WSR 05-17-187

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed August 24, 2005, 9:09 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-14-032.

     Title of Rule and Other Identifying Information: WAC 246-926-020 General provisions, 246-926-140 Approved schools, 246-926-180 Parenteral procedures, 246-926-190 State examination/examination waiver/examination application deadline, 246-926-990 Certification and registration fees and renewal cycle.

     Hearing Location(s): Department of Health, Point Plaza East Conference Center, Rooms 152 and 153, 310 Israel Road S.E., Tumwater, WA 98501, on October 13, 2005, at 9:00 a.m.

     Date of Intended Adoption: October 13, 2005.

     Submit Written Comments to: Holly Rawnsley, Program Manager, P.O. Box 47866, Olympia, WA 98504-7866, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2406, by September 28, 2005.

     Assistance for Persons with Disabilities: Contact Holly Rawnsley by September 21, 2005, TTY (800) 833-6388 or (360) 236-4941.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to clarify the supervision needed for a radiologic technologist to perform parenteral procedures from the direction and immediate supervision of a radiologist to the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW. The proposal defines how diagnostic and therapeutic agents may be administered by radiologic technologists, as part of the parenteral procedures, and limits them to intravenous, intramuscular or subcutaneous injection. The current language does not define the routes of administration a radiologic technologist may use. The proposal also updates the acceptable accrediting bodies and updates the current examination requirements. It also corrects typographical and grammatical errors and removes definitions which are obsolete.

     Reasons Supporting Proposal: The current rules are more restrictive than the statute, the proposal reduces some of these restrictions and ensures the rules better reflect current practice. The proposal will lift unnecessary barriers without compromising patient safety. The proposal provides the benefit of ensuring that patient care is provided in a safe and expedient manner. The proposal also ensures that the most current and accurate information is available in rule relating to the program requirements.

     Statutory Authority for Adoption: RCW 18.84.040.

     Statute Being Implemented: Chapter 18.84 RCW.

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

     Name of Proponent: Department of Health, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly Rawnsley, Department of Health, P.O. Box 47866, Olympia, WA 98504-7866, (360) 236-4941.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has not conducted a small business [economic] impact statement. The proposed rule does not impose more than minor costs on small business per RCW 19.85.030.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Holly Rawnsley, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-4941, fax (360) 236-2406, e-mail Holly.Rawnsley@doh.wa.gov.

August 17, 2005

M. C. Selecky

Secretary

OTS-7063.3


AMENDATORY SECTION(Amending Order 237, filed 2/7/92, effective 2/19/92)

WAC 246-926-020   ((General provisions.)) Definitions.   (1) "Unprofessional conduct" as used in this chapter ((shall)) means the conduct described in RCW 18.130.180.

     (2) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.

     (3) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.

     (4) "Department" means the department of health.

     (5) "Radiological technologist" means a person certified ((pursuant to)) under chapter 18.84 RCW.

     (6) "Registered X-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner.

     (7)(((a) "Immediate supervision" means the appropriate licensed practitioner is in audible or visual range of the patient and the person treating the patient.

     (b))) "Direct supervision" means the appropriate licensed practitioner is on the premises((,)) and is quickly and easily available.

     (((c) "Indirect supervision" means the appropriate licensed practitioner is on site no less than half-time.))

     (8) "Mentally or physically disabled" means a radiological technologist or X-ray technician who is currently mentally incompetent or mentally ill as determined by a court, or who is unable to practice with reasonable skill and safety to patients by reason of any mental or physical condition and who continues to practice while so impaired.

[Statutory Authority: RCW 18.84.040 and 18.130.070. 92-05-010 (Order 237), § 246-926-020, filed 2/7/92, effective 2/19/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-926-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), § 308-183-010, filed 6/30/89.]


AMENDATORY SECTION(Amending Order 121, filed 12/27/90, effective 1/31/91)

WAC 246-926-140   Approved schools.   Approved schools and standards of instruction for diagnostic radiologic technologist, therapeutic radiologic technologist, and nuclear medicine technologist are those recognized as radiography, radiation therapy technology, and nuclear medicine technology educational programs that have obtained accreditation from the ((Committee on Allied Health Education and Accreditation of the American Medical Association as recognized in the publication Allied Health Education Directory, Sixteenth Edition, published by the American Medical Association, 1988 or any previous edition)) Joint Review Committee on Education in Radiologic Technology, the Joint Review Committee for Educational Programs in Nuclear Medicine Technology or the former American Medical Association Committee on Allied Health Education and Accreditation.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-926-140, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.84.040. 89-01-015 (Order PM 802), § 308-183-130, filed 12/9/88.]


