WSR 98-05-060

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed February 13, 1998, 4:35 p.m.]

Date of Adoption: February 4, 1998.

Purpose: Consolidation of the administrative procedures and requirements for forty-three health care provider's credentials to a single, uniform process.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-328-100, 246-802-020, 246-808-106, 246-808-160, 246-808-185, 246-810-020, 246-810-022, 246-812-140, 246-815-040, 246-815-150, 246-815-300, 246-817-201, 246-822-110, 246-828-050, 246-828-520, 246-828-540, 246-828-560, 246-830-050, 246-830-465, 246-830-470, 246-830-480, 246-834-500, 246-836-090, 246-840-100, 246-840-110, 246-840-115, 246-843-155, 246-843-160, 246-843-250, 246-843-320, 246-845-100, 246-847-060, 246-847-200, 246-851-020, 246-851-100, 246-851-220, 246-851-240, 246-851-510, 246-853-040, 246-853-240, 246-853-270, 246-853-275, 246-861-120, 246-863-050, 246-869-050, 246-907-020, 246-915-060, 246-918-006, 246-918-085, 246-919-030, 246-919-305, 246-919-400, 246-919-410, 246-919-420, 246-919-440, 246-922-275, 246-922-280, 246-922-320, 246-924-120, 246-924-290, 246-924-320, 246-924-490, 246-926-160, 246-928-090, 246-930-400, 246-930-430, 246-933-180, 246-933-430 and 246-933-470; and amending WAC 246-328-200, 246-328-990, 246-802-025, 246-802-090, 246-802-250, 246-802-990, 246-808-105, 246-808-150, 246-808-155, 246-808-165, 246-808-180, 246-808-215, 246-808-990, 246-810-080, 246-810-130, 246-810-990, 246-812-120, 246-812-160, 246-812-990, 246-815-020, 246-815-100, 246-815-140, 246-815-990, 246-817-110, 246-817-150, 246-817-210, 246-817-990, 246-822-120, 246-822-990, 246-824-020, 246-824-040, 246-824-071, 246-824-073, 246-824-075, 246-824-170, 246-824-990, 246-826-050, 246-826-230, 246-826-990, 246-828-295, 246-828-300, 246-828-370, 246-828-510, 246-828-530, 246-828-990, 246-830-035, 246-830-460, 246-830-990, 246-834-060, 246-834-065, 246-834-170, 246-834-200, 246-834-260, 246-836-080, 246-836-410, 246-836-990, 246-840-010, 246-840-020, 246-840-040, 246-840-080, 246-840-090, 246-840-120, 246-840-340, 246-840-350, 246-840-360, 246-840-365, 246-840-410, 246-840-440, 246-840-450, 246-840-990, 246-841-610, 246-841-990, 246-843-150, 246-843-162, 246-843-180, 246-843-230, 246-843-330, 246-843-990, 246-845-990, 246-847-055, 246-847-065, 246-847-068, 246-847-070, 246-847-190, 246-847-990, 246-849-110, 246-849-210, 246-849-220, 246-849-260, 246-849-990, 246-851-090, 246-851-430, 246-851-990, 246-853-045, 246-853-060, 246-853-080, 246-853-210, 246-853-230, 246-853-990, 246-854-050, 246-854-080, 246-854-110, 246-855-100, 246-861-010, 246-861-020, 246-863-030, 246-863-070, 246-863-080, 246-863-090, 246-863-120, 246-879-070, 246-887-020, 246-901-065, 246-901-120, 246-907-030, 246-915-010, 246-915-050, 246-915-085, 246-915-110, 246-915-990, 246-918-080, 246-918-170, 246-918-180, 246-918-990, 246-919-380, 246-919-430, 246-919-460, 246-919-480, 246-919-990, 246-922-070, 246-922-290, 246-922-295, 246-922-300, 246-922-990, 246-924-110, 246-924-230, 246-924-500, 246-924-990, 246-926-170, 246-926-200, 246-926-990, 246-928-190, 246-928-990, 246-930-020, 246-930-410, 246-930-420, 246-930-990, 246-933-305, 246-933-420, 246-933-480, 246-933-990, 246-935-130, 246-935-990, 246-937-050, 246-937-080, and 246-937-990.

Statutory Authority for Adoption: RCW 43.70.280.

Adopted under notice filed as WSR 98-01-166 on December 22, 1997.

Changes Other than Editing from Proposed to Adopted Version: Changes are technical and grammatical only.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 50, amended 156, repealed 69.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 50, amended 156, repealed 69.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 50, amended 156, repealed 69.

Effective Date of Rule: Thirty-one days after filing.

February 12, 1998

Bruce Miyahara

Secretary

Chapter 246-12 WAC


ADMINISTRATIVE PROCEDURES AND REQUIREMENTS FOR CREDENTIALED HEALTH CARE PROVIDERS

PART 1

GENERAL PROVISIONS

NEW SECTION

WAC 246-12-001 Purpose and scope. The rules in this chapter are intended to ensure consistent application of administrative procedures and requirements for licensure, certification and registration of health care practitioners credentialed under the Uniform Disciplinary Act (RCW 18.130.040), except those credentialed under chapter 18.73 RCW (emergency medical services). Within the rules there are several references to additional requirements which may be unique to a profession. Examples are the renewal cycle, fees, continuing education or competency requirements. Refer to individual profession's laws and rules for further guidance and information. Health profession laws and rules are available in public libraries and in publications by the department of health.

[]

NEW SECTION

WAC 246-12-010 Definitions. (1) "Business": A business is an adult family home provider owned by a corporation regulated under chapter 18.48 RCW; a pharmaceutical firm regulated under chapter 18.64 RCW; or a nursing pool regulated under chapter 18.52C RCW; or a health care assistant regulated under chapter 18.135 RCW.

(2) "Credential": A credential is a license, certification, or registration issued to a person to practice a regulated health care profession. Whether the credential is a license, certification or registration is determined by the law regulating the profession.

(3) "Declaration": A declaration is a statement signed by the practitioner on a form provided by the department of health for verifying continuing education, AIDS training, or other requirements. When required, declarations must be completed and signed to be effective verification to the department.

(4) "Disciplinary suspension": The regulatory entity places the credential in disciplinary suspension status when there is a finding of unprofessional conduct. Refer to the Uniform Disciplinary Act (RCW 18.130.160).

(5) "Mandated suspension": The department of health places the credential in mandated suspension status when a law requires suspension of a credential under certain circumstances. This suspension is nondiscretionary for the department of health. Examples of mandated suspension are default on a student loan and failure to pay child support. The practitioner may not practice while on mandated suspension. The credential must be returned to active status before the practitioner may practice. See Part 6 of this chapter.

(6) "Practitioner": A practitioner is an individual health care provider listed under the Uniform Disciplinary Act, RCW 18.130.040.

