WSR 18-06-008
(Podiatric Medical Board)
[Filed February 23, 2018, 8:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-13-093.
Title of Rule and Other Identifying Information: WAC 246-922-045, 246-922-130, 246-922-140, 246-922-150, 246-922-160, 246-922-170, 246-922-180 and 246-922-190, the podiatric medical board (board) is proposing to repeal a rule section concerning conduct at an examination that is no longer needed. The board is also addressing redundancies regarding mandatory reporting by proposing to amend one rule section and repeal six other sections.
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 reviewed existing rules in accordance with RCW 43.70.041 that requires the department of health (department), along with the other health profession's boards and commissions, to perform a review of existing rules every five years. As a result of their review, the board is proposing to repeal a rule section concerning conduct at an examination, because the state no longer administers the examination. The board is also addressing redundancies between existing statute and rules regarding mandatory reporting. The board proposes to amend one rule section and repeal six other sections of rule.
Reasons Supporting Proposal: RCW 43.70.041 was passed by the legislature in 2013 requiring the department to perform periodic rule review. This included the department's health profession's boards and commission. 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 amending a section of rule and repealing rule sections that are no longer needed.
Statutory Authority for Adoption: RCW 18.22.015.
Statute Being Implemented: Chapter 18.22 RCW and RCW 43.70.041.
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 23, 2018
Blake T. Maresh
Executive Director
AMENDATORY SECTION (Amending WSR 91-10-041, filed 4/25/91, effective 5/26/91)
WAC 246-922-130 Mandatory reporting.
(((1) All reports required by these regulations shall be submitted to the board as soon as possible, but no later than sixty days after a determination is made.
(2) A report should contain the following information if known:
(a) The name, address and telephone number of the person making the report.
(b) The name, address and telephone number of the podiatric physician and surgeon being reported.
(c) The case number of any patient whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid in the evaluation of the report.)) Any person including, but not limited to, a podiatric physician and surgeon, health care facility, or governmental agency shall always report in compliance with the uniform mandatory reporting rules found in WAC 246-16-200 through 246-16-270.
The following sections of the Washington Administrative Code are repealed:
WAC 246-922-045
Examination conduct.
WAC 246-922-140
Health care institutions.
WAC 246-922-150
Podiatric medical associations or societies.
WAC 246-922-160
Health care service contractors and disability insurance carriers.
WAC 246-922-170
State and federal agencies.
WAC 246-922-180
Professional review organizations.
WAC 246-922-190
Malpractice suit reporting.