AMENDATORY SECTION(Amending Order 302, filed 9/11/92, effective 10/12/92)

WAC 246-926-180   Parenteral procedures.   (1) A certified radiologic technologist may administer diagnostic and therapeutic agents under the ((direction and immediate supervision of a radiologist if)) direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW. Diagnostic and therapeutic agents may be administered via intravenous, intramuscular, or subcutaneous injection. In addition to direct supervision, before the radiologic technologist may administer diagnostic and therapeutic agents, the following guidelines ((are)) must be met:

     (a) The radiologic technologist has had the prerequisite training and thorough knowledge of the particular procedure to be performed;

     (b) Appropriate facilities are available for coping with any complication of the procedure as well as for emergency treatment of severe reactions to the diagnostic or therapeutic agent itself, including ((the ready availability of)) readily available appropriate resuscitative drugs, equipment, and personnel; and

     (c) After parenteral administration of a diagnostic or therapeutic agent, competent personnel and emergency facilities ((shall)) must be available to the patient for at least thirty minutes in case of a delayed reaction.

     (2) A certified radiologic technologist may perform venipuncture ((at the direction and immediate supervision of a radiologist)) under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW.

[Statutory Authority: RCW 43.70.040. 92-19-060 (Order 302), § 246-926-180, filed 9/11/92, effective 10/12/92; 91-02-049 (Order 121), recodified as § 246-926-180, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.84.040. 89-01-015 (Order PM 802), § 308-183-170, filed 12/9/88.]


AMENDATORY SECTION(Amending Order 237, filed 2/7/92, effective 2/19/92)

WAC 246-926-190   State examination/examination waiver/examination application deadline.   (1) The American Registry of Radiologic Technologists certification examinations for radiography, radiation therapy technology, and nuclear medicine technology ((shall be)) are the state examinations for certification as a radiologic technologist.

     (((a) The examination for certification as a radiologic technologist shall be conducted three times a year in the state of Washington, in March, July, and October.

     (b))) (2) The examination shall be conducted in accordance with the American Registry of Radiologic Technologists security measures and contract.

     (((c) Examination candidates shall be advised of the results of their examination in writing.

     (2))) (3) Applicants taking the state examination must submit the application, supporting documents, and fees to the department of health ((no later than the fifteenth day of December, for the March examination; the fifteenth day of April, for the July examination; and the fifteenth day of July, for the October)) for approval prior to being scheduled to take the examination.

     (((3) A scaled score of seventy-five is required to pass the examination.)) (4) Examination candidates shall be advised of the results of their examination in writing by the department of health.

     (5) The examination candidate must have a scaled score of seventy-five to pass the examination.

[Statutory Authority: RCW 18.84.040 and 18.84.080. 92-05-010 (Order 237), § 246-926-190, filed 2/7/92, effective 2/19/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-926-190, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.84.040. 89-01-015 (Order PM 802), § 308-183-190, filed 12/9/88.]


AMENDATORY SECTION(Amending WSR 05-12-012, filed 5/20/05, effective 7/1/05)

WAC 246-926-990   Radiological technologists certification and registration fees and renewal cycle.   (1) Certificates and registrations must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

     (2) ((The following nonrefundable fees will be charged:)) The practitioner must pay the following nonrefundable fees:

Title of Fee Fee
Application - certification $45.00
Exam fee - certification 30.00
Application - registration 35.00
Certification renewal 45.00
Registration renewal 35.00
Late renewal penalty - certification 45.00
Late renewal penalty - registration 35.00
Expired certificate reissuance 45.00
Expired registration reissuance 35.00
Certification of registration or certificate 15.00
Duplicate registration ((of)) or certificate 15.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, § 246-926-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 99-08-101, § 246-926-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, § 246-926-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.84.040 and 18.84.100. 92-05-010 (Order 237), § 246-926-990, filed 2/7/92, effective 2/19/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-926-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.84.040. 89-01-015 (Order PM 802), § 308-183-180, filed 12/9/88.]

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