WSR 13-20-084 PROPOSED RULES DEPARTMENT OF HEALTH (Nursing Care Quality Assurance Commission) [Filed September 30, 2013, 10:28 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-20-020.
Title of Rule and Other Identifying Information: WAC 246-840-125 Retired active status, this proposed new rule establishes a retired active status for registered nurses and licensed practical nurses and sets requirements for continuing competency associated with this status.
Hearing Location(s): Capitol Room, Doubletree by Hilton Hotel (formerly Phoenix Inn Suites), 415 Capitol Way North, Olympia, WA 98501, on November 8, 2013, at 1:30 p.m.
Date of Intended Adoption: November 8, 2013.
Submit Written Comments to: Teresa Corrado, P.O. Box 47864, Olympia, WA 98504-7864, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-4738, by November 1, 2013.
Assistance for Persons with Disabilities: Contact Michael Hively by November 1, 2013, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule establishes a new retired active license status for registered nurses and licensed practical nurses. The rule allows these nurses to practice on an intermittent or emergent basis, yet retain competency through continuing education and practice hours. It gives direction to nurses on the limits of a retired active status, renewal process, and reinstatement process. Fees for this new credential are being adopted separately.
Reasons Supporting Proposal: There is a need to have competent and knowledgeable nurses whose licenses can be activated quickly in a time of emergency or who can fulfill intermittent roles. There are many retired nurses who are unable to meet the required experience hours for an active license, but would like to continue to serve their communities as nurses. This rule will increase the availability of health care providers to Washington state patients.
Statute Being Implemented: RCW 18.130.250.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Nursing care quality assurance commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Paula Meyer, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4713.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Teresa Corrado, P.O. Box 47864, Olympia, WA 98504-7864, phone (360) 236-4708, fax (360) 236-4738, e-mail teresa.corrado@doh.wa.gov.
Paula R. Meyer, MSN, RN
Executive Director
NEW SECTION
WAC 246-840-125 Retired active credential.
(1) A registered or licensed practical nurse may place their credential in "retired active" status by meeting the requirements of this section. (2) A registered or licensed practical nurse who holds a retired active credential may only practice in intermittent or emergent circumstances. (a) Intermittent means the registered or licensed practical nurse will practice no more than ninety days a year. (b) Emergent means the registered or licensed practical nurse will practice only in emergency circumstances such as earthquakes, floods, times of declared war, or other states of emergency. (3) To obtain a retired active credential a registered or a licensed practical nurse must: (a) Meet the requirements in WAC 246-12-120. (b) Pay the appropriate fee in WAC 246-840-990. (4) To renew a retired active credential the registered nurse or licensed practical nurse must: (a) Meet the requirements in WAC 246-12-130. The retired active credential fee is in WAC 246-840-990. (b) Have completed forty-five hours of continuing education in compliance with WAC 246-840-203 (1)(a)(iii)(A) through (F). Education may include CPR and first aid. (c) Demonstrate they have practiced at least ninety-six hours every three years. Practice may be paid or volunteer, but must require nursing knowledge or a nursing license. (d) Renew their retired active credential every year on their birthday. (5) To return to active status the registered or licensed practical nurse must: (a) Meet the requirements in WAC 246-12-140. The active renewal fee is in WAC 246-840-990. (b) Meet the continuing competency requirements in WAC 246-840-205. (6) A registered or licensed practical nurse who holds a retired active credential is subject to a continuing competency audit. (a) All late renewals and a percentage up to five percent of registered and licensed practical nurses renewing their license may be audited by the commission. (b) A registered or practical nurse being audited will have thirty calendar days to complete and submit to the commission the audit form documenting at least ninety-six hours of active practice, and forty-five hours of continuing nursing education every three years. Active practice hours are not to exceed ninety days each year. (c) To document practice hours and continuing nursing education a registered or licensed practical nurse shall comply with WAC 246-840-206 (4) and (5).
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