WSR 17-15-006
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed July 5, 2017, 2:59 p.m., effective July 5, 2017]
Effective Date of Rule: July 5, 2017.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: SHB 2448 (chapter 97, Laws of 2016), requires rules specifying the education and training for an East Asian medicine practitioner to provide point injection therapy by July 1, 2017.
Purpose: WAC 246-803-030 East Asian medicine and 246-803-040 Education and training for point injection therapy. SHB 2488 [2448] requires the department to adopt rules to define point injection therapy, list the substances that may be administered as part of point injection therapy consistent with the practice of East Asian medicine, and specify the education/training necessary to provide point injection therapy.
Citation of Existing Rules Affected by this Order: Amending WAC 246-803-030.
Statutory Authority for Adoption: RCW 18.06.230, 18.06.160, and 18.06.010.
Adopted under notice filed as WSR 17-07-081 on March 20, 2017.
Changes Other than Editing from Proposed to Adopted Version: Proposed WAC 246-803-040 (3), (5), (5)(a) and (c) were revised to remove the phrase "inhaled oxygen and" to make the rule consistent with RCW 70.54.442. Other rule language was clarified without changing its effect.
A final cost-benefit analysis is available by contacting Trina Crawford, Executive Director, Office of Health Professions, East Asian Medicine Practitioner Program, P.O. Box 47852, Olympia, WA 98405-7852 [98504-7852], phone (360) 236-4890, fax (360) 236-2901, email trina.crawford@doh.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.
Date Adopted: July 3, 2017.
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 11-17-105, filed 8/22/11, effective 9/22/11)
WAC 246-803-030 East Asian medicine.
East Asian medicine is a health care service using East Asian medicine diagnosis and treatment to promote health and treat organic or functional disorders. East Asian medicine includes the following:
(1) Acupuncture. Acupuncture includes the use of acupuncture needles or lancets to directly or indirectly stimulate acupuncture points and meridians;
(2) Use of electrical, mechanical, or magnetic devices to stimulate acupuncture points and meridians;
(3) Moxibustion;
(4) Acupressure;
(5) Cupping;
(6) Dermal friction technique;
(7) Infrared;
(8) Sonopuncture;
(9) Laserpuncture;
(10) Point injection therapy (aquapuncture)((;)):
(a) Is defined as meaning the subcutaneous, intramuscular and intradermal injection of substances consistent with the practice of East Asian medicine to stimulate acupuncture points, AHSHI points, trigger points and meridians. Substances are limited to:
(i) Saline;
(ii) Sterile water;
(iii) Herbs specifically manufactured for injection by means of hypodermic needles;
(iv) Minerals specifically manufactured for injection by means of hypodermic needles;
(v) Vitamins in liquid form specifically manufactured for injection by means of hypodermic needles; and
(vi) Homeopathic and nutritional substances specifically manufactured for injection by means of hypodermic needles.
(b) For the purposes of this section, includes trigger points as a subset of acupuncture points and AHSHI points as recognized in the current practice of East Asian medicine.
(c) Does not include injection of controlled substances contained in Schedules I through V of the Uniform Controlled Substances Act, chapter 69.50 RCW or steroids as defined in RCW 69.41.300.
(11) Dietary advice and health education based on East Asian medical theory, including the recommendation and sale of herbs, vitamins, minerals, and dietary and nutritional supplements.
Health education. Health education is educational information directed to the patient that attempts to improve, maintain, promote and safeguard the health care of the patient. Health education consists of educating the patient on how the mind, body and spirit connect in context of imbalances, emotional patterns and tendencies as defined by and treated in East Asian medicine. Health education does not include mental health counseling;
(12) Breathing, relaxation, and East Asian exercise techniques;
(13) Qi gong;
(14) East Asian massage. East Asian massage means manual techniques having originated in East Asia involving the manipulation of the soft tissues of the body for therapeutic purposes.
(a) East Asian massage consists of:
(i) Applying fixed or movable pressure;
(ii) Passive, resistive, and assisted stretching of fascial and connective tissue;
(iii) Holding or causing movement of the body; or
(iv) Tapping, compressions or friction.
(b) East Asian massage may be performed with the use of tools common to the practice and aids of superficial heat, cold, water, lubricants, salts, minerals, liniments, poultices, and herbs.
(c) East Asian massage does not include attempts to adjust or manipulate any articulations of the body or spine or mobilization of these articulations by the use of a thrusting force((;)).
(15) Tui na. Tui na is a method of East Asian bodywork, characterized by the kneading, pressing, rolling, shaking, and stretching of the body and does not include spinal manipulation; and
(16) Superficial heat and cold therapies.
NEW SECTION
WAC 246-803-040 Education and training for point injection therapy.
East Asian medicine practitioners employing point injection therapy shall use only those substances and techniques for which they have received training.
(1) The education and training for point injection therapy must:
(a) Consist of a minimum total of twenty-four contact hours of training in the topics required in this section;
(b) Include at least eight hours of clinical practical experience; and
(c) Be administered by an instructor that meets the requirements of subsection (4) of this section.
(2) A curriculum for a point injection therapy training program must include:
(a) Review of physical examination, contraindications and universal precautions, and differential diagnosis;
(b) Compounding and administration of the substances authorized for point injection therapy under WAC 246-803-030, including aseptic technique, recordkeeping and storage of substances authorized for use in point injection therapy;
(c) Emergency procedures;
(d) Point injection therapy techniques and contraindication within the East Asian medicine scope of practice relative to the authorized substances listed in WAC 246-803-030 (10)(a)(i) through (vi).
(3) Except for the training in the use of intramuscular epinephrine, the training must be delivered in person and not through webinar or other online or distance learning method.
(4) An instructor for point injection therapy must have:
(a) A health care credential in good standing with a scope of practice that includes point injection therapy; and
(b) At least five years of experience in a health care practice that includes point injection therapy.
(5) In addition to point injection therapy meeting the requirements of subsections (1) and (2) of this section, East Asian medicine practitioners using point injection therapy must complete training in the use of intramuscular epinephrine.
(a) Training in the use of intramuscular epinephrine must be according to RCW 70.54.440(4).
(b) This training may be taken separately from the training in point injection therapy.
(c) Up to two hours of training in the use of intramuscular epinephrine count in meeting the requirement for twenty-four hours of training.
(d) An East Asian medicine practitioner who holds an active credential with a scope of practice that includes the authority to prescribe, dispense or administer epinephrine does not need to meet the requirements of (a) of this subsection.
(6) To qualify under this section, the training program shall provide each successful student with a:
(a) Certificate of successful completion of the program; and
(b) Course syllabus outlining the schedule and curriculum of the program.
(7) The requirements of subsections (1) through (6) of this section do not apply to an East Asian medicine practitioner who has provided point injection therapy prior to July 1, 2017. East Asian medicine practitioners using point injection therapy prior to July 1, 2017, must have completed training and education in point injection therapy.
(8) Any East Asian medicine practitioner performing point injection therapy must be able to demonstrate, upon request of the department of health, successful completion of education and training in point injection therapy.