WSR 19-15-006
(Board of Osteopathic Medicine and Surgery)
[Filed July 5, 2019, 2:24 p.m.]
Subject of Possible Rule Making: WAC 246-853-675 Patient notification, secure storage, and disposal (physicians and surgeons) and 246-854-255 Patient notification, secure storage, and disposal (physician assistants). The board of osteopathic medicine and surgery (board) is considering amending WAC 246-853-675 and 246-854-255 to establish patient notification, documentation, and counseling requirements when prescribing opioid drugs, as directed by SSB 5380. The board may also consider exemptions, as appropriate.
Statutes Authorizing the Agency to Adopt Rules on this Subject: SSB 5380 (chapter 314, Laws of 2019), chapters 18.57 and 18.57A RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SSB 5380 requires the board, along with the dental quality assurance commission, podiatric medical board, Washington medical commission, and nursing care quality assurance commission to adopt or amend rules establishing patient notification requirements.
Sections 5 and 6 of SSB 5380 direct the board to adopt or amend the opioid prescribing rules by January 1, 2020, to establish the requirement for osteopathic physicians and surgeons, and physician assistants to notify patients of their right to refuse an opioid prescription or order and to document any refusal.
Section 17 of SSB 5380 adds a new section to chapter 69.50 RCW requiring the prescribing practitioner, prior to the first opioid prescription, to discuss with the patient risks of opioids, pain management alternatives to opioids, and provide the patient a written copy of the warning language. Board rules may be amended to include pain management alternatives in the patient notification.
The board will engage in the rule-making process to implement the requirements of SSB 5380 as directed by the legislation. The board is filing for standard rule making because it may also consider exemptions which may be required for certain providers in certain setting[s] where prior notification is not possible.
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 rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tracie Drake, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4766, fax 360-236-2901, TTY 360-833-6388 or 711, email, web site
Additional comments: Interested parties may join our mailing list by visiting
July 5, 2019
John Finch, DO
Board Chair