WSR 05-20-101

PROPOSED RULES

DEPARTMENT OF HEALTH


(Chiropractic Quality Assurance Commission)

[ Filed October 5, 2005, 10:04 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-01-198.

     Title of Rule and Other Identifying Information: WAC 246-808-150 Commission approved continuing education, 246-808-165 Exemptions, and 246-808-170 Licensees residing and practicing out-of-state -- Continuing education requirements.

     Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Tumwater, WA 98501, on November 17, 2005, at 9:30 a.m.

     Date of Intended Adoption: November 17, 2005.

     Submit Written Comments to: Karen Kelley, P.O. Box 47869, Olympia, WA 98504-7869, e-mail www.doh.wa.gov/Rules/default.htm, fax (360) 236-4918, by November 8, 2005.

     Assistance for Persons with Disabilities: Contact Karen Kelley by November 1, 2005, 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 update the approved continuing education (CE) subject matter by adding nutrition and business management, add limits on hours that can be earned for some subject material, allow for CE credit to be earned by attending various multimedia CE programs, streamline the exemption rule, and will require chiropractors practicing out of state to comply with the same requirements of those chiropractors who reside and practice in Washington.

     Reasons Supporting Proposal: The current CE rule is outdated, the proposal clarifies existing requirements, and expands the types of CE that the commission will accept. In addition, the proposal ensures that all chiropractors licensed in Washington are subject to the same CE requirements.

     Statutory Authority for Adoption: RCW 18.25.0171.

     Statute Being Implemented: RCW 18.25.070.

     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, P.O. Box 47869, 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 more than minor costs on the affected industry. The rule changes clarify existing requirements, and do not impose any major changes or requirements that change the rule's effect. There are no significant costs and additional burdens. The rule imposes no costs to 98% of chiropractors. The remaining 2% may incur nominal costs for the additional required continuing education.

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

September 14, 2005

Karen Kelley

Program Manager

OTS-8039.6


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-808-150   Commission approved continuing education.   (1) ((Licensed)) Chiropractors must complete twenty-five hours of continuing education ((as required in)) per year under RCW 18.25.070 and chapter 246-12 WAC, Part 7.

     (2) The commission approves the following subject material for continuing chiropractic education credit:

     (a) Diagnosis and treatment of the spine or immediate articulations within the scope of practice;

     (b) X-ray/diagnostic imaging;

     (c) Adjustive technique;

     (d) Detection of a subluxation;

     (e) Physical examination;

     (f) Hygiene;

     (g) Symptomatology;

     (h) Neurology;

     (i) ((Spinal)) Pathology;

     (j) ((Spinal)) Orthopedics;

     (k) Patient/case management;

     (l) Impairment within the scope of practice;

     (m) CPR(( - once every three years));

     (n) Dietary and nutrition advice; and

     (o) Chiropractic philosophy and business management (not to exceed a total of eight hours).

     (3) Subject matter not approved for continuing education credit:

     (a) ((Business management;

     (b))) Subject matter not directly relating to the chiropractic clinical scope of practice; and

     (((c) Practice building; and

     (d))) (b) Conduct prohibited by Washington state statutes or rules governing chiropractic practice.

     (4) ((A formal video continuing education program that meets the requirements of this section is acceptable provided that the video viewing is accompanied by a moderator and/or a panel knowledgeable in the video contents to comment thereon and answer questions or conduct discussions.)) A chiropractor may earn a maximum of twelve hours for:

     (a) Completing a multimedia chiropractic education program, which includes, but is not limited to, the internet, and video presentations.

     (b) Serving as teachers or lecturers in continuing education programs. A chiropractor may receive credit on the same basis as the doctors attending the program.

     (5) The individual or organization responsible for a continuing education presentation must provide documentation of attendance to ((the)) participants, including course content and number of hours.

     (6) ((Licensed chiropractors serving as teachers or lecturers in commission approved continuing education programs receive credit on the same basis as the doctors attending the program.)) Chiropractors in active status who reside and practice outside Washington must meet all the requirements of this section.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-808-150, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.25 RCW. 96-16-074, § 246-808-150, filed 8/6/96, effective 9/6/96.]


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-808-165   Exemptions.   ((In the event a licensee fails to meet requirements because of illness or retirement (with no further provision of chiropractic services to consumers) or failure to renew, or other extenuating circumstances, each case shall be considered by the commission on an individual basis. When circumstances justify it, the commission may grant a time extension. In the case of permanent retirement or illness, the commission may grant indefinite waiver of continuing chiropractic education as a requirement for relicensure, provided an affidavit is received indicating the chiropractor is not providing chiropractic services to consumers. If such permanent illness or retirement status is changed or consumer chiropractic services resumed, it is incumbent upon the licensed chiropractor to immediately notify the commission and meet continuing chiropractor education requirements for relicensure. Continuing chiropractic education hours shall be prorated for the portion of the period involving resumption of such services.)) The commission may grant exemptions or time extensions on an individual basis, if a licensee fails to meet continuing education requirements due to illness, retirement, or other extenuating circumstances.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-808-165, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.25 RCW. 96-16-074, § 246-808-165, filed 8/6/96, effective 9/6/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-808-170 Licensees residing and practicing out-of-state -- Continuing education requirements.

© Washington State Code Reviser's Office