WSR 15-21-047
(Chiropractic Quality Assurance Commission)
[Filed October 16, 2015, 1:52 p.m.]
Subject of Possible Rule Making: WAC 246-808-XXX Independent chiropractic examinations (ICE), the chiropractic quality assurance commission is considering creating rules to set standards for independent chiropractic physical examinations and patient records reviews.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.25.0171 and 18.130.050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently chiropractors are able to perform ICEs on chiropractic patient care. In 2013, the commission filed an ICE interpretive statement which explained that the commission has authority over ICEs because they meet the legal definition of the practice of chiropractic. The commission is considering outlining the legal standards a chiropractor must follow when performing ICEs to ensure all chiropractors follow the same standards and do not jeopardize the patient's access to care. Although the commission filed the ICE interpretive statement in 2013, it can only be used as a guidance tool because it is not enforceable. To be able to enforce the interpretive statement it needs to be adopted into rule.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other agency regulates ICE physical examinations or patient records review. However, the department of labor and industries (L&I) has jurisdiction over workers compensation ICE examinations and they established their own criteria regarding how to become an L&I approved ICE examiner. The commission's draft ICE rules will be sent to L&I giving them an opportunity to provide comment and to also testify at the future rules hearing.
Process for Developing New Rule: Collaborative.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Stakeholders will be notified of the rule making via the chiropractic listserv and postings on the chiropractic web site. Stakeholders will be given an opportunity to submit written comments for consideration. In addition, stakeholders can also participate in public rule writing workshops and/or testify at the public hearing. If you have questions regarding this proposal, please contact Leann Yount, Program Manager, P.O. Box 47858, Olympia, WA 98504-7858, office (360) 236-4856, fax (360) 236-2901, or e-mail
October 16, 2015
Leann Yount
Program Manager