DEPARTMENT OF HEALTH

(Podiatric Medical Board)

[Filed August 29, 2018, 4:08 p.m., effective September 29, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-922-010 Definitions (podiatric physicians and surgeons), 246-922-240 Soliciting patients, and 246-922-120 General provisions, the podiatric medical board (board) amended WAC 246-922-010 and 246-922-240 and repealed WAC 246-922-120 to establish clearer and more relevant regulations for podiatric physicians and surgeons. The board amended WAC 246-922-010 by removing outdated definitions, reordering the terms in alphabetical order, and moving necessary definitions from WAC 246-922-120 to this section of rule. WAC 246-922-120 was repealed because all relevant definitions were moved to WAC 246-922-010. An applicable statutory reference was added to WAC 246-922-240 to provide clarification.

The board anticipates the adopted amendments will result in clearer practice standards and expectations established for licensees in rule.

Citation of Rules Affected by this Order: Repealing WAC 246-922-120; and amending WAC 246-922-010 and 246-922-240.

Statutory Authority for Adoption: RCW 18.22.015.

Other Authority: RCW 18.22.005.

Adopted under notice filed as WSR 18-05-007 on February 7, 2018.

Changes Other than Editing from Proposed to Adopted Version: The board deleted a defined term from proposed WAC 246-922-010 Definitions. The term "mental or physically disabled podiatric physician and surgeon" appeared only in rule sections that were repealed by the board in April 2018, making this term no longer necessary.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 1.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 1.

Date Adopted: April 12, 2018.

AMENDATORY SECTION(Amending WSR 99-14-074, filed 7/6/99, effective 8/6/99)

WAC 246-922-010Definitions.

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) "Nursing home" has the same meaning as that in RCW 18.51.010(3).

(5) 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.))(6) "Podiatric physician and surgeon" means a person licensed pursuant to chapter 18.22 RCW.

(7) "Secretary" means the secretary of the department of health.

(8) "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 246-922-240Soliciting 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: