WSR 22-06-071

EXPEDITED RULES

DEPARTMENT OF HEALTH

(Board of Osteopathic Medicine and Surgery)

[Filed February 28, 2022, 1:16 p.m.]

Title of Rule and Other Identifying Information: Chapter 246-854 WAC, Osteopathic physicians' assistants; and chapter 246-855 WAC, Osteopathic physicians' acupuncture assistants. The board of osteopathic medicine and surgery (board) is proposing to repeal chapters 246-854 and 246-855 WAC. SHB 2378 (chapter 80, Laws of 2020) repealed board authority for osteopathic physicians' assistants and osteopathic physicians' acupuncture assistants and transferred the authority to the Washington medical commission.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Section 59 of SHB 2378 repealed chapter 18.57A RCW in its entirety. As a result of this law being repealed, the board proposes to repeal chapter 246-854 WAC, Osteopathic physicians' assistants; and chapter 246-855 WAC, Osteopathic physicians' acupuncture assistants, as they are no longer supported by statute and under the authority of the board. All physician assistants now fall under the authority of the Washington medical commission and its rules.

Reasons Supporting Proposal: SHB 2378 moves the regulation for osteopathic physician assistants to the Washington medical commission. With this move, the legislation repealed chapter 18.57A RCW in its entirety, which left no statutory authority for chapter 246-854 WAC, Osteopathic physicians' assistants; and chapter 246-855 WAC, Osteopathic physicians' acupuncture assistants, to remain in place.

SHB 2378 eliminates the osteopathic physician assistant license under the authority of the board as of July 1, 2022. All existing licenses will be converted to physician assistant licenses under the Washington medical commission on their renewal dates.

Statutory Authority for Adoption: SHB 2378 (chapter 80, Laws of 2020).

Statute Being Implemented: SHB 2378 (chapter 80, Laws of 2020).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state board of osteopathic medicine and surgery, governmental.

Name of Agency Personnel Responsible for Drafting: Becky McElhiney, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4766; Implementation and Enforcement: Renee Fullerton, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-2850.

This notice meets the following criteria to use the expedited repeal process for these rules:

The statute on which the rule is based has been declared unconstitutional by a court with jurisdiction, there is a final judgment, and no statute has been enacted to replace the unconstitutional statute.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: SHB 2378 (chapter 80, Laws of 2020) repeals chapter 18.57A RCW, which requires the board to also repeal rules to implement the bill.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Renee Fullerton, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4766, fax 360-236-2901, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY May 2, 2022.

February 28, 2022

Renee Fullerton

Executive Director

OTS-3559.1

The following chapter of the Washington Administrative Code is repealed:

OTS-3560.1

The following chapter of the Washington Administrative Code is repealed: