WSR 18-05-007
(Podiatric Medical Board)
[Filed February 7, 2018, 4:31 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-13-094.
Title of Rule and Other Identifying Information: WAC 246-922-010 (podiatric physicians) Definitions, 246-922-240 Soliciting patients, and 246-922-120 General provisions. The podiatric medical board (board) is proposing to amend WAC 246-922-010 and 246-922-240 for clarity and necessary housekeeping purposes and is proposing to repeal WAC 246-922-120 to eliminate redundant information.
Hearing Location(s): On April 12, 2018, at 9:30 a.m., at the Department of Health, Creekside 2 at Center Point, Suite 310, Room 307, 20425 72nd Avenue South, Kent, WA 98032.
Date of Intended Adoption: April 12, 2018.
Submit Written Comments to: Susan Gragg, P.O. Box 47852, Olympia, WA 98504-7852, email, fax 360-236-2901, by April 5, 2018.
Assistance for Persons with Disabilities: Contact Susan Gragg, phone 360-236-4941, TTY 360-833-6388 or 711, email, by April 5, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board is proposing amendments to two sections and repealing one section to establish clearer and relevant rules for podiatric physicians. The proposal (1) removes outdated definitions in WAC 246-922-010; (2) moves relevant definitions from WAC 246-922-120 to 246-922-010; (3) repeals WAC 246-922-120 and the remaining irrelevant language; and (4) adds the applicable statutory reference to WAC 246-922-240. It is anticipated the effects of the proposal will be clearer practice standards and expectations established for licensees in rule.
Reasons Supporting Proposal: RCW 43.70.041 was passed by the legislature in 2013 requiring the department of health to perform periodic rule review. The objective of the statute is to simplify and streamline the process for permitting, licensing, and regulation. The proposal meets the statute's intent of simplifying regulations under the board's authority by streamlining and repealing outdated and redundant rule sections, as well as ensuring these rules contain clearer information for podiatric physicians.
Statutory Authority for Adoption: RCW 18.22.015.
Statute Being Implemented: Chapter 18.22 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state podiatric medical board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Gragg, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4941.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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)(iv) exempts rules that only correct typographical errors, make address or name changes or clarify the language of a rule without changing its effect.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
February 7, 2018
Blake T. Maresh
Executive Director
AMENDATORY SECTION (Amending WSR 99-14-074, filed 7/6/99, effective 8/6/99)
WAC 246-922-010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) ((Chiropody,)) Podiatry((,)) and podiatric medicine and surgery ((shall be)) are synonymous.
(2) "Board" ((shall)) means the Washington state podiatric medical board.
(3) (("Secretary" shall mean the secretary of the department of health.
(4) "Supervision" shall mean that a licensed podiatric physician and surgeon whose patient is being treated has personally diagnosed the condition to be treated and has personally authorized and directed the procedures to be performed. A podiatric physician and surgeon shall be physically present in the treatment facility while the procedures are performed.
(5) "Treatment facility" means a podiatric medical office or connecting suite of offices, podiatric medical clinic, room or area with equipment to provide podiatric medical treatment, or the immediately adjacent rooms or areas. A treatment facility does not extend to any other area of a building in which the treatment facility is located.
(6) "Unlicensed person" means a person who is not a podiatric physician and surgeon duly licensed pursuant to the provisions of chapter 18.22 RCW.
(7))) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.
(4) "Mentally or physically disabled podiatric physician and surgeon" means a podiatric physician and surgeon who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice podiatric medicine and surgery with reasonable skill and safety to patients by reason of any mental or physical condition.
(5) "Nursing home" has the same meaning as that in RCW 18.51.010(3).
(6) Orthotic devices defined:
(a) Prefabricated or off-the-shelf orthotics, are devices that are manufactured as commercially available stock items for no specific patient. It is appropriate to dispense prefabricated orthotic devices for some conditions.
(b) Direct-formed orthotics are devices formed or shaped during the molding process directly on the patient's foot.
(c) Custom-fabricated orthotics, also known as custom-made orthotics, are devices designed and fabricated, in turn, from raw materials for a specific patient, and require the generation of an image, form, or mold that replicates the patient's foot, and, in turn, involves the rectification of dimensions, contours, and volumes to achieve proper fit, comfort, and function for that specific patient.
((Prefabricated orthotic devices that have been adjusted or modified may not be dispensed and sold to consumers as custom fabricated or custom-made orthotics. All orthotic devices must be correctly represented and charged to the patient.)) (7) "Podiatric physician and surgeon" means a person licensed pursuant to chapter 18.22 RCW.
(8) "Secretary" means the secretary of the department of health.
(9) "Unprofessional conduct" means the conduct described in RCW 18.130.180.
AMENDATORY SECTION (Amending WSR 91-10-041, filed 4/25/91, effective 5/26/91)
WAC 246-922-240 Soliciting patients.
In accordance with chapter 19.68 RCW, a podiatric physician and surgeon shall not participate in the division of fees or agree to split or divide fees received for podiatric medical services with any person for bringing or referring patients.
The following section of the Washington Administrative Code is repealed:
WAC 246-922-120
General provisions.