
human foot by medical, surgical, or mechanical means or appliances, or
to use the title "podiatrist," "podiatric physician and
surgeon," or any other words or letters which designate or tend to
designate to the public that the person so treating or holding himself or
herself out to treat, is a ((podiatrist: PROVIDED, HOWEVER, That nothing
herein contained shall prohibit a duly licensed physician or surgeon from
treating the human foot by medical, surgical or mechanical means or appliances))
podiatric physician and surgeon.
Sec. 17. Section 12, chapter 149, Laws of 1955 as last amended by section 19, chapter 21, Laws of 1982 and RCW 18.22.230 are each amended to read as follows:
The following practices, acts, and operations are excepted from the operation of the provisions of this chapter:
(1) The
practice of ((podiatry in the discharge of official duties by podiatrists
in the United States armed forces, public health service, Veterans Bureau or
Bureau of Indian Affairs)) podiatric medicine and surgery by an
individual employed by the government of the United States while the individual
is engaged in the performance of duties prescribed by the laws and regulations
of the United States;
(2) ((Recognized
schools of podiatry or colleges of podiatry, and the practice of podiatry by
students in such recognized schools or colleges, when acting under the
direction and supervision of registered and licensed podiatrists acting as
instructors)) The practice of podiatric medicine and surgery by students
enrolled in a school approved by the board. The performance of services must
be pursuant to a course of instruction or assignments from an instructor and
under the supervision of the instructor;
(3) The
practice of ((podiatry)) podiatric medicine and surgery by
licensed ((podiatrists)) podiatric physicians and surgeons of
other states or countries while appearing ((as clinicians at meetings of the
Washington state podiatry association or component parts thereof, or at
meetings sanctioned by them)) at educational seminars;
(4) The use
of roentgen and other rays for making radiograms or similar records of the feet
or portions thereof, under the supervision of a licensed ((podiatrist)) podiatric
physician and surgeon or a physician;
(5) The
practice of ((podiatry)) podiatric medicine and surgery by
externs, interns, and residents in training programs approved by the American
((Podiatry)) Podiatric Medical Association;
(6) The
performing of podiatric services by persons not licensed under this chapter
when performed under the supervision of a licensed podiatrist if those services
are authorized by board ((regulation)) rule or other law to be so
performed;
(7) The treatment of ailments of the feet by physicians licensed under chapter 18.57 or 18.71 RCW, or other licensed health professionals practicing within the scope of their licenses;
(8) The domestic administration of family remedies or treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination.
NEW SECTION. Sec. 18. A new section is added to chapter 18.22 RCW to read as follows:
The secretary, members of the board, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties under this chapter.
NEW SECTION. Sec. 19. A new section is added to chapter 18.22 RCW to read as follows:
This chapter shall be known as the Podiatric Physician and Surgeon Practice Act.
NEW SECTION. Sec. 20. The following acts or parts of acts are each repealed:
(1) Section 18, chapter 38, Laws of 1917, section 3, chapter 77, Laws of 1973, section 4, chapter 21, Laws of 1982 and RCW 18.22.030;
(2) Section 4, chapter 149, Laws of 1955, section 5, chapter 77, Laws of 1973, section 6, chapter 21, Laws of 1982 and RCW 18.22.050;
(3) Section 5, chapter 38, Laws of 1917, section 11, chapter 77, Laws of 1973 and RCW 18.22.130;
(4) Section 11, chapter 149, Laws of 1955, section 15, chapter 77, Laws of 1973 and RCW 18.22.185; and