PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
(Podiatric Medical Board)
[Filed June 8, 2018, 2:27 p.m.]
Subject of Possible Rule Making: WAC 246-922-230 Prohibited transactions, the podiatric medical board (board) is considering amendments regarding prohibited transactions by podiatric physicians and surgeons.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During recent rule making, the board amended WAC 246-922-010, that included language in a definition that prohibits podiatric physicians and surgeons from adjusting or modifying prefabricated orthotic devices and selling them to customers as custom fabricated or custom made devices. This language is not appropriate for a definition and was deleted.
At the rule adoption hearing during public testimony, the board was requested to refile the CR-102 to relocate the stricken sentences to another section of rule as they provide important protections for patients and set clear practice parameters for podiatric physicians. No changes were made to those rules as a result of this comment because, although the board agreed that the language prohibiting the marketing of adjusted prefabricated devices as custom devices is important, making such a substantive change at that time would require restarting the rule project from the CR-101 process. The board did, however, authorize rule-making process to address this concern at a later date. The board is now addressing this concern.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
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 by contacting Susan Gragg, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4941, fax 360-236-2901, TTY 360-833-6388 or 711, email firstname.lastname@example.org, web site www.doh.wa.gov.
Additional comments: Interested persons may sign up for the podiatric medical board's interested parties' list (GovDelivery) at https://public.govdelivery.com/accounts/WADOH/subscriber/new. All rule-making notices will be emailed via GovDelivery and program email lists. All interested parties are invited to participate in public rules meetings and are encouraged to submit written comments for consideration.
June 8, 2018
Blake T. Maresh