WSR 18-12-113
PROPOSED RULES
DEPARTMENT OF HEALTH
(Occupational Therapy Practice Board)
[Filed June 6, 2018, 9:55 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-03-108.
Title of Rule and Other Identifying Information: WAC 246-847-080 Examinations, 246-847-135 Standards of supervision, and 246-847-150 Fieldwork experience OTA, the occupational therapy practice board (board) is revising sections of the occupational therapy chapter. This proposal is to complement the board's separate rule-making effort, filed as WSR 18-09-032 into performing a formal five-year review in accordance with RCW 43.70.041. The board proposes rule revisions that will provide consistency and cohesion to existing rules.
Hearing Location(s): On July 20, 2018, at 9:10 a.m., at the Department of Health, Town Center Two, 111 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: July 20, 2018.
Submit Written Comments to: Kathy Weed, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by July 19, 2018.
Assistance for Persons with Disabilities: Contact Kathy Weed, phone 360-236-4883, TTY 360-833-6388 or 711, email kathy.weed@doh.wa.gov, by July 13, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules complement recent rule making, filed as WSR 18-09-032, to ensure consistency in the chapter, formalize department processes, and update standards of supervision. Proposed language will more accurately reflect current national guidelines regarding timelines for accomplishing fieldwork, more clarification on proper conduct during supervision, and add requirements for a jurisprudence exam as part of the application process.
Reasons Supporting Proposal: The proposed rule will clarify the current department process of requiring the jurisprudence exam, ensure consistency in the chapter with the changes made recently in WSR 18-09-032, align with national trends for fieldwork requirements, and provide public safety with regards to clear expectations for standards of supervision. These changes were not incorporated into the adoption of WSR 18-09-032, which was filed last month, because these particular sections were not listed in the original CR-101.
Statutory Authority for Adoption: RCW 18.59.130.
Statute Being Implemented: RCW 18.59.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: The occupational therapy practice board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kathy Weed, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4883.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kathy Weed, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4883, fax 360-236-2901, TTY 360-833-6388 or 711, email kathy.weed@doh.wa.gov.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. A small business economic impact statement was not prepared. The proposed rule would not impose more than minor costs on businesses in an industry.
June 6, 2018
Sheryl Zylstra, OT
Board Chair
AMENDATORY SECTION (Amending WSR 06-24-137, filed 12/6/06, effective 1/6/07)
WAC 246-847-080 Examinations.
(1) The occupational therapy practice board recognizes the examination administered by the National Board for Certification in Occupational Therapy or its ((successor/predecessor)) predecessor organization ((shall be)) as the official examination for licensure as an occupational therapist or as an occupational therapy assistant.
(2) To be eligible for a license((,)) an applicant((s)) must:
(a) Attain a passing score on the examination determined by the National Board for Certification in Occupational Therapy or its ((successor/predecessor)) predecessor organization; and
(b) Successfully pass the department's occupational therapy jurisprudence examination with a passing score of one hundred percent.
AMENDATORY SECTION (Amending WSR 07-20-076, filed 10/1/07, effective 11/1/07)
WAC 246-847-135 Standards of supervision.
The following are the standards for supervision of occupational therapy assistants, limited permit holders, and occupational therapy aides:
(1) A licensed occupational therapy assistant((s)) must be ((supervised through)) in regular consultation ((by)), as defined by WAC 246-847-010, with an occupational therapist licensed in the state of Washington. Regular consultation must be documented and the documentation must be kept in a location determined by the supervising occupational therapist or occupational therapy assistant.
(2)(((a))) A limited permit holder:
(a) Who is waiting to take the examination for licensure must work in association with an occupational therapist licensed in the state of Washington with a minimum of one year of experience. "In association with" ((shall)) includes consultation regarding evaluation, intervention, progress, reevaluation and discharge planning of each assigned patient at appropriate intervals and documented by cosignature of all notes by the supervising occupational therapist.
(b) ((Limited permit holders who have)) Who has failed the examination must be directly supervised by an occupational therapist licensed in the state of Washington with a minimum of one year of experience. Direct supervision must include consultation regarding evaluation, intervention, progress, reevaluation and discharge planning of each assigned patient at appropriate intervals and documented by cosignature of all notes by the supervising occupational therapist.
(3) An occupational therapy aide((s)) must be ((professionally)) supervised and trained by an occupational therapist or an occupational therapy assistant licensed in the state of Washington. Professional supervision must include documented supervision and training.
(a) The occupational therapist or occupational therapy assistant shall ((train)) provide professional supervision as defined in WAC 246-847-010 to the occupational therapy aide on client and nonclient related tasks ((at least once a month)).
(b) When performing client related tasks, the occupational therapist or occupational therapy assistant must ensure the occupational therapy aide is trained and competent in performing the task on the specific client.
(c) The documentation must be maintained in a location determined by the supervising occupational therapist or occupational therapy assistant.
(((4) Definitions can be found in WAC 246-847-010.))
AMENDATORY SECTION (Amending WSR 91-05-027, filed 2/12/91, effective 3/15/91)
WAC 246-847-150 Supervised fieldwork experienceOccupational therapy assistants.
(("))Supervised fieldwork experience((")) as defined in RCW 18.59.050 (1)(c)(ii) ((shall)) means, for an occupational therapy assistant, a minimum two months, or eight weeks, of full-time equivalency of Level II fieldwork. The Level II fieldwork must be conducted in settings approved by the applicant's academic or training program. Level II fieldwork is to provide an in-depth experience in delivering occupational therapy services to clients and to provide opportunities for supervised practice of occupational therapy assistant entry-level roles. The minimum two months, or eight weeks, of full-time equivalency supervised fieldwork experience required by RCW 18.59.050 (1)(c)(ii) ((shall)) does not include Level I fieldwork experience as defined by the ((American)) accreditation council for occupational therapy ((Association)) education.
((The supervised fieldwork experience shall consist of a minimum of two one-month sustained fieldwork placements not less than forty full-time workdays. "Full-time workdays" is as required by the fieldwork setting.))