WSR 19-06-081
PROPOSED RULES
DEPARTMENT OF HEALTH
(Board of Physical Therapy)
[Filed March 6, 2019, 8:12 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-17-050.
Title of Rule and Other Identifying Information: Chapter 246-915A WAC, Physical therapy licensure compact, the board of physical therapy (board) is proposing adding new WAC 246-915A-010, to the chapter to implement provisions of HB 1278 (chapter 108, Laws of 2017). This law approved Washington state membership in the interstate physical therapy licensure compact (PTLC) and requires the board to adopt rules to implement the compact's rules.
Hearing Location(s): On April 10, 2019, at 9:30 a.m., at the Department of Health, Point Plaza East, Room 131, 310 Israel Road S.E., Tumwater, WA 98501, Kris Waidely, program manager.
Date of Intended Adoption: April 10, 2019.
Submit Written Comments to: Kris Waidely, Department of Health, Board of Physical Therapy, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by April 1, 2019.
Assistance for Persons with Disabilities: Contact Kris Waidely, phone 360-236-4847, fax 360-236-2901, TTY 360-833-6388 or 711, email Kris.waidely@doh.wa.gov, by April 1, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HB 1278 passed in 2017 and was codified in chapter 18.74 RCW, which enacted PTLC in Washington state to facilitate interstate practice of physical therapists (PT) and physical therapist assistants (PTA). The purpose of the proposal is to comply with RCW 18.74.500, Article IX, (2), which mandates that the state of Washington is subject to the rules of PTLC, or compact commission, if the commission's rules are reviewed and adopted by the board. The proposal complies with the statute by proposing adoption and incorporation by reference to the compact commission's rules as of October 28, 2018.
Reasons Supporting Proposal: HB 1278 was codified as chapter 18.74 RCW. Rules are proposed by the board in accordance with chapter 18.74 RCW that require the board to review and adopt PTLC or compact commission rules. Until the board adopts the proposed rule, PTLC rules are not effective in Washington state. By adopting the proposed rule, Washington state can operationalize the compact privileges in Washington and improve public access to physical therapy services.
Statutory Authority for Adoption: RCW 18.74.500 and 18.74.023.
Statute Being Implemented: RCW 18.74.500.
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: Kris Waidely, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4847.
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 Kris Waidely, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4847, fax 360-236-2901, TTY 360-833-6388 or 711, email kris.waidely@doh.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: Chapter 18.74 RCW requires rules in order for Washington state to be able to issue compact privileges to PTs and PTAs who hold licenses in other states or who may wish to obtain compact privileges in other compact participating states if their originating state of licensure is Washington. The law requires the board to review the rules adopted by the PTLC commission. The PTLC rules are not effective in Washington unless the state board adopts them.
March 5, 2019
Blake T. Maresh
Executive Director
NEW SECTION
WAC 246-915A-010Physical therapy licensure compactCompact commission rules.
(1) The physical therapy licensure compact (compact) is established in Washington under RCW 18.74.500. Its purpose is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services.
(2) The rules of the physical therapy compact commission, in effect as of October 28, 2018, are adopted and incorporated by reference.
(3) A copy of the rules is available for public inspection from the department of health at https://www.doh.wa.gov/LicensesPermitsandCertificates/ProfessionsNewReneworUpdate/PhysicalTherapyLicensureCompact/RulesinProgress or by calling the department of health's office of customer service at 360-236-4700.
(4) A licensee may exercise a compact privilege as provided in RCW 18.74.500, Article IV. Applicable fees are set forth in WAC 246-915A-990.