WSR 00-01-185

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed December 22, 1999, 10:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-19-090.

Title of Rule: Somatic education training program exemption.

Purpose: To implement the 1997 legislation exempting somatic educators from the Massage Therapy Practice Act.

Statutory Authority for Adoption: Chapter 18.108 RCW.

Statute Being Implemented: Chapter 18.108 RCW.

Summary: This rule will allow the department to implement 1997 legislation exempting somatic educators from the Massage Therapy Practice Act.

Reasons Supporting Proposal: In order for somatic educators to qualify for this exemption there needs to be a means for approving qualified educational programs.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tammy Benson, 1300 Quince Street, Olympia, WA, (360) 236-4858.

Name of Proponent: Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule creates an application process for somatic education training programs so that the 1997 legislation exempting somatic educators from the Massage Therapy Practice Act may be implemented. The result of this rule will be that the programs will apply for approval and once the program is approved the graduates of the program will be able to practice under the exemption.

Proposal does not change existing rules.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

The proposed rule will establish requirements for the somatic educator training program exemption. Under the Regulatory Fairness Act, chapter 19.85 RCW, a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" threshold varies by industry. The standard industrial code classifications used to determine the threshold for more than minor impact were:

Standard Economic Activity Minor Cost
Industrial Code Threshold
809 Misc. Health $53
Costs Required to Comply
Copying of already existing forms $10
One hour of time for researching and copying by clerical office staff $15
TOTAL $25

The cost of the proposed rule does not exceed the threshold where an SBEIS is required.

A copy of the statement may be obtained by writing to Tammy Benson, Program Manager, P.O. Box 47868, Olympia, WA 98504-7868, (360) 236-4858, fax (360) 753-0657.

RCW 34.05.328 applies to this rule adoption. This rule sets qualifications for an exemption from licensure. The additional analysis has been completed.

Hearing Location: 1101 Eastside Street, Olympia, WA 98504, on January 26, 2000, at 9 a.m.

Assistance for Persons with Disabilities: Contact Tammy Benson by January 15, 2000, TDD (800) 833-6388, or (360) 236-4858.

Submit Written Comments to: Tammy Benson, fax (360) 753-0657, by January 15, 2000.

Date of Intended Adoption: January 31, 2000.

December 21, 1999

Eric Slagle

for Mary Selecky

Secretary

OTS-3490.1


NEW SECTION
WAC 246-830-485
Somatic education training program exemption.

The secretary will consider approval for exemption from this chapter any individual who has completed a somatic education program that:

(1) Has a professional organization with a permanent administrative location that oversees the practice of somatic education training and that has the following:

(a) Standards of practice;

(b) A training accreditation process;

(c) An instructor certification process;

(d) A practitioner certification process;

(e) A code of ethics or code of professional conduct.

(2) An authorized representative shall submit a request for approval of a program on forms provided by the secretary.

(3) The secretary or designee will evaluate the training program and grant approval or denial. If denied, applicants will be given the opportunity to appeal through the brief adjudicative hearing process as authorized in chapter 246-10 WAC.

(4) The secretary may request updated information from an approved training program every three years to check compliance with WAC requirements. Approval may be withdrawn if WAC requirements are not maintained. If approval is withdrawn, approved programs may appeal through the brief adjudicative process as authorized in chapter 246-10 WAC.

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