Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-10-062.

     Title of Rule and Other Identifying Information: WAC 246-808-510 Definitions.

     Hearing Location(s): Department of Health, 310 Israel Road S.E., Tumwater, WA 98501, on March 25, 2006, at 10:15 a.m.

     Date of Intended Adoption: March 25, 2006.

     Submit Written Comments to: Karen Kelley, P.O. Box 47869, Olympia, WA 98504-7869, karen.kelley@doh.wa.gov, e-mail http://www3.doh.wa.gov/policyreview, fax (360) 236-4918, by March 17, 2006.

     Assistance for Persons with Disabilities: Contact Karen Kelley by March 17, 2006, TTY 711 or (800) 833-6388.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendments will add text that conveys more accurately the language in the statute, and clarify or add the following definitions:

     Auxiliary staff - clarifies that regular senior students and clinical postgraduate trainees are not included, and that auxiliary staff receive ongoing on-the-job training.

     Chiropractor - adds doctor of chiropractic to the definition.

     Direct supervision - expands the definition to include direct supervision and control, and the requirement that patients be examined by a chiropractor prior to delegating duties to auxiliary staff.

     Regular senior student - add definition.

     Clinical postgraduate trainee - add definition.

     Reasons Supporting Proposal: The amendments add clarity, more accurately reflect statute, and reflect changes to WAC 246-808-190 Preceptor or direct supervisory doctor and 246-808-535 Delegation of services to auxiliary staff and graduate doctors of chiropractic.

     Statutory Authority for Adoption: RCW 18.25.0171.

     Statute Being Implemented: Chapter 18.25 RCW.

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

     Name of Proponent: Chiropractic quality assurance commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Karen Kelley, 310 Israel Road S.E., Olympia, WA 98504-7869, (360) 236-4856.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not necessary under chapter 19.85 RCW. This rule does not impose additional costs on licensed chiropractors.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Karen Kelley, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4856, fax (360) 236-4918, e-mail karen.kelley@doh.wa.gov.

December 7, 2005

Karen Kelley

Program Manager

OTS-8471.3

AMENDATORY SECTION(Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-510   Definitions.   "Auxiliary services" means those services, excluding those practices which are restricted to licensed chiropractors, which may be needed for the support of chiropractic care.

     "Auxiliary staff" means personnel, except ((graduate doctors of chiropractic,)) regular senior students and clinical postgraduate trainees, who receive ongoing on-the-job training and who ((are working)) work for or at the direction of a licensed doctor of chiropractic.

     "Chiropractor," "doctor of chiropractic," means a person licensed ((pursuant to)) under chapter 18.25 RCW.

     "Clinical postgraduate trainee" means a graduate doctor of chiropractic serving a period of postgraduate chiropractic training in a program of clinical chiropractic training sponsored by an accredited school of chiropractic approved by this state. The clinical postgraduate trainee works under the direct supervision and control of a commission approved preceptor as described in WAC 246-808-190 and 246-808-535. Clinical postgraduate trainees who have had their chiropractic license suspended, revoked, or otherwise conditioned or restricted under authority of any competent jurisdiction shall not perform any delegated tasks listed in WAC 246-808-535(4).

     "Direct supervision" and "direct supervision and control" means ((having)) a licensed chiropractor is on the premises and immediately available, and has examined the patient prior to delegating duties to auxiliary staff, regular senior students, or clinical postgraduate trainees.

     (("Graduate doctor of chiropractic" means a graduate of an approved chiropractic college who has applied for a Washington state chiropractic license. Graduate doctors of chiropractic who have failed to pass the Washington state chiropractic examination within one year of applying for a Washington state chiropractic license may only perform auxiliary services. Graduate doctors who have had their chiropractic license suspended or revoked shall not be authorized to perform any auxiliary services.))

     "Mentally or physically disabled chiropractor" means a chiropractor who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice chiropractic with reasonable skill and safety to patients by reason of any mental or physical condition.

     "Regular senior student" means a student in his or her last term (quarter or semester) at an accredited school approved by the commission who has met all clinical and graduation requirements except clinical training hours.

     "Unprofessional conduct" as used in these regulations ((shall)) means the conduct described in RCW 18.130.180 and 18.25.112.

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, § 246-808-510, filed 8/6/96, effective 9/6/96.]