Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: WAC 246-853-135, amending the time period for a temporary practice permit.

     Hearing Location(s): St. Francis Hospital, Education Room, 34515 9th Avenue South, Federal Way, WA 98003, on November 20, 2009, at 9:00 a.m.

     Date of Intended Adoption: November 20, 2009.

     Submit Written Comments to: Erin Obenland, Program Manager, Department of Health, Board of Osteopathic Medicine and Surgery, P.O. Box 47852, Olympia, WA 98504-7852, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2406, by November 13, 2009.

     Assistance for Persons with Disabilities: Contact Erin Obenland by November 13, 2009, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amends the current temporary practice permit rule WAC 246-853-135 to allow more time for a fingerprint-based national background check to be completed. The national background check process is lengthy and has caused licensing delays that may affect the public's access to health care. Currently, the temporary practice permit expires upon issuance of a license by the board or ninety days after issuance of the temporary permit, which may not allow enough time to process background checks. The amendment extends the expiration timeframe of the temporary practice permit from ninety days to one hundred eighty days, which is consistent with secretary profession, medical commission, and nursing commission rules.

     Reasons Supporting Proposal: In 2008 4SHB 1103 (chapter 134, Laws of 2008) passed authorizing fingerprint-based national background checks for those situations when a background check in RCW 18.130.64 [18.13.064] is not adequate. This rule amendment would reduce instances of temporary practice permits expiring for out-of-state applicants who are waiting while fingerprint-based national background checks are completed. This would be a benefit so there is no break in the time when an osteopathic physician can provide care to the public.

     Statutory Authority for Adoption: RCW 18.57.005, 18.130.075.

     Statute Being Implemented: Chapter 18.57 RCW, RCW 18.130.075.

     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, Implementation and Enforcement: Erin Obenland, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4945.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(g)(ii), a small business economic impact statement is not required for proposed rules that adopt, amend, or repeal a filing or related process requirement for applying to an agency for a license or permit.

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

October 6, 2009

Blake T. Maresh

Executive Director

OTS-2667.2

AMENDATORY SECTION(Amending Order 303B, filed 9/23/92, effective 10/24/92)

WAC 246-853-135   Temporary practice permit.   A temporary permit to practice osteopathic medicine and surgery may be issued to an individual licensed in another state that has substantially equivalent licensing standards to those in Washington.

     (1) The temporary permit may be issued upon receipt of:

     (a) Documentation from the reciprocal state that the licensing standards used for issuing the license are substantially equivalent to the current Washington licensing standards;

     (b) A completed application form on which the applicant indicates he or she wishes to receive a temporary permit and application and temporary permit fees;

     (c) Verification of all state licenses, whether active or inactive, indicating that the applicant is not subject to charges or disciplinary action for unprofessional conduct or impairment;

     (d) Verification from the federation of state medical board's disciplinary action data bank that the applicant has not been disciplined by a state board or federal agency.

     (2) A temporary practice permit grants the individual the full scope to practice osteopathic medicine and surgery.

     (3) The temporary permit shall expire upon issuance of a license by the board or ((ninety)) one hundred eighty days after issuance of the temporary permit, whichever occurs first. The applicant must not be subject to denial of a license or issuance of a conditional license under this chapter.

     (((3))) (4) A temporary permit shall be issued only once to each applicant. An applicant who does not complete the application process shall not receive a subsequent temporary permit.

[Statutory Authority: RCW 18.57.005 and chapter 18.57 RCW. 92-20-001 (Order 303B), § 246-853-135, filed 9/23/92, effective 10/24/92.]

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