WSR 07-16-064

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Board of Osteopathic Medicine and Surgery)

[ Filed July 26, 2007, 1:46 p.m. ]

Subject of Possible Rule Making: WAC 246-853-XXX Use of laser, light, radio frequency, and plasma devices as applied to the skin (osteopathic physicians) and 246-854-XXX Use of laser, light, radio frequency, and plasma devices as applied to the skin (osteopathic physician assistants). The board of osteopathic medicine and surgery (board) is considering rules that would define supervision and delegation of the use of lasers, light, radio frequency, and plasma (LLRP) devices by osteopathic practitioners.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.57.005, 18.57A.020, and 18.130.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board is considering rules to ensure that osteopathic physicians and osteopathic physician assistants properly delegate and supervise the use of lasers, light, radio frequency, and plasma (LLRP) devices as applied to the skin that are within the practice of osteopathic medicine. These procedures carry a potential for serious risk, especially when performed by unlicensed, untrained or unsupervised individuals.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Medical quality assurance commission (MQAC). The board has monitored MQAC's rules development and approved establishing similar rules for the osteopathic profession. This will provide greater consistency between osteopathic medicine and allopathic medicine in the use of LLRP devices. Department of licensing which regulates estheticians. Federal Food and Drug Administration because LLRP devices are regulated by that agency.

Process for Developing New Rule: Collaborative rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Arlene Robertson, Program Manager, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-4945, fax (360) 236-2406, e-mail arlene.robertson@doh.wa.gov. Notification of the rules process and opportunities to provide input to the board will be sent via Listserv and by mail to individuals on the board's interested parties list. The department of licensing and the medical quality assurance commission will be kept apprised of the rules development process and encouraged to provide input.

July 23, 2007

Blake T. Maresh

Executive Director

Washington State Code Reviser's Office