WSR 17-23-121
[Filed November 17, 2017, 11:04 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-834-990 Midwifery fees and renewal cycle, proposing fee increase to bring licensing fee revenues into closer alignment with the actual costs of regulating the profession; more closely attain an appropriate annual fund balance; and update terms, and duplicate license and license verification amounts consistent with other fee rules.
Hearing Location(s): On December 28, 2017, at 11:00 a.m., at the Department of Health, Town Center, Building 2, Room #145, 111 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: January 12, 2018.
Submit Written Comments to: Nancy Elliott, P.O. Box 47850, Olympia, WA 98504-7850, email, fax 360-236-4626, by December 28, 2017.
Assistance for Persons with Disabilities: Contact Nancy Elliott, phone 360-236-4878, TTY 360-833-6388 or 711, email, by December 14, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The goal of the proposed fee increase is to bring licensing fee revenues into closer alignment with the actual costs of regulating this profession, while bringing year-end fund balances to a closer level needed to cover unanticipated expenses over a ten-year period. Current licensing revenues are lower than the annual cost of regulating the profession plus an amount needed for an appropriate annual fund balance. Increasing fees to proposed levels will allow reserves, which are used to cover unanticipated events such as increased disciplinary costs, to rise to a more desirable level, while bringing in additional revenue to assist in covering the expense of administering the program.
Reasons Supporting Proposal: RCW 43.70.250 requires the cost of each licensing program to be fully borne by the profession's members and licensing fees to be based on the licensing program's costs. In addition, the 2018 - 2019 biennial state operating budget, SSB 5883 (chapter 1, Laws of 2017), appropriates $40,000 per year solely for the midwifery licensure and regulatory program to supplement revenue from fees. Based on six-year projections of fee revenue and expenses for this profession, using best available data, revenue from the current midwifery profession fees, combined with the $40,000 annual subsidy, is still less than the anticipated expenditures. Without the proposed fee increases, the year-end balance will continue to be substantially less than the desired level.
Statutory Authority for Adoption: RCW 43.70.250 and 43.70.280.
Statute Being Implemented: RCW 43.70.250 and 43.70.280.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nancy Elliott, 111 Israel Road, Tumwater, WA 98501, 360-236-4878.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
Explanation of exemptions: SSB 5883 (section 219(12), chapter 1, Laws of 2017 3rd sp. sess. (PV)), authorizes the department to charge a midwife license fee of not more than $525.
November 16, 2017
John Wiesman, DrPH, MPH
AMENDATORY SECTION (Amending WSR 17-15-024, filed 7/7/17, effective 8/7/17)
WAC 246-834-990 Midwifery fees and renewal cycle.
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following fees are nonrefundable:
Title of Fee
Initial application
State examination (initial/retake)
Late renewal penalty
Duplicate license
((Certification)) Verification of license
Expired license reissuance
UW online access fee (HEAL-WA)
Student midwife permit
Inactive credential