PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-17-112.
Title of Rule: WAC 246-830-005 Definitions and 246-830-435 Animal massage training.
Purpose: To implement RCW 18.108.230(5) which created endorsements for small or large animal practitioners.
Other Identifying Information: These rules implement RCW 18.108.230.
Statutory Authority for Adoption: RCW 18.108.230(5).
Statute Being Implemented: RCW 18.108.230.
Summary: The proposed rules define small and large animals and establish requirements for Washington State Massage Board approval of animal massage training programs.
Reasons Supporting Proposal: Provides a clear understanding of what would be categorized as a small or large animal and also ensure that training required is adequate to ensure that animal massage practitioners can practice safely.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kirby Putscher, Program Manager, 1112 S.E. Quince Street, Olympia, WA 98504-7867, (360) 236-4868.
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: The rule outlines the criteria that an animal massage training program must fulfill to ensure that the licensed massage practitioner has adequate knowledge to be eligible for the animal massage practitioner endorsement. Ensures to the public that the animal massage practitioner has received the required training to safely practice as an animal massage practitioner.
Proposal does not change existing rules.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
The rule requires Board of Massage approval for animal massage training to implement RCW 18.108.230. The rule requires that the statutory requirement of a minimum of one hundred hours of training in specific topics relating to animal massage be distributed among the topics for certain numbers of hours for each topic. Schools or training programs required to be licensed under private vocational schools or higher education laws, must be so licensed before the board will approve the training.
II. What industries are affected? RCW 18.108.220 Federal
classification, requires that licensed massage practitioners
be classified under SIC 8049.
| SIC Industry Code and Title | No. of Businesses | No. of Employees | Average No. of Employees for Smallest Businesses | Average No. of Employees for 10% of Largest Businesses |
| 8049 Offices of health care practitioners | 913 | 5450 | 5 | 136 |
The statute, RCW 18.108.230, imposes the cost of obtaining the training to get the endorsement. Massage schools that offer this training now charge $10 to $15 per credit hour for either the small or the large animal massage training course of 100 hours. The cost of training ranges from $1000 to $1500 for the required one hundred hours above the cost of human massage training to qualify for massage practitioner license with the small or large animal massage endorsement. Some massage practitioners now licensed may choose to obtain both endorsements and thereby incur twice the cost at $2000 to $3000.
The cost to a massage school to offer the required topics of training would range from $2,500 to $1,500 per one hundred hours of training. This difference is because a school may need to use a licensed veterinarian for part of the training at $25 per hour versus using a massage practitioner who has the knowledge of small or large animal massage at $15 per hour.
The cost of obtaining qualified trainers to teach the topics may be different for each school offering the training for small or large animal massage endorsement. This is because there may be no massage practitioner knowledgeable about animal kinesiology or animal anatomy and physiology in the vicinity of the school so they may need to use a licensed veterinarian to teach those topics. Licensed veterinarians charge more for their services than massage practitioners.
The Board of Massage did not use a survey or a committee to estimate the costs of the rule.
IV. Is the cost disproportionate? These rules will impose a disproportionate cost on small business.
The cost of filling out an application for endorsement is the same for both large and small businesses. The cost per employee for large businesses with an average of one hundred thirty-six employees is $.04. The cost per employee for small businesses with an average of five employees is $1.20.
V. What cost minimizing features were included? A. Reducing, modifying, or eliminating substantive regulatory requirements: There has been no reduction or elimination of regulatory requirements in these rules. The statute requires training in specific topic areas to obtain the small or large animal massage endorsement from the Board of Massage.
Modification of the distribution of the one hundred hours among the required topics was done after the Board received comments. The animal first aid training was reduced from five hours to four hours in response to comments that the current standard for this training is four hours. The training on proper handling techniques was increased from twenty-five hours to twenty-six hours.
B. Simplifying, reducing or eliminating record-keeping and reporting requirements: Record keeping is not changed for massage practitioners as there is no renewal requirement for the endorsement for small or large animal massage. There are no reporting requirements relating to the endorsement.
C. Reducing the frequency of inspections: There is no inspection related to obtaining the training to qualify for endorsement.
D. Delaying compliance timetables: There are no compliance timetables related to obtaining or maintaining the training for endorsement.
E. Reducing or modifying fine schedules for noncompliance: There is no reduction or modification to fines for noncompliance with the rule. The requirement to obtain the endorsement is in the statute.
VI. How did the board involve small business in the rule making and how will the board notify businesses of new requirements? Memorandum and draft rule language was mailed to interested parties and other stakeholders to provide them an opportunity to comment or recommend changes to the draft language. The Board of Massage shared the draft rule language with the Veterinary Board of Governors.
Notice of proposed rules will be mailed to interested parties and other stakeholders. The board will consult the Veterinary Board of Governors on the proposed rules.
A copy of the statement may be obtained by writing to Kirby Putscher, Program Manager, Health Professions Section Three, Massage Program, P.O. Box 47867, 1112 S.E. Quince Street, Olympia, WA 98504-7867, phone (360) 236-4868, fax (360) 236-4922.
RCW 34.05.328 applies to this rule adoption. Licensed massage practitioners must satisfy the training requirements to receive the animal massage practitioner endorsement.
Hearing Location: Department of Health, 1101 Eastside Street, Olympia, WA 98504, on February 5, 2003, at 2:00 p.m.
Assistance for Persons with Disabilities: Contact Kirby Putscher by January 29, 2003, TDD (800) 833-6388.
Submit Written Comments to: Kirby Putscher, Program Manager, Health Professions Section Three, Massage Program, P.O. Box 47867, 1112 S.E. Quince Street, Olympia, WA 98504-7867, fax (360) 236-4922, by January 29, 2003.
Date of Intended Adoption: February 5, 2003.
December 18, 2002
M. C. Selecky
Secretary
OTS-5931.2
AMENDATORY SECTION(Amending WSR 96-22-098, filed 11/6/96,
effective 12/7/96)
WAC 246-830-005
Definitions.
For the purpose of
administering chapter 18.108 RCW, the following definitions
shall apply:
(1) "Massage" is as defined in RCW 18.108.010.
(2) "Massage school" is an institution which has the sole purpose of offering training in massage therapy.
(3) "Massage program" is training in massage therapy offered by an academic institution which also offers training in other areas of study. A program is an established area of study offered on a continuing basis.
(4) "Apprenticeship program" is defined for the purposes of this chapter as training in massage administered by an apprenticeship trainer that satisfies the educational requirements for massage set forth in WAC 246-830-430, 246-830-440, and 246-830-450. This training shall be offered by an apprenticeship trainer to no more than three apprentices at one time and shall be completed within two years.
(5) "Apprenticeship trainer" is defined as a massage practitioner licensed in the state of Washington with not less than five current years of experience in full-time practice.
(6) "Apprentice" is defined as an individual enrolled in an apprenticeship program, and shall be held to the same standards as students in schools or programs.
(7) "Student" ((shall)) means an individual currently
enrolled in an approved school, program, or apprenticeship
program, who is practicing massage solely for the purposes of
education as is incidental to their current course work and
who is not receiving compensation for said practice.
(8) "Direct supervision" ((shall)) means a faculty member
is on the premises, is quickly and easily available and the
client has been examined by the faculty member at such time as
acceptable massage practice requires.
(9) "Animal" means any species normally recognized as treatable by veterinary medicine.
(10) "Large animal" means any species commonly recognized as livestock and exotics. Livestock includes horses, cattle, swine and sheep.
(11) "Small animal" means any species commonly recognized as domesticated. Domesticated includes canine, feline and other small animals.
[Statutory Authority: RCW 18.108.025(1) and 18.108.085 (1)(a). 96-22-098, § 246-830-005, filed 11/6/96, effective 12/7/96. Statutory Authority: RCW 18.108.025(1). 95-11-108, § 246-830-005, filed 5/23/95, effective 6/23/95.]
(a) Twenty-five hours of animal massage technique;
(b) Twenty-five hours of animal kinesiology;
(c) Twenty hours of animal anatomy and physiology;
(d) Four hours of animal first aid which includes knowledge of normal vital signs, identification of emergency or life threatening situations, emergency first-aid application, and legal boundaries of emergency situations; and
(e) Twenty-six hours of proper handling techniques which must include instruction on the ability to control the animal to minimize risk of harm to the animal and the animal massage practitioner.
(2) Any school or training program that is required to be licensed by private vocational education (see chapter 28C.10 RCW or Title 28B RCW), or any other statute, must complete those requirements before the board will consider the training for approval.
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