Podiatric Medical Board Newsletter 2024 (Spring Edition)

Become Familiar with the Washington State Podiatric Medical Association (WSPMA)

Understanding federal and state anti-kickback statutes (AKS)

The federal (see 42 U.S.C. § 1320a-7b) anti-kickback statute (AKS) prohibits knowingly and willfully accepting solicitations, offers, payments, or remuneration. The AKS is one of the most important federal fraud and abuse laws that applies to physicians and healthcare providers. The department of health (Secretary), and the podiatric medical board, play a pivotal role in receiving, reviewing, investigating and assessing fines for those health care professionals found to be in violation of both federal, and especially state laws (codified in chapter 19.68 RCW), pertaining to fraud and abuse of one’s coveted oath of professional responsibility and accountability.

Opioid Prescribing and the Drug Enforcement Agency (DEA)

The DEA now requires all DEA-registered practitioners to complete a one-time, eight-hour training requirement on the treatment and management of patients with opioid or other substance use disorders. As of June 27, 2023, due to the Consolidated Appropriations Act, 2023, you are required to self-attest that you meet any one of the following circumstances to proceed with the DEA Form 224 Application for Registration or the DEA Form 224a, Renewal of Registration Application:

• The physician holds a board certification in addiction psychiatry or addiction medicine from the American Board of Medical Specialties;
• The physician holds a board certification from the American Board of Addiction Medicine;
• The physician holds a board certification in addiction medicine from the American Osteopathic Association;
• The physician has graduated from an accredited medical/osteopathic/dental school in the United States during the 5-year period preceding the date in which they first submitted a registration or renewal; or
• The physician has obtained eight (8) hours of training in the United States from any of the following organizations: (1) American Society of Addiction Medicine; (2) the American Academy of Addiction Psychiatry; (3) the American Medical Association; (4) American Osteopathic Association; (5) the American Dental Association; (6) the American Association of Oral and Maxillofacial Surgeons; (7) the American Psychiatric Association, or (8) any other organization accredited by the Accreditation Council for Continuing Medical Education (ACCME) or; (9) the Commission for Continuing Education Provider Recognition (CCEPR).

A couple of resources for acquiring mandatory training include the American Podiatric Medical Association (APMA) which has a wealth of guidance and information which can be found at www.apma.org/DEAMATE, or Present Podiatry DEA MATE Training - On-Demand.

Rulemaking

Updates

SSB 5496 - Health Professionals Monitoring Program

The Podiatry Board made amendments to WAC 246-922-400 through WAC 246-922-415. The board filed permanent rules (WSR 24-01-121) on 12/19/2023. The rules became effective on 01/19/2024. A major change is assuring that this program applies to impairing health conditions. That term is defined as a mental or physical health condition that impairs or potentially impairs the podiatric physician’s ability to practice with reasonable skill and safety.

ESSB 5229 - Health Equity Continuing Education (HECE)

The Podiatry Board made amendments to WAC 246-922-300 and WAC 246-922-310 requiring HECE. The board filed permanent rules (WSR 24-01-124) on 12/20/2023. The rules became effective on 01/19/2024. Podiatric medical professionals are required to complete a minimum of two (2) hours of health equity every four (4) years. However, the overall number of CME hours remains at 100. The rules also clarify that podiatry residents in approved postgraduate residency training programs are not required to participate in podiatric continuing medical education or CME. HECE can be done at one’s own discretion or can be completed on the department’s *free* model rules list.

The first health equity training must be completed by the end of the first full CME reporting cycle after January 1, 2024, or by the end of the first full CME reporting cycle after initial licensure, whichever is later.