PERMANENT RULES
(Board of Physical Therapy)
Date of Adoption: February 27, 2004.
Purpose: The rules identify when various entities must report to the Board of Physical Therapy regarding a physical therapist's conduct. The rules add the phrase "mandatory reporting" to the title for each section. The definition of home health agencies is included in WAC 246-915-210. In addition, the phrase "and home health agencies" is added to the title of WAC 246-915-230 in order to add clarity and emphasis to include the practices of physical therapy in home settings. The rules clarify the information that should be reported, and make editorial changes to improve the clarity of the rules.
Citation of Existing Rules Affected by this Order: Amending WAC 246-915-210 through 246-915-280, mandatory reporting.
Statutory Authority for Adoption: RCW 18.74.023(3).
Other Authority: RCW 18.130.070.
Adopted under notice filed as WSR 04-03-107 on January 21, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 8, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 8, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 8,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
February 27, 2004
Sam Stockton, PT, Chair
Board of Physical Therapy
OTS-6869.4
AMENDATORY SECTION(Amending Order 144B, filed 2/20/91,
effective 3/23/91)
WAC 246-915-210
Mandatory reporting -- General provisions.
(1) The following definitions apply to the requirements for
mandatory reporting set out in WAC 246-915-220 through
246-915-280:
(a) "Unprofessional conduct" as used in these regulations shall mean the conduct described in RCW 18.130.180.
(((2))) (b) "Hospital" means any health care institution
licensed pursuant to chapter 70.41 RCW.
(((3))) (c) "Nursing home" means any health care
institution which comes under chapter 18.51 RCW.
(((4))) (d) "Home health agency" means a person
administering or providing two or more home health services
directly or through a contract arrangement to individuals in
places of temporary or permanent residence. A person
administering or providing nursing services only may elect to
be designated a home health agency for purposes of licensure.
(e) "Board" means the physical therapy board, whose address is:
Department of Health
((1300 Quince Street))
P.O. Box 47868
Olympia, WA 98504-7868
(((5))) (f) "Physical therapist" means a person licensed
pursuant to chapter 18.74 RCW.
(((6))) (g) "Mentally or physically disabled physical
therapist" means a physical therapist who has either been
determined by a court to be mentally incompetent or mentally
ill or who is unable to practice physical therapy with
reasonable skill and safety to patients by reason of any
mental or physical condition.
(2) All reports required by WAC 246-915-220 through 246-915-280 shall be submitted to the board as soon as possible. A report shall contain the following information if known:
(a) The name, address and telephone number of the person making the report.
(b) The name and address and telephone numbers of the physical therapist being reported.
(c) The case number of any patient whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid the evaluation of the report.
[Statutory Authority: RCW 18.74.023. 91-05-094 (Order 144B), § 246-915-210, filed 2/20/91, effective 3/23/91; 91-02-011 (Order 103B), recodified as § 246-915-210, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-210, filed 8/28/87.]
(2) A report should contain the following information if known:
(a) The name, address and telephone number of the person making the report.
(b) The name and address and telephone numbers of the physical therapist being reported.
(c) The case number of any patient whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid the evaluation of the report.)) Physical therapists shall report to the board if the therapist has knowledge that:
(a) Another therapist has committed unprofessional conduct under RCW 18.130.180, including violations of chapter 18.74 RCW and chapter 246-915 WAC; or
(b) A physical therapist is unable to practice with reasonable skill and safety as the result of a physical or mental condition.
(2) Failure to comply with these reporting requirements may constitute a violation of laws which regulate the practice of physical therapy.
[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-220, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-220, filed 8/28/87.]
[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-230, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-230, filed 8/28/87.]
(1) Demonstrated incompetence or acted with negligence in the practice of physical therapy;
(2) Has engaged in unprofessional conduct under RCW 18.130.180; or
(3) Is mentally or physically unable to perform as a physical therapist. The report shall be made regardless to whether the physical therapist appeals, accepts or acts upon the determination made by the association or society. Any notification of appeals shall be included with the report.
[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-240, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-240, filed 8/28/87.]
[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-250, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-250, filed 8/28/87.]
[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-260, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-260, filed 8/28/87.]
[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-270, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-270, filed 8/28/87.]
(1) Demonstrated incompetence or acted with negligence in the practice of physical therapy;
(2) Has engaged in unprofessional conduct under RCW 18.130.180; or
(3) Is mentally or physically unable to perform as a physical therapist. Whenever such a physical therapist has been judged to have demonstrated his/her incompetency or negligence in the practice of physical therapy, or has otherwise committed unprofessional conduct; or is a mentally or physically disabled physical therapist.
[Statutory Authority: RCW 18.74.023. 91-02-011 (Order 103B), recodified as § 246-915-280, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 87-18-040 (Order PM 675), § 308-42-280, filed 8/28/87.]