WSR 08-04-094

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed February 5, 2008, 2:04 p.m. , effective February 22, 2008 ]


Effective Date of Rule: February 22, 2008.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare as described in HB 1666.

Purpose: HB 1666 (chapter 275, Laws of 2007) from the 2007 legislature repealed the sunset of SHB 1691 (Laws of 2004) allowing advanced registered nurse practitioners (ARNPs) to permanently be attending providers. This is currently in effect via an emergency rule filed by the department. This rule making will permanent adopt this change in WAC 296-23-241 to establish that ARNPs may be the attending provider but may not rate permanent partial disabilities for workers' compensation purposes.

Citation of Existing Rules Affected by this Order: Amending WAC 296-23-241.

Statutory Authority for Adoption: HB 1666 (chapter 275, Laws of 2007), RCW 51.04.020 and 51.04.030.

Adopted under notice filed as WSR 07-24-070 on December 4, 2007.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made from the CR-102: "Physician's initial report" was changed to "provider's initial report." Also "attending doctor's report" was changed to "attending provider's report." These are not substantive changes.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: February 5, 2008.

Judy Schurke

Director

OTS-9732.4


AMENDATORY SECTION(Amending WSR 04-22-085, filed 11/2/04, effective 12/15/04)

WAC 296-23-241   Can advanced registered nurse practitioners independently perform the functions of an attending ((physician)) provider?   (1) Advanced registered nurse practitioners (ARNPs) may ((for the period of July 1, 2004, through June 30, 2007,)) independently perform the functions of an attending ((physician)) provider under the Industrial Insurance Act, with the exception of rating permanent impairment. These functions are referenced in the medical aid rules as those of ((a physician, attending physician, or attending doctor)) an attending or treating provider, and include, but are not limited to:

Completing and signing the report of accident or ((physician's)) provider's initial report, where applicable;

Certifying time-loss compensation;

Completing and submitting all required or requested reports;

Referring workers for consultations;

Performing consultations;

Facilitating early return to work offered by and performed for the employer(s) of record;

Doing all that is possible to expedite the vocational process, including making an estimate of the worker's physical or mental capacities that affect the worker's employability.

ARNPs can state whether a worker has permanent impairment, such as on the department's ((physician's final report (PFR))) activity prescription form (APF).

((ARNPs)) (2) Advanced registered nurse practitioners cannot:

Rate permanent impairment; or

Perform independent medical examinations (IMEs).

((WAC 296-23-241 expires on June 30, 2007.))

[Statutory Authority: 2004 c 65 and 2004 c 163. 04-22-085, 296-23-241, filed 11/2/04, effective 12/15/04.]

Washington State Code Reviser's Office