WSR 15-18-103
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed September 1, 2015, 11:21 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Chapter 246-803 WAC, East Asian medicine practitioners (EAMP), repealing requirement for a written plan for consultation, emergency transfer, and referral. Amending WAC 246-803-100, 246-803-110, 246-803-120 and 246-803-130, and repealing WAC 246-803-330.
Hearing Location(s): Department of Health, Point Plaza East, Room 152, 310 Israel Road S.E., Tumwater, WA 98501, on October 16, 2015, at 10:00 a.m.
Date of Intended Adoption: October 23, 2015.
Submit Written Comments to: Vicki Brown, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by October 16, 2015.
Assistance for Persons with Disabilities: Contact Vicki Brown by October 2, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SHB 1045 (chapter 60, Laws of 2015) amended RCW 18.06.140 by removing the requirement for an EAMP to develop a written plan for consultation, emergency transfer, and referral. The proposal amends WAC 246-803-100 through 246-803-130 and repeals WAC 246-803-330 to remove this requirement for licensure.
Reasons Supporting Proposal: Rule making is necessary to align the existing rules with legislation and implementing SHB 1045.
Statutory Authority for Adoption: RCW 18.06.160.
Statute Being Implemented: Chapter 18.06 RCW as amended by SHB 1045 (chapter 60, Laws of 2015).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Brett Lorentson, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4611; Implementation and Enforcement: Vicki Brown, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4865.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.
September 1, 2015
Dennis E. Worsham
Deputy Secretary
for John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 11-17-105, filed 8/22/11, effective 9/22/11)
WAC 246-803-100 Application requirements for applicants from approved schools, colleges or programs.
An applicant for an East Asian medicine practitioner license who has graduated from an approved school, college or program must submit to the department:
(1) A completed application.
(2) The application fee required under WAC 246-803-990.
(3) Verification of academic or educational study and clinical training at a school, college or program approved by the secretary. The school, college or program verification must include one of the following:
(a) Original copy of school transcript evidencing completion of a program in East Asian medicine that includes the required basic sciences sent directly from the school, college or program; or
(b) If the school no longer exists, a copy of the transcript and a sworn affidavit stating the school no longer exists.
(4) Verification of clinical training as required in WAC 246-803-230.
(5) Verification of successful completion of the examinations as required in WAC 246-803-240.
(6) Verification of all East Asian medicine practitioner or health care licenses held, submitted directly from the licensing agency. The certification shall include the license number, issue date, expiration date and whether the East Asian medicine practitioner has been the subject of final or pending disciplinary action.
(7) Verification of completion of seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.
(8) Verification of current cardiopulmonary resuscitation (CPR) certification. The training in CPR shall consist of a minimum of one quarter credit or equivalent. Red Cross certification or documentation of equivalent training may be substituted for the one quarter credit.
(9) ((An attestation stating that the applicant will submit a plan for consultation, emergency transfer and referral prior to practicing.
(10))) Any additional documents requested by the secretary.
AMENDATORY SECTION (Amending WSR 11-17-105, filed 8/22/11, effective 9/22/11)
WAC 246-803-110 Application requirements for applicants from accredited schools, colleges or programs.
An applicant for an East Asian medicine practitioner license who has graduated from an accredited school, college or program must submit to the department:
(1) A completed application.
(2) The application fee required under WAC 246-803-990.
(3) Verification of academic or educational study and clinical training at a school, college or program accredited by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM). The school, college or program verification must include one of the following:
(a) Original copy of school transcript evidencing completion of a program in East Asian medicine that includes the required basic sciences sent directly from the school, college or program. If all of the required basic sciences were not included as a part of the curriculum, then the applicant must also provide official transcripts where the basic sciences were obtained; or
(b) A notarized affidavit or statement signed by an officer of the school, college or program certifying the applicant's satisfactory completion of the training and designating the subjects and hours; or
(c) If the school no longer exists, a copy of the transcript and a sworn affidavit stating the school no longer exists.
(4) Verification of clinical training as required in WAC 246-803-230.
(5) Verification of successful completion of the examinations as required in WAC 246-803-240.
(6) Verification of all East Asian medicine practitioner or health care licenses held, submitted directly from the licensing agency. The certification shall include the license number, issue date, expiration date and whether the East Asian medicine practitioner has been the subject of final or pending disciplinary action.
