WSR 98-07-086

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed March 17, 1998, 4:35 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-01-163

Title of Rule: WAC 246-907-030 Pharmaceutical licensing periods and fees

Purpose: Set appropriate fees for licenses issued by the Washington State Board of Pharmacy

Statutory Authority for Adoption: RCW 43.70.110

Statute Being Implemented: RCW 43.70.110

Summary: The secretary of the Department of Health is responsible for establishing fees for obtaining a license. Fees shall be set at a sufficient level to defray the costs of administering the program

Reasons Supporting Proposal: Revenue generated from current license fees no longer meets operating expenses

Name of Agency Personnel Responsible for Drafting: Ross Bunda, 1300 Quince Street S.E., Olympia, WA 98504, (360) 753-6834; Implementation and Enforcement: Donald Williams, 1300 Quince Street S.E., Olympia, WA 98504, (360) 753-6834

Name of Proponent: Washington State Board of Pharmacy, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes fees for licenses issued by the Washington State Board of Pharmacy. Income generated from current license fees does not meet operating expenses. For the board to continue to operate at the current level, the board must increase license fees. The board's budget allotment for the 1997-98 fiscal year is 1.9 million dollars. Income generated from current license fees will produce 1.6 million dollars for this same time period. The board must increase license fees to the extent necessary to meet the expected 1.9 million dollar budget. Licensees will pay approximately 18% more for their license. The proposed rule amendment will allow the board to operate at the current level. If fees are not raised, the Board of Pharmacy will be required to drastically reduce services which could result in a threat to public health and safety

Proposal Changes the Following Existing Rules: The proposed amendment increases fees for licenses issued by the Washington State Board of Pharmacy

No small business economic impact statement has been prepared under chapter 19.85 RCW. In preparing this small business economic impact statement, the department used, for individual practitioners, Standard Industrial Classification (SIC) code 809, Miscellaneous Health & Allied Services, Not Elsewhere Classified which has a minor impact threshold of $53.00. For businesses, the department used SIC code 512, Drugs, Drug Proprietor & Druggists' Sundries which has a minor impact threshold of $300.00. In no case did the proposed increased cost to individual health care practitioners or businesses for each fee category exceed the minor costs threshold.

Therefore, there is not disproportionate cost for small businesses, and a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. The proposed rule amendment is a fee increase above I-601. The legislature granted specific authority for the increase.

Hearing Location: Department of Health, Board of Pharmacy, Conference Room, 1300 S.E. Quince, Olympia, WA 98504, on April 21, 1998, at 10:00 a.m

Assistance for Persons with Disabilities: Contact Lisa Salmi by April 15, 1998, TDD (800) 525-0127, or (360) 664-0064

Submit Written Comments to: Lisa Salmi, FAX (360) 586-4359, by April 15, 1998

Date of Intended Adoption: April 21, 1998

March 17, 1998

Bruce Miyahara

Secretary

OTS-2090.1

AMENDATORY SECTION (Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)



WAC 246-907-030  Fees and renewal cycle. (1) Pharmacist, pharmacy ((assistant)) technician, and pharmacy intern licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) Pharmacy location, controlled substance registration (pharmacy), pharmacy ((assistant)) technician utilization, and shopkeepers differential hours licenses will expire on June 1 of each year.

(3) All other licenses, including health care entity licenses, registrations, permits, or certifications will expire on October 1 of each year.

(4) The following nonrefundable fees will be charged for pharmacy location:



Title of fee Fee
Original pharmacy fee (($275.00))

$330.00

Original pharmacy ((assistant)) technician utilization fee ((50.00))

60.00

Renewal pharmacy fee ((200.00))

240.00

Renewal pharmacy ((assistant)) technician utilization fee ((60.00))

70.00

Penalty pharmacy fee ((275.00))

120.00



(5) The following nonrefundable fees will be charged for vendor:

Original fee ((60.00))

70.00

Renewal fee ((60.00))

70.00

Penalty fee ((60.00))

50.00



(6) The following nonrefundable fees will be charged for pharmacist:

((Exam fee (full exam) 200.00))
Reexamination fee (jurisprudence portion) ((40.00))

45.00

Original license fee ((100.00))

120.00

Renewal fee, active and inactive license ((105.00))

125.00

Renewal fee, retired license 20.00
Penalty fee ((105.00))

62.50

Expired license reissuance (active and inactive) ((52.50))

62.50

Reciprocity fee ((250.00))

300.00

Certification of license status to other states 20.00
Retired license 20.00
Temporary permit ((50.00))

60.00



(7) The following nonrefundable fees will be charged for shopkeeper:

Original fee ((25.00))

30.00

Renewal fee ((25.00))

30.00

Penalty fee ((12.50))

30.00

Shopkeeper - with differential hours:
Original fee ((25.00))

30.00

Renewal fee ((25.00))

30.00

Penalty fee ((12.50))

30.00



(8) The following nonrefundable fees will be charged for drug manufacturer:

Original fee ((450.00))

540.00

Renewal fee ((450.00))

540.00

Penalty fee ((450.00))

270.00



(9) The following nonrefundable fees will be charged for drug wholesaler - full line:

Original fee ((450.00))

540.00

Renewal fee ((450.00))

540.00

Penalty fee ((450.00))

270.00



(10) The following nonrefundable fees will be charged for drug wholesaler - OTC only:

Original fee ((250.00))

300.00

Renewal fee ((250.00))

300.00

Penalty fee ((250.00))

150.00



(11) The following nonrefundable fees will be charged for drug wholesaler - export:

Original fee ((450.00))

540.00

Renewal fee ((450.00))

540.00

Penalty ((450.00))

270.00



(12) The following nonrefundable fees will be charged for pharmacy ((assistant - Level "A")) technician:

Original fee ((40.00))

45.00

Renewal fee ((30.00))

35.00

Penalty fee ((40.00))

35.00

Expired license reissuance ((30.00))

35.00



(13) The following nonrefundable fees will be charged for pharmacy intern:

Original registration fee 15.00
Renewal registration fee 15.00



(14) The following nonrefundable fees will be charged for Controlled Substances Act (CSA):

Registrations
Dispensing registration fee (i.e. pharmacies and health care entities) ((65.00))

75.00

Dispensing renewal fee (i.e. pharmacies and health care entities) ((50.00))

60.00

Distributors registration fee (i.e. wholesalers) ((90.00))

105.00

Distributors renewal fee (i.e. wholesalers) ((90.00))

105.00

Manufacturers registration fee ((90.00))

105.00

Manufacturers renewal fee ((90.00))

105.00

Sodium pentobarbital for animal euthanization registration fee ((30.00))

35.00

Sodium pentobarbital for animal euthanization renewal fee ((30.00))

35.00

Other CSA registrations ((30.00))

35.00



(15) The following nonrefundable fees will be charged for legend drug sample - distributor:

Registration fees
Original fee ((275.00))

330.00

Renewal fee ((200.00))

240.00

Penalty fee ((200.00))

120.00



(16) The following nonrefundable fees will be charged for poison manufacturer/seller - license fees:

Original fee ((30.00))

35.00

Renewal fee ((30.00))

35.00



(17) The following nonrefundable fees will be charged for facility inspection fee:

((150.00))

180.00



(18) The following nonrefundable fees will be charged for precursor control permit:

Original fee ((50.00))

60.00

Renewal fee ((50.00))

60.00



(19) The following nonrefundable fees will be charged for license reissue:

Reissue fee 15.00



(20) The following nonrefundable fees will be charged for health care entity:

Original fee ((275.00))

330.00

Renewal ((200.00))

240.00

Penalty ((275.00))

120.00



[Statutory Authority: RCW 43.70.280. 98-05-060, 246-907-030, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.040. 97-06-019, 246-907-030, filed 2/25/97, effective 3/28/97. Statutory Authority: RCW 18.64.005. 94-05-036, 246-907-030, filed 2/8/94, effective 3/11/94; 93-18-015, 246-907-030, filed 8/24/93, effective 9/24/93; 93-05-045 (Order 334), 246-907-030, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.70.250. 92-07-099 (Order 256), 246-907-030, filed 3/18/92, effective 4/18/92. Statutory Authority: RCW 43.70.040. 91-19-028 (Order 194), recodified as 246-907-030, filed 9/10/91, effective 10/11/91. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 360-18-020, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 18.64.005. 89-04-015 (Order 222), 360-18-020, filed 1/23/89; 88-14-042 (Order 216), 360-18-020, filed 6/30/88; 88-07-011 (Order 209), 360-18-020, filed 3/3/88; 87-18-066 (Order 207), 360-18-020, filed 9/2/87. Statutory Authority: RCW 18.64.005(4). 85-22-033 (Order 196), 360-18-020, filed 10/31/85; 85-06-010 (Order 193), 360-18-020, filed 2/22/85. Statutory Authority: RCW 18.64.005. 84-17-142 (Order 189), 360-18-020, filed 8/22/84; 84-04-030 (Order 184), 360-18-020, filed 1/25/84; 83-22-034 (Order 177), 360-18-020, filed 10/26/83. Statutory Authority: RCW 18.64.005 and 18.64A.020. 83-18-021 (Order 175), 360-18-020, filed 8/30/83. Statutory Authority: RCW 18.64.005(12). 82-12-041 (Order 168), 360-18-020, filed 5/28/82. Statutory Authority: RCW 18.64.005 (4) and (11). 80-08-035 (Order 155, Resolution No. 6/80), 360-18-020, filed 6/26/80, effective 9/30/80; 80-05-074 (Order 154, Resolution No. 4/80), 360-18-020, filed 4/28/80.]

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