(7) "Regulatory entities": A "regulatory entity" is a board, commission, or the secretary of the department of health designated as the authority to regulate one or more professions or occupations in this state. Practitioner health care practice acts and the Uniform Disciplinary Act (UDA) designate whether it is a board, commission, or the secretary of the department of health which has the authority to adopt rules, discipline health care providers, and determine requirements for initial licensure and continuing education requirements.

The regulatory entity determines whether disciplinary action should be taken on a credential for unprofessional conduct. These actions may include revocation, suspension, practice limitations or conditions upon the practitioner.

(8) "Renewal": Every credential requires renewal. The renewal cycle is either one year or two years, depending on the profession.

(9) "Secretary": The secretary is the secretary of the department of health or his or her designee.

(10) "Status": All credentials are subject to the Uniform Disciplinary Act (UDA) regardless of status. A credential status may be in any one of the following:

(a) Most credentials are in "active" status. These practitioners are authorized to practice the profession. These practitioners need to renew the credential each renewal cycle. See Part 2 of this chapter.

(b) The department of health places the credential in "expired" status if the credential is not renewed on time. While in expired status, the practitioner is not authorized to practice. Practice on an expired status is a violation of law and subject to disciplinary action. See Part 2 of this chapter.

(c) A practitioner may place the credential in "inactive" status if authorized by the regulatory entity. This means the practitioner is not practicing the profession. See Part 4 of this chapter.

(d) A practitioner may place the credential in "retired active" status if authorized by the regulatory entity. This means the practitioner can practice only intermittently or in emergencies. See Part 5 of this chapter.

[]

PART 2

INITIAL AND RENEWAL CREDENTIALING OF PRACTITIONERS

NEW SECTION

WAC 246-12-020 How to obtain an initial credential. (1) An initial credential for a practitioner is issued once all eligibility requirements are met.

(2) To obtain an initial credential, the practitioner must:

(a) Pay applicable application, examination and licensing fees;

(b) Submit an application on forms approved by the secretary;

(c) Submit supporting documentation required by the regulatory entity.

(3) The initial credential will expire on the practitioner's birthday, except for faculty or postgraduate education credentials authorized by law. Initial credentials issued within ninety days of the practitioner's birthday do not expire until the practitioner's next birthday.

[]

NEW SECTION

WAC 246-12-030 How to renew a credential. (1) The expiration date for all credentials is the practitioner's birthday, except for faculty or postgraduate education credentials authorized by law.

(2) A credential period may be one or two years. To determine the renewal cycle, refer to the individual laws and rules pertaining to your profession.

(3) To renew a credential, the practitioner must:

(a) Pay the renewal fee;

(b) Pay the substance abuse monitoring surcharge, if required by the profession; and

(c) Provide written declarations or documentation, if required for the profession.

(4) Prior to the credential expiration date, courtesy renewal notices are mailed to the address on file. Practitioners should return the renewal notice when renewing their credential. Failure to receive a courtesy renewal notice does not relieve or exempt the credential renewal requirement.

(5) Renewal fees are accepted by the department no sooner than ninety days prior to the expiration date.

[]

NEW SECTION

WAC 246-12-040 How to return to active status when a credential has expired. (1) The credential status is expired if the practitioner does not renew on or before the expiration date. Any renewal that is postmarked or presented to the department after midnight on the expiration date is late, and subject to a late renewal penalty fee. The practitioner must not practice until the credential is returned to active status.

(2) A credential is returned to active status by complying with the following:

(a) Expired for one renewal cycle or less:

(i) Pay the late renewal penalty fee;

(ii) Pay the current renewal fee;

(iii) Pay the current substance abuse monitoring surcharge, if required by the profession;

(iv) Provide written declarations or documentation, if required for the profession; and

(v) Comply with current continuing education or continuing competency requirements if required by the profession.

(b) Expired for more than one renewal cycle but less than three years:

(i) Complete an abbreviated application form;

(ii) Pay the late renewal penalty fee;

(iii) Pay the current renewal fee;

(iv) Pay the current substance abuse monitoring surcharge, if required by the profession;

(v) Pay the expired credential reissuance fee;

(vi) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;

(vii) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;

(viii) Provide a written declaration that continuing education and competency requirements for the two most recent years have been met, if required for the profession to maintain an active credential; and

(ix) Provide other written declarations or documentation, if required for the profession.

(c) Expired for over three years:

(i) Complete an abbreviated application form;

(ii) Pay the late renewal penalty fee;

(iii) Pay the current renewal fee;

(iv) Pay the current substance abuse monitoring surcharge, if required by the profession;

(v) Pay the expired credential reissuance fee;

(vi) Satisfy other competency requirements of the regulatory entity, if required;

(vii) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;

(viii) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;

(ix) Provide a written declaration that continuing education or competency requirements for the two most recent years have been met, if required for the profession to maintain an active credential;

(x) Provide other written declarations or documentation, if required for the profession; and

(xi) If not previously provided, provide proof of AIDS education as required for the profession and in Part 8 of this chapter.

[]

PART 3

INITIAL AND RENEWAL CREDENTIALING OF BUSINESSES

NEW SECTION

WAC 246-12-060 How to obtain an initial business credential. An initial credential for a business is issued once all eligibility requirements are met. To obtain an initial credential, the business must:

(1) Pay all applicable application and license fees;

(2) Submit an application on forms approved by the secretary;

(3) Submit supporting documentation required by the regulatory entity.

[]

NEW SECTION

WAC 246-12-070 How to renew a business credential. (1) A business expires on a date determined by the regulatory entity.

(2) A credential period may be one or two years. Refer to the profession laws and rules to determine the renewal cycle and expiration date.

(3) To renew a credential the business must:

(a) Pay the renewal fee; and

(b) Provide written declarations or documentation, if required for the profession.

(4) Prior to the credential expiration date, courtesy renewal notices are mailed to the address on file. Businesses should return the renewal notice when renewing their credential. Failure to receive a courtesy renewal notice does not relieve or exempt the credential renewal requirement.

(5) Renewal fees are accepted by the department within ninety days prior to the expiration date.

[]

NEW SECTION

WAC 246-12-080 When a business credential expires. (1) The business credential expires if the credential is not renewed on or before the expiration date. The business must not open for business or otherwise operate until the credential is renewed.

(2) A business credential is renewed by complying with the following:

(a) Expired for three years or less:

(i) Pay the late renewal penalty fee;

(ii) Pay the current renewal fee for each renewal cycle where the credential was expired; and

(iii) Provide written declarations or documentation, if required for the profession.

(b) Expired more than three years:

(i) Comply with the qualifications and procedures for initial credentialing; and

(ii) Pay initial credentialing fee.

[]

PART 4

INACTIVE CREDENTIAL

NEW SECTION

WAC 246-12-090 How to obtain an inactive credential. A practitioner may obtain an inactive credential if authorized by the regulatory entity. Refer to the profession rules to determine if this status is available.

(1) To obtain an inactive credential the practitioner must submit a letter notifying the department of health of the intent to obtain an inactive credential.

(2) A practitioner may apply for an inactive credential if he or she meets the following criteria:

(a) Holds an active Washington state credential;

(b) Is in good standing; and

(c) Will not practice in Washington.

(3) The practitioner may obtain an inactive credential at any time the criteria in subsection (2) of this section are met. The fee for the initial inactive credential will be due when the active credential expires. Portions of the current renewal fee will not be prorated or refunded for the remaining active renewal cycle.

[]

NEW SECTION

WAC 246-12-100 How to renew an inactive credential. (1) The expiration for all credentials is the practitioner's birthday. To renew an inactive credential, the practitioner must:

(a) Pay the inactive credential renewal fee; and

(b) Pay the substance abuse monitoring surcharge, if required by the profession.

(2) To determine the renewal cycle, refer to the individual laws and rules pertaining to your profession.

(3) Inactive credential renewal fees are accepted by the department no sooner than ninety days prior to the expiration date.

(4) Prior to the inactive credential expiration date, courtesy renewal notices are mailed to the address on file. Practitioners should return the renewal notice when renewing their credential. Failure to receive a courtesy renewal notice does not relieve or exempt the inactive credential renewal requirement.

[]

NEW SECTION

WAC 246-12-110 How to return to active status from inactive status. To change an inactive credential to an active credential status the practitioner must:

(1) Notify the department in writing of the change;

(2) Pay the appropriate current active renewal fee;

(3) Pay the current substance abuse monitoring surcharge, if required by the profession.

(4) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;

(5) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;

(6) Provide a written declaration that continuing education and competency requirements for the two most recent years have been met, if required for the profession;

(7) Provide other written declarations or documentation, if required for the profession;

(8) Satisfy other competency requirements of the regulatory entity; if required; and

(9) If not previously provided, provide proof of AIDS education as required for the profession and in Part 8 of this chapter.

[]

PART 5

RETIRED ACTIVE CREDENTIAL

NEW SECTION

WAC 246-12-120 How to obtain a retired active credential. A practitioner may obtain a retired active status credential if authorized by the regulatory entity. Refer to the profession rules to determine if this status is available.

(1) To obtain a retired active credential the practitioner must submit a letter notifying the department of health of the intent to practice only on an intermittent or emergency basis.

(2) A practitioner may apply for a retired active credential (refer to RCW 18.130.250) if he or she meets the following criteria:

(a) Holds an active Washington state credential;

(b) Is in good standing; and either

(c) Will practice no more than ninety days each year in Washington state; or

(d) Will practice only in emergency circumstances such as earthquakes, floods, times of declared war or other states of emergency.

(3) The practitioner may obtain a retired active credential at any time the criteria in subsection (2) of this section are met. The fee for the initial retired active credential will be due when the active credential expires. Portions of the current renewal fee will not be prorated or refunded for the remaining active renewal cycle.

(4) The profession may define specific practice settings in which services may be provided. Refer to the laws and rules of the profession to determine if specific practice settings are identified.

[]

NEW SECTION

WAC 246-12-130 How to renew a retired active credential. (1) The expiration for all credentials is the practitioner's birthday. To determine the renewal cycle, refer to the individual laws and rules pertaining to your profession.

(2) To renew a retired active credential, the practitioner must:

(a) Pay the retired active credential renewal fee;

(b) Pay the substance abuse monitoring surcharge, if required by the profession;

(c) Provide a written declaration stating that he or she practiced only intermittently or in an emergency during the previous renewal cycle;

(d) Provide a written declaration stating that continuing education or competency requirements have been met, if required for the profession; and

(e) Provide other written declarations or documentation, if required for the profession.

(3) Retired active credential renewal fees are accepted by the department no sooner than ninety days prior to the expiration date.

(4) Prior to the retired active credential expiration date, courtesy renewal notices are mailed to the address on file. Practitioners should return the renewal notice when renewing their credential. Failure to receive a courtesy renewal notice does not relieve or exempt the retired active credential renewal requirement.

[]

NEW SECTION

WAC 246-12-140 How to return to active status from retired active status. To change a retired active credential to an active credential status the practitioner must:

(1) Notify the department in writing of the change;

(2) Pay the appropriate current active renewal fee;

(3) Pay the current substance abuse monitoring surcharge, if required by the profession.

(4) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;

(5) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;

(6) Provide a written declaration that continuing education and competency requirements have been met, if required for the profession;

(7) Provide other written declarations or documentation, if required for the profession;

(8) Satisfy other competency requirements of the regulatory entity, if required; and

(9) If not previously provided, provide proof of AIDS education as required for the profession and in Part 8 of this chapter.

[]

PART 6

CREDENTIAL SUSPENSIONS

NEW SECTION

WAC 246-12-160 How to return to active status following a mandated suspension. (1) The department of health places the credential in mandated suspension status when a law requires suspension of a credential under certain circumstances. This suspension is not discretionary for the department of health. Examples of mandated suspension are default on a student loan and failure to pay child support. The practitioner may not practice while on mandated suspension. The credential must be returned to active status before the practitioner may practice.

(2) A credential is returned to active status by complying with the following:

(a) Meet all the requirements outlined in the order mandating the suspension;

(b) Pay the current renewal fee, if due;

(c) Pay the substance abuse monitoring surcharge if required by the profession;

(d) Pay a "return from mandated suspension fee" of two hundred forty-five dollars. Standard renewal fees are not required during the period of the suspension;

(e) Provide written declaration that all continuing education and competency requirements for the entire suspension period have been met, if required by the profession;

(f) Provide other written declarations or documentation, if required for the profession; and

(g) If the mandated suspension was for more than three years the practitioner must also comply with any specific requirements identified in rule by that profession's regulatory entity.

[]

NEW SECTION

WAC 246-12-165 How to return to active status following a disciplinary suspension. (1) The regulatory entity may place a credential on disciplinary suspension when there is a finding of unprofessional conduct. The practitioner may not practice while on suspension unless the suspension is stayed. The credential must be returned to active status before the practitioner may practice.

(2) A credential is returned to active status by complying with the following:

(a) Meet all the requirements outlined in the disciplinary order;

(b) Pay the current renewal fee, if due. Standard renewal fees are not required during the period of the suspension unless the suspension is stayed;

(c) Pay the substance abuse monitoring surcharge if required by the profession;

(d) Provide written declaration that all continuing education and competency requirements for the entire suspension period have been met, if required by the profession; and

(e) Provide other written declarations or documentation, if required for the profession.

[]

PART 7

CONTINUING EDUCATION

NEW SECTION

WAC 246-12-170 When is continuing education required? Continuing education is required for renewal of a credential only if authorized in law. The regulatory entity defines the continuing education requirements. Practitioners should refer to the laws and rules relating to their profession to determine if continuing education is required.