(7) Verification of completion of seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.
(8) Verification of current cardiopulmonary resuscitation (CPR) certification. The training in CPR shall consist of a minimum of one quarter credit or equivalent. Red Cross certification or documentation of equivalent training may be substituted for the one quarter credit.
(9) ((An attestation stating that the applicant will submit a plan for consultation, emergency transfer and referral prior to practicing.
(10))) Any additional documents requested by the secretary.
AMENDATORY SECTION (Amending WSR 11-17-105, filed 8/22/11, effective 9/22/11)
WAC 246-803-120 Application requirements for applicants from approved apprenticeships or tutorials.
Prior to applying for an East Asian medicine practitioner license, an applicant must have on file an approved application for apprenticeship or tutorial. The application must meet the requirements set out in WAC 246-803-510. An applicant for an East Asian medicine practitioner license who has completed an apprenticeship or tutorial program approved by the secretary must submit to the department:
(1) A completed application.
(2) The application fee required under WAC 246-803-990.
(3) Verification of academic or educational study and clinical training at an approved apprenticeship or tutorial. Verification must include a notarized affidavit or statement signed by the apprenticeship trainer certifying the applicant's satisfactory completion of the training and designating the subjects and hours.
(4) Verification of clinical training as required in WAC 246-803-230.
(5) Verification of successful completion of the examinations as required in WAC 246-803-240.
(6) Verification of all East Asian medicine practitioner or health care licenses held, submitted directly from the licensing agency. The certification shall include the license number, issue date, expiration date and whether the East Asian medicine practitioner has been the subject of final or pending disciplinary action.
(7) Verification of completion of seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.
(8) Verification of current cardiopulmonary resuscitation (CPR) certification. The training in CPR shall consist of a minimum of one quarter credit or equivalent. Red Cross certification or documentation of equivalent training may be substituted for the one quarter credit.
(9) ((An attestation stating that the applicant will submit a plan for consultation, emergency transfer and referral prior to practicing.
(10))) Any additional documents requested by the secretary.
AMENDATORY SECTION (Amending WSR 11-17-105, filed 8/22/11, effective 9/22/11)
WAC 246-803-130 Application requirements for applicants from foreign schools.
(1) An applicant for an East Asian medicine practitioner license who has graduated from a foreign East Asian medicine practitioner program not accredited, or approved by the secretary must:
(a) Have at least a bachelor's or master's degree in East Asian medicine or acupuncture from an institution of higher learning which is approved by the foreign country's ministry of education/health, or other governmental entity;
(b) Have graduated from a program of East Asian medicine or acupuncture education with requirements substantially equal to those required of graduates of secretary-approved programs; and
(c) Demonstrate fluency in reading, speaking, and understanding the English language by taking the examinations required in WAC 246-803-240 (2)(a) through (c) in English or by passage of the test of English as a foreign language in WAC 246-803-240(3).
(2) An applicant for an East Asian medicine practitioner license must submit to the department:
(a) A completed application.
(b) The application fee required under WAC 246-803-990.
(c) Original copy of school transcripts from the East Asian medicine or acupuncture program showing degree and degree date.
(d) A credentialing evaluation report from the American Association of Collegiate Registrars and Admissions Officers (AACRAO). The report must be sent directly from the AACRAO to the department. Submit transcripts, fees, and other documentation to a credentialing service approved by the department and request the evaluation report be sent directly to the department. The department recognizes the AACRAO for credential evaluations.
(e) Verification of clinical training as required in WAC 246-803-230.
(f) Verification of successful completion of the examinations as required in WAC 246-803-240.
(g) Verification of all East Asian medicine practitioner or health care licenses held, submitted directly from the licensing agency. The certification shall include the license number, issue date, expiration date and whether the East Asian medicine practitioner has been the subject of final or pending disciplinary action.
(h) Verification of completion of seven clock hours of AIDS education as required in chapter 246-812 WAC, Part 8.
(i) Verification of current cardiopulmonary resuscitation (CPR) certification. The training in CPR shall consist of a minimum of one quarter credit or equivalent. Red Cross certification or documentation of equivalent training may be substituted for the one quarter credit.
(j) ((An attestation stating that the applicant will submit a plan for consultation, emergency transfer and referral prior to practicing.
(k))) Any additional documents requested by the secretary.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 246-803-330
Plan for consultation, emergency transfer and referral.