[]

NEW SECTION

WAC 246-12-180 How to prove compliance. If continuing education is required for renewal, the practitioner must verify compliance by submitting a signed declaration of compliance.

[]

NEW SECTION

WAC 246-12-190 Auditing for compliance. Up to twenty-five percent of the practitioners are randomly audited for continuing education compliance after the credential is renewed. It is the practitioner's responsibility to submit documentation of completed continuing education activities at the time of the audit. Failure to comply with the audit documentation request or failure to supply acceptable documentation within sixty days may result in disciplinary action.

[]

NEW SECTION

WAC 246-12-200 What is acceptable audit documentation? Practitioners must:

(1) Prove compliance which may include course or program certificates of training or transcripts. Refer to the rules of your profession for more specific guidance.

(2) Keep records for four years documenting attendance description of learning.

[]

NEW SECTION

WAC 246-12-210 When is a practitioner exempt from continuing education? A practitioner may be excused from or granted an extension of continuing education requirements due to illness or other extenuating circumstances. The profession's regulatory entity determines when the requirements may be waived or may grant an extension.

[]

NEW SECTION

WAC 246-12-220 How credit hours for continuing education courses are determined. A credit hour is defined as time actually spent in a course or other activities as determined by the regulatory entity as fulfilling continuing education requirements. A credit hour for time actually spent in a course can not be less than fifty minutes.

[]

NEW SECTION

WAC 246-12-230 Carrying over of continuing education credits. Continuing education hours in excess of the required hours earned in a reporting period cannot be carried forward to the next reporting cycle.

[]

NEW SECTION

WAC 246-12-240 Taking the same course more than once during a reporting cycle. The same course taken more than once during a reporting cycle will only be counted once.

[]

PART 8

AIDS PREVENTION AND INFORMATION EDUCATION REQUIREMENTS

NEW SECTION

WAC 246-12-250 Definitions. (1) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(2) "Office on AIDS" means that section with the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

[]

NEW SECTION

WAC 246-12-260 Who must obtain AIDS education? All practitioners must demonstrate completion of four or seven clock hours of AIDS education prior to initially obtaining a health care credential. Refer to the specific profession rules to determine the number of hours of AIDS education and training that are required.

[]

NEW SECTION

WAC 246-12-270 Acceptable AIDS education and training. (1) The regulatory entity will accept education and training that is consistent with the model curriculum available from the office on AIDS.

(2) AIDS education and training must include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

[]

NEW SECTION

WAC 246-12-280 What is acceptable documentation? Practitioners must:

(1) Provide a written declaration that the minimum education and training has been completed;

(2) Keep records for two years documenting training and description of learning; and

(3) Be prepared to validate, through submission of these records, that training has taken place.

[]

PART 9

DUPLICATE CREDENTIALS OR WALL CERTIFICATES

NEW SECTION

WAC 246-12-290 How to obtain a duplicate credential or wall certificate. Practitioners may obtain a duplicate credential or wall certificate by providing a written request and paying a fee established by the secretary.

[]

PART 10

PRACTITIONER NAME AND ADDRESS CHANGES

NEW SECTION

WAC 246-12-300 Name changes. It is the responsibility of each practitioner to maintain his or her correct name on file with the department. Requests for name changes must be submitted in writing along with acceptable documentation. Acceptable documentation includes a copy of a marriage certificate, divorce decree or court order of legal name change.

[]

NEW SECTION

WAC 246-12-310 Address changes. It is the responsibility of each practitioner to maintain his or her current address on file with the department. Requests for address changes may be made either by telephone or in writing. The mailing address on file with the department will be used for mailing of all official matters to the practitioner.

[]

NEW SECTION

WAC 246-12-320 Other information. Refer to WAC 246-01-100 and 246-11-060 for more information on maintaining a current address with the department.

[]

PART 11

FEES, PAYMENTS AND REFUNDS

NEW SECTION

WAC 246-12-330 General information. The costs of health care professional credentialing programs must be fully supported by members of that profession. The amount of all fees are established by the secretary and set by rule. Fees can be found in rules pertaining to each profession.

[]

NEW SECTION

WAC 246-12-340 Refund of fees. Fees submitted with applications for initial credentialing, examinations, renewal, and other fees associated with the licensing and regulation of the profession are nonrefundable.

[]

NEW SECTION

WAC 246-12-350 Making payments. (1) Make checks or money orders payable to the department of health.

(2) Practitioners should include their credential number on the check, draft or money order.

(3) Applicants should include profession for which they are applying on the check, draft or money order.

(4) Send check, draft or money order to:

Department of Health

P.O. Box 1099

Olympia, Washington 98507-1099

[]

NEW SECTION

WAC 246-12-360 Other information. Refer to RCW 43.70.250, 43.70.320 and WAC 246-08-560 for more information relating to fees and refunds.

[]

AMENDATORY SECTION (Amending WSR 96-14-070, filed 6/28/96, effective 7/1/96)

WAC 246-328-200 HIV/AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for registration. Persons applying for registration shall successfully complete the HIV/AIDS education requirements of subsection (3) of this section.

(3) HIV/AIDS education and training requirements.

(a) The department shall accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) The department shall accept the department of social and health services fundamentals of caregiving training or modified fundamentals of caregiving as meeting HIV/AIDS education requirements.

(4) Persons applying for registration shall attest to the department that HIV/AIDS education and training is successfully completed. If the person applying is a corporation, the corporation must verify and certify that the resident manager has successfully completed the minimum education and training.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: Chapter 18.48 RCW. 96-14-070, 246-328-200, filed 6/28/96, effective 7/1/96.]

AMENDATORY SECTION (Amending WSR 96-14-070, filed 6/28/96, effective 7/1/96)

WAC 246-328-990 ((Fees for)) Adult family home provider or resident manager fees and renewal cycle. ((The fees charged by the health professions quality assurance division of the department of health are listed below. The initial registration fee for an individual who is an adult family home provider or resident manager shall include the first month up to, but not including, the birth date month following initial registration. The initial registration fee for a corporation that is an adult family home provider shall include the first month up to July 1 following initial registration, the initial registration fee of $90.00 shall be prorated by the department of health at $7.50 per month.)) (1) Registrations of an individual who is a provider or resident manager must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) Registrations of a corporation that is a provider must be renewed every year on July 1 as provided in chapter 246-12 WAC, Part 3.

(3) The following nonrefundable fees will be charged:

Title of Fee Fee

Initial registration $90.00

Registration renewal 85.00

Late renewal penalty 50.00

Expired registration reissuance 50.00

Duplicate registration 15.00

Certification of registration 15.00

[Statutory Authority: Chapter 18.48 RCW. 96-14-070, 246-328-990, filed 6/28/96, effective 7/1/96.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-328-100 Registration.

AMENDATORY SECTION (Amending Order 295B, filed 8/13/92, effective 9/13/92 WAC 246-802-025 Inactive status. (((1) A certified acupuncturist, in good standing, who practices exclusively out-of-state or is on sabbatical, may place his or her license on inactive status by submitting to the department:

(a) A written request for inactive status; and

(b) The inactive renewal fee specified in WAC 246-802-990.

(2) An acupuncturist may request that an inactive license be made active by submitting to the department:

(a) A written request to activate the inactive license;

(b) The renewal fee specified in WAC 246-802-990;

(c) An updated consultation plan.)) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 43.70.040. 92-17-035 (Order 295B), 246-802-025, filed 8/13/92, effective 9/13/92.]

AMENDATORY SECTION (Amending Order 295B, filed 8/13/92, effective 9/13/92 WAC 246-802-090 Examinations. (1) An examination shall be given twice yearly for qualified applicants.

(2) An applicant for certification as an acupuncturist shall pass the following examinations:

(a) National Commission for Certification of Acupuncturists (NCCA) written examination;

(b) NCCA point location examination; and

(c) NCCA-approved clean needle technique course.

(3) An applicant may take and pass the examinations in subsection (1) of this section in a language other than English if that applicant:

(a) Holds a degree or diploma or transfers from an institution in an English-speaking country; or

(b) Passes the test of English as a foreign language with a minimum score of 550.

(((4) Application fees are nonrefundable.))

[Statutory Authority: RCW 43.70.040. 92-17-035 (Order 295B), 246-802-090, filed 8/13/92, effective 9/13/92; 91-02-049 (Order 121), recodified as 246-802-090, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.06.160. 90-12-114 (Order 052), 308-180-210, filed 6/6/90, effective 7/7/90; 88-07-031 (Order PM 713), 308-180-210, filed 3/9/88; 87-06-050 (Order PM 641), 308-180-210, filed 3/4/87.]

AMENDATORY SECTION (Amending Order 295B, filed 8/13/92, effective 9/13/92 WAC 246-802-250 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Effective January 1, 1989, persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective January 1, 1989, the requirement for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 43.70.040. 92-17-035 (Order 295B), 246-802-250, filed 8/13/92, effective 9/13/92; 91-02-049 (Order 121), recodified as 246-802-250, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-180-400, filed 11/2/88.]

AMENDATORY SECTION (Amending WSR 95-01-038, filed 12/12/94, effective 1/1/95)

WAC 246-802-990 Acupuncture fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:))

(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

License application ((nonrefundable)) $200.00

((Annual)) License renewal 240.00

Inactive license renewal 110.00

Late renewal penalty 100.00

Expired license reissuance 120.00

Expired inactive license reissuance 55.00

Duplicate license 15.00

Certification of license 25.00

Acupuncture training program application 500.00

[Statutory Authority: RCW 43.70.250, chapter 18.06 RCW. 95-01-038, 246-802-990, filed 12/12/94, effective 1/1/95. Statutory Authority: RCW 43.70.040 and 43.70.250. 92-17-035 (Order 295B), 246-802-990, filed 8/13/92, effective 9/13/92. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-802-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-802-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-18-039 (Order 084), 308-180-260, filed 8/29/90, effective 9/29/90; 90-04-094 (Order 029), 308-180-260, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 88-15-030 (Order PM 735), 308-180-260, filed 7/13/88; 87-18-031 (Order PM 667), 308-180-260, filed 8/27/87.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-802-020 License renewal registration date and fee.

AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-105 Chiropractic licensure--Initial eligibility and application requirements. To be eligible for Washington state chiropractic licensure, the applicant shall complete an application provided by the commission, and shall include written documentation to meet the eligibility criteria for such licensure.

(1) Eligibility. An applicant shall provide proof that they:

(a) Graduated from an accredited chiropractic college approved by the commission and show satisfactory evidence of completion of a resident course of study of at least four thousand classroom hours of instruction.

(b) Successfully completed National Board of Chiropractic Examiners test parts I and II.

(c) Completed not less than one-half the requirements for a baccalaureate degree at an accredited and approved college or university if the applicant matriculated after January 1, 1975. Applicants who matriculated prior to January 1, 1975, must show proof of high school graduation or its equivalent.

(2) Application procedure. Each applicant shall submit:

(a) Completed official application including two recent photos.

(b) The ((nonrefundable)) examination fee. ((Fees must be in U.S. funds and made payable, by check or money order, to the department of health.)) (Refer to WAC 246-808-990 for fee schedule.)

(c) Official transcripts from prechiropractic schools showing successful completion of at least two years of liberal arts and sciences study.

(d) An official transcript and diploma certified by the registrar, from an approved chiropractic college.

(e) An official certificate of proficiency sent directly to the commission from the National Board of Chiropractic Examiners, parts I and II.

(f) Verification of licensure status from all states where applicant has been issued a license to practice chiropractic. Verification is required whether license is active or inactive.

(g) ((Certification of completion of four hours of AIDS education and training as further defined by WAC 246-808-106.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-105, filed 8/6/96, effective 9/6/96.]

AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-150 Commission approved continuing education. (1) Licensed chiropractors ((shall be responsible for obtaining twenty-five hours of commission approved continuing education each year with proof (transcripts, certificates) to be submitted with annual renewal of their license)) must complete twenty-five hours of continuing education as required in chapter 246-12 WAC, Part 7.

(2) The commission approves the following subject material for continuing chiropractic education credit:

(a) Diagnosis and treatment of the spine or immediate articulations within the scope of practice;

(b) X-ray/diagnostic imaging;

(c) Adjustive technique;

(d) Detection of a subluxation;

(e) Physical examination;

(f) Hygiene;

(g) Symptomatology;

(h) Neurology;

(i) Spinal pathology;

(j) Spinal orthopedics;

(k) Patient/case management;

(l) Impairment within the scope of practice;

(m) CPR - once every three years;

(n) Dietary advice; and

(o) Chiropractic philosophy.

(3) Subject matter not approved for continuing education credit:

(a) Business management;

(b) Subject matter not directly relating to the chiropractic clinical scope of practice;

(c) Practice building; and

(d) Conduct prohibited by Washington state statutes or rules governing chiropractic practice.

(4) A formal video continuing education program that meets the requirements of this section is acceptable provided that the video viewing is accompanied by a moderator and/or a panel knowledgeable in the video contents to comment thereon and answer questions or conduct discussions.

(5) The individual or organization responsible for a continuing education presentation must provide documentation of attendance to the participants.

(6) ((Credit for hours of continuing education in a commission approved continuing education program can be counted only once per year toward the annual continuing education requirement regardless of the number of times that program is attended.)) Licensed chiropractors serving as teachers or lecturers in commission approved continuing education programs receive credit on the same basis as the doctors attending the program.

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-150, filed 8/6/96, effective 9/6/96.]

AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-155 Prior approval not required. (1) It shall be unnecessary for a chiropractor to inquire into the prior approval of any continuing chiropractic education. The commission shall accept any continuing chiropractic education that falls within these regulations and relies upon each individual chiropractor's integrity in complying with this requirement.

(2) Continuing chiropractic education program sponsors need not apply for, nor expect to receive, prior commission approval for a formal continuing chiropractic education program. The number of creditable hours may be determined by counting the contact hours of instruction and rounding to the nearest quarter hour. The commission relies upon the integrity of program sponsors to present continuing chiropractic education that constitutes a meritorious learning experience and complies with RCW 18.25.070.

(((3) The commission shall conduct a random compliance audit of renewal applicants. If the commission determines that the applicant has not obtained continuing chiropractic education that falls within the subject matter defined in WAC 246-808-150 and the guidelines for symposium approval in WAC 246-808-150, then the application for renewal shall be denied.))

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-155, filed 8/6/96, effective 9/6/96.]

AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-165 Exemptions. In the event a licensee fails to meet requirements because of illness or retirement (with no further provision of chiropractic services to consumers) or failure to renew, or other extenuating circumstances, each case shall be considered by the commission on an individual basis. When circumstances justify it, the commission may grant a time extension. In the case of permanent retirement or illness, the commission may grant indefinite waiver of continuing chiropractic education as a requirement for relicensure, provided an affidavit is received indicating the chiropractor is not providing chiropractic services to consumers. If such permanent illness or retirement status is changed or consumer chiropractic services resumed, it is incumbent upon the licensed chiropractor to immediately notify the commission and meet continuing chiropractor education requirements for relicensure. Continuing chiropractic education hours shall be prorated for the portion of ((that three-year)) the period involving resumption of such services.

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-165, filed 8/6/96, effective 9/6/96.]

AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-180 ((Lapsed and inactive)) Expired licenses--Requirements for reinstating ((or activating)) a license. (((1) A licensee who allows their chiropractic license to lapse for more than three years must pay all back renewal fees plus penalty fee and submit proof of continuing education courses during the time the license was lapsed. If the licensee cannot submit proof of continuing education courses during the time the license was lapsed, reexamination of the former licensee as provided in RCW 18.25.040 and 18.25.070(2) shall be required.

(2) A licensee who has placed their chiropractic license on inactive status and now requests to activate the license shall submit to the commission, in writing, a request to activate their license from inactive status. A licensee whose license has been inactive for more than three years may be reexamined as provided for in RCW 18.25.040 at the commission's discretion. The request to activate a license must include the following:

(a) An applicable fee, per WAC 246-808-990;

(b) Updated chronology from date license was placed into inactive status;

(c) Proof of four hours of AIDS education as defined in WAC 246-808-106;

(d) Documentation of any continuing education courses taken during the time their license was inactive.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for more than three years and the practitioner can submit proof of continuing education, the practitioner must:

(a) Successfully complete the jurisprudence examination given by the department;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for more than three years and the practitioner cannot submit proof of continuing education courses during the time the license was expired, the practitioner must:

(a) Successfully pass the examination as provided in RCW 18.25.040 and 18.25.070(2);

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-180, filed 8/6/96, effective 9/6/96.]

NEW SECTION

WAC 246-808-181 Inactive credential. (1) A chiropractor may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

(2) To return to active status the practitioner must:

(a) Take and pass the jurisprudence examination given by the department; and

(b) Meet the requirements of chapter 246-12 WAC, Part 4.

[]

AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-215 Registration of chiropractic x-ray technicians. (1) Chiropractic doctors shall employ only commission registered technicians to operate x-ray equipment.

(2) Application. An x-ray technician may apply for registration by submitting to the commission:

(a) Proof of satisfactory completion of a course of classroom instruction of at least forty-eight hours which has been approved by the commission in accordance with subsection (4) of this section; and

(b) Verification of passing a proficiency examination in radiologic technology, which is approved by the commission. A passing grade shall be seventy-five percent or a standardized score approved by the commission. If the applicant fails the initial examination, the applicant may reapply to take the examination one additional time without additional classroom instruction. If the applicant fails a second examination, the applicant shall complete an additional sixteen hours of classroom instruction prior to reapplying for a third examination.

(3) Exceptions. An applicant who holds a current active registration, license, or certification from a national certifying agency or other governmental licensing agency whose standards for registration, licensure or certification are equal to or exceed the standards under these rules may register without examination.

(4) Course approval. An individual may request commission approval of a course of classroom instruction for x-ray technicians by submitting the following information to the commission no later than ninety days prior to the first day of instruction:

(a) An outline of the course of instruction, which shall include:

(i) Physics and equipment;

(ii) Principles of radiographic exposure;

(iii) Radiation protection;

(iv) Anatomy and physiology; and

(v) Radiographic positioning and procedures.

(b) Proficiency examination;

(c) Verification that the course instructor has on-campus or postgraduate faculty status in the field of radiology with a commission approved chiropractic college; and

(d) Any other information deemed necessary by the commission to make a determination.

(5) Continuing education. ((A)) Registered chiropractic x-ray technicians ((shall submit an affidavit certifying the)) must demonstrate completion of six hours of continuing education ((over the preceding year when applying for annual renewal)) as provided in chapter 246-12 WAC, Part 7.

(((a))) The commission approves continuing education of subject matter listed in subsection (4) of this section. Prior approval of continuing education programs is not required by the commission.

(((b) The commission shall conduct random audits. If the commission determines that the applicant has not obtained continuing education that falls within the subject matter defined in subsection (4), the commission shall deny renewal of the registration.))

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-215, filed 8/6/96, effective 9/6/96.]

AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective 9/6/96)

WAC 246-808-990 Chiropractic fees and renewal cycle. ((The following fees shall be charged by the department of health:)) (1) Licenses and registrations must be renewed on the practitioner's birthday every year as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged for chiropractic license:

Title of Fee Fee

Application/full examination or reexamination $300.00

Original license 200.00

Temporary permit application 150.00

Temporary practice permit 50.00

Preceptorship 100.00

License renewal 300.00

Late renewal penalty 150.00

Expired license reissuance 150.00

Inactive license renewal 150.00

Expired inactive license reissuance 75.00

Duplicate license 15.00

Certification of license 25.00

(3) The following nonrefundable fees will be charged for chiropractic x-ray technician registration:

((Chiropractic x-ray technician)) Application 25.00

((Chiropractic x-ray technician)) Original registration 25.00

Renewal 40.00

Late renewal penalty 25.00

Expired registration reissuance 40.00

Duplicate registration 15.00

Certification of registration 25.00

[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-990, filed 8/6/96, effective 9/6/96.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-808-106 AIDS prevention and information education requirements.

WAC 246-808-160 License renewal--Affidavit of compliance with continuing education requirements.

WAC 246-808-185 License renewal form.

AMENDATORY SECTION (Amending WSR 97-17-113, filed 8/20/97, effective 9/20/97)

WAC 246-810-080 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health in rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Persons applying for registration or certification must submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The director will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of four clock hours and shall include, but is not limited to: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Documentation. The applicant must:

(i) Certify, on forms provided, that the minimum education and training was completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the training;

(iii) Be prepared to validate, through submission of these records, that attendance took place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-080, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-190-200, filed 11/2/88.]

AMENDATORY SECTION (Amending WSR 97-17-113, filed 8/20/97, effective 9/20/97)

WAC 246-810-130 ((Canceled certification--Reapplication.)) Expired credential. (1) If the certification has expired for three years or less the individual must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If a certification has been expired for more than three years ((or more, the certification is canceled. The certified counselor must reapply with the department, pay any current fees, and)) the individual may be required to meet all the requirements of a new applicant((. This section does not apply to anyone in a temporary retirement status)) and must meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-130, filed 8/20/97, effective 9/20/97.]

AMENDATORY SECTION (Amending WSR 97-17-113, filed 8/20/97, effective 9/20/97)

WAC 246-810-990 Fees and renewal cycle. ((The following fees shall be charged by the health professions quality assurance division of the department of health:)) (1) Certificates and registrations must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

Title Fee

(2) The following nonrefundable fees will be charged

for registered counselor:

Application and registration $ 40.00

Renewal 37.00

Late renewal penalty 37.00

Expired registration reissuance 37.00

Duplicate registration 15.00

((Verification)) Certification of registration 15.00

(3) The following nonrefundable fees will be charged

for registered hypnotherapist:

Application and registration 95.00

Renewal 130.00

Late renewal penalty 65.00

Expired registration reissuance 65.00

Duplicate registration 15.00

((Verification)) Certification of registration 15.00

(4) The following nonrefundable fees will be charged

for certified marriage and family therapist:

Application 100.00

Initial certification 125.00

Examination administration 50.00

Renewal 200.00

Late renewal penalty 100.00

Expired certification reissuance 100.00

Duplicate certification 15.00

((Verification)) Certification of certificate 15.00

Wall certificate 15.00

(5) The following nonrefundable fees will be charged for

certified mental health counselor:

Application 75.00

Initial certification 60.00

Renewal 65.00

Late renewal penalty 50.00

Expired certification reissuance 50.00

Duplicate certification 15.00

((Verification)) Certification of certificate 15.00

Wall certificate 15.00

(6) The following nonrefundable fees will be charged

for certified social worker:

Application 50.00

Initial certification 50.00

Renewal 65.00

Late renewal penalty 50.00

Expired certification reissuance 50.00

Duplicate certification 15.00

((Verification)) Certification of certificate 15.00

Wall certificate 15.00

[Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-990, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 18.19 RCW. 96-08-069, 246-810-990, filed 4/3/96, effective 5/4/96. Statutory Authority: RCW 43.70.250. 93-14-011, 246-810-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-18-039 (Order 084), 308-190-010, filed 8/29/90, effective 9/29/90; 90-04-094 (Order 029), 308-190-010, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-033 (Order PM 669), 308-190-010, filed 8/27/87.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-810-020 Expiration of registration or certification.

WAC 246-810-022 Current address.

AMENDATORY SECTION (Amending WSR 95-22-062, filed 10/30/95, effective 11/30/95)

WAC 246-812-120 Denturist licensure--Initial eligibility and application requirements. To be eligible for Washington state denturist licensure, the applicant shall complete an application and shall include written documentation to meet eligibility criteria. Each applicant shall provide:

(1) A signed, notarized application and required fee. ((Fees are set by the secretary and are nonrefundable. Fees must be in United States funds and made payable by check or money order, to the department of health.)) (Refer to WAC 246-812-990 for fee schedule.)

(2) Proof that they meet the basic eligibility requirements identified in RCW 18.30.090, documented by the signed, notarized affidavit processed as part of the application.

(3) ((Proof of seven hours of AIDS education and training as further defined by WAC 246-812-130.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(4) Photograph. A recent photograph, signed and dated, shall be attached to the application.

[Statutory Authority: RCW 18.30.070(3). 95-22-062, 246-812-120, filed 10/30/95, effective 11/30/95.]

AMENDATORY SECTION (Amending WSR 95-22-062, filed 10/30/95, effective 11/30/95)

WAC 246-812-160 ((Lapsed and inactive licenses--Requirements for reinstating or activating a)) Expired license. (((1) A licensee who allows their denturist license to lapse for more than three years must pay a penalty fee per WAC 246-812-990.

(2) A licensee whose license has been inactive for more than three years may be reexamined as provided for in RCW 18.25.040 at the secretary's discretion.

(3) A licensee who has placed their denturist license on inactive status and later requests to activate the license shall submit to the secretary, in writing, a request to activate their license from inactive status. The request to activate a license must include the following:

(a) An applicable fee, per WAC 246-812-990.

(b) Updated chronology from date license was placed into inactive status.

(c) Proof of four hours of AIDS education refresher training.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for more than three years, the practitioner must:

(a) Successfully pass the examination as provided in RCW 18.25.040;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.30.070(3). 95-22-062, 246-812-160, filed 10/30/95, effective 11/30/95.]

NEW SECTION

WAC 246-812-161 Inactive credential. A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[]

AMENDATORY SECTION (Amending WSR 95-22-062, filed 10/30/95, effective 11/30/95)

WAC 246-812-990 Denturist fees and renewal cycle. ((The following fees shall be charged by the department of health and are nonrefundable:))

(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application (((includes the initial license

which expires the following June 30) $ 1,000))

$ 1,000.00

Examination ((1,500))

1,500.00

Reexamination, written ((500))

500.00

Reexamination, practical ((500))

500.00

License renewal ((2,750))

2,750.00

Late renewal penalty ((300))

300.00

Expired license reissuance 300.00

Inactive license renewal ((1,500))

1,500.00

Expired inactive license reissuance 300.00

Duplicate license ((15))

15.00

Certification of license ((25))

25.00

Multiple location licenses ((50))

50.00

[Statutory Authority: RCW 18.30.070(3). 95-22-062, 246-812-990, filed 10/30/95, effective 11/30/95.]

NEW SECTION

WAC 246-812-995 Conversion to a birthday renewal cycle. (1) The biennial license renewal date is changed to coincide with the practitioner's birthday.

(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.

(3) After the initial conversion to a staggered system, practitioners will renew their license every other year on their birthday at the current renewal rate.

[]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-812-140 Application for licensure--AIDS education requirements.

AMENDATORY SECTION (Amending WSR 95-16-102, filed 8/1/95, effective 9/1/95)

WAC 246-815-020 Dental hygiene examination eligibility. (1) To be eligible to take the Washington dental hygiene examination, the applicant must meet the following requirements:

(a) The applicant must have successfully completed a dental hygiene education program approved by the secretary of the department of health pursuant to WAC 246-815-030.

(b) ((The applicant must have completed the AIDS prevention and information education required by WAC 246-815-040.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(c) The applicant must demonstrate knowledge of Washington law pertaining to the practice of dental hygiene.

(d) The applicant must complete the required application materials and pay the required ((nonrefundable)) fee.

(2) Applications for the dental hygiene examination are available from the department of health dental hygiene program. The completed application must be received by the department of health sixty days prior to the examination. The application must include:

(a) The required ((nonrefundable)) examination fee.

(b) Either the national board IBM card reflecting a passing score or a notarized copy of the national board certificate.

(c) Two photographs of the applicant taken within one year preceding the application.

(3) An official transcript or certificate of completion constitutes proof of successful completion from an approved dental hygiene education program. Applicants who will successfully complete the dental hygiene education program within forty-five days preceding the examination for which they are applying may provide documentation of successful completion by inclusion of their names on a verified list of students successfully completing the program from the dean or director of the education program. No other proof of successful completion is acceptable. An applicant may complete the application and be scheduled for the examination, but will not be admitted to the examination if the department of health has not received the required proof of successful completion.

[Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). 95-16-102, 246-815-020, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 18.29.130. 92-02-018 (Order 224), 246-815-020, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-815-020, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. 90-23-011 (Order 098), 308-25-011, filed 11/13/90, effective 12/14/90.]

AMENDATORY SECTION (Amending WSR 95-16-102, filed 8/1/95, effective 9/1/95)

WAC 246-815-100 Licensure by interstate endorsement of credentials. A license to practice as a dental hygienist in Washington may be issued pursuant to RCW 18.29.045 provided the applicant meets the following requirements:

(1) The applicant has successfully completed a dental hygiene education program which is approved by the secretary of the department of health pursuant to WAC 246-815-030.

(2) The applicant has been issued a valid, current, nonlimited license by successful completion of a dental hygiene examination in another state. The other state's current licensing standards must be substantively equivalent to the licensing standards in the state of Washington. The other state's examination must have included the following portions and minimum level of competency standards.

(a) Written tests - the written tests include:

(i) The National Board of Dental Hygiene examination.

(ii) A state written test covering the current dental hygiene subjects that are tested for Washington state.

(b) Practical tests - all portions shall be graded anonymously by calibrated practicing dental hygienists or dental hygienists and dentists. The calibration process shall consist of training sessions which include components to evaluate and confirm each examiners ability to uniformly detect known errors on pregraded patients and/or dentoforms. Examiners will be calibrated to the established standard of minimum level of competency. The examination must have equivalent patient selection criteria for the patient evaluation, prophylaxis and anesthesia portions. The current Washington state patient selection criteria for examination will be used as the basis of comparison at the time of application for licensure by interstate endorsement of credentials. The practical tests include:

(i) Patient evaluation clinical competency test which includes what is currently tested for the Washington state dental hygiene examination.

(ii) Prophylaxis clinical competency test which includes what is currently tested for the Washington state dental hygiene examination.

(iii) Anesthesia clinical competency test which includes what is currently tested for the Washington state dental hygiene examination.

(iv) Restorative test which includes what is currently tested for the Washington state dental hygiene examination.

(3) The applicant holds a valid current license, and has been currently engaged in clinical practice at any time within the previous year as a dental hygienist in another state or in the discharge of official duties in the United States Armed Services, Coast Guard, Public Health Services, Veterans' Bureau, or Bureau of Indian Affairs. Verification of licensure must be obtained from the state of licensure, and any fees for verification required by the state of licensure must be paid by the applicant.

(4) The applicant has not engaged in unprofessional conduct as defined in the Uniform Disciplinary Act in RCW 18.130.180 or is not an impaired practitioner under RCW 18.130.170 in the Uniform Disciplinary Act.

(5) ((The applicant has completed the AIDS prevention and information education required by WAC 246-815-040.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(6) The applicant demonstrates to the secretary knowledge of Washington law pertaining to the practice of dental hygiene.

(7) The applicant completes the required application materials and pays the required ((nonrefundable)) application fee. Applications for licensure by interstate endorsement are available from the department of health dental hygiene program.

(8) If the secretary of the department of health finds that the other state's licensing standards are substantively equivalent except for a portion(s) of the examination, the applicant may take that portion(s) to qualify for interstate endorsement. That portion(s) of the exam must be successfully completed to qualify for interstate endorsement and an additional ((nonrefundable)) examination fee as well as the licensure by interstate endorsement ((nonrefundable)) fee shall be required.

[Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). 95-16-102, 246-815-100, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 18.29.045. 93-06-042A (Order 332), 246-815-100, filed 2/24/93, effective 3/27/93. Statutory Authority: RCW 18.29.130. 92-02-018 (Order 224), 246-815-100, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-815-100, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. 90-23-011 (Order 098), 308-25-041, filed 11/13/90, effective 12/14/90.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-815-140 Continuing education for dental hygienists. (1) Purposes. The secretary of the department of health in consultation with the dental hygiene examining committee has determined that the public health, safety and welfare will be served by requiring all holders of dental hygiene licenses granted under chapter 18.29 RCW to continue their education after receiving such licenses.

(2) ((Implementation. Notification of the continuing education requirements will be provided to licensees with renewal notices beginning January 1, 1991. Effective January 1, 1992, renewal of any current license or reinstatement of any license on lapsed or disciplinary status shall require evidence of completion of continuing education which meets the requirements of subsection[s] (3) & (4).

(3))) Requirements. ((All)) Licensed dental ((hygiene licensees shall acquire)) hygienists must complete 15 clock hours of continuing education((, which shall include)) as required in chapter 246-12 WAC, Part 7. A ((nonexpired)) current CPR card((, in each year prior to their license renewal date)) must be maintained as part of this requirement. ((One clock hour is defined as sixty minutes.

(4))) (3) Acceptable continuing education. Continuing education must be dental related education for professional development as a dental hygienist. The 15 clock hours shall be obtained through continuing education courses, correspondence courses, college credit courses, dental hygiene examination standardization/calibration workshops and dental hygiene examination item writer workshops.

(((5) Documentation. The licensee shall:

(a) Certify on forms provided, that the minimum continuing education has been completed in the year prior to their renewal date.

(b) Keep records for two years documenting attendance or completion and description of the information addressed in the course.

(c) Be prepared to validate, through submission of the records in (5)(b), attendance or completion of the requisite number of clock hours.

(6) The department of health may conduct random compliance audits of continuing education records. If the department determines that the licensee has not obtained continuing education as defined in (3) and (4) above, then the license renewal or reinstatement may be denied pursuant to RCW 18.130.180.))

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-815-140, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. 90-23-011 (Order 098), 308-25-180, filed 11/13/90, effective 12/14/90.]

AMENDATORY SECTION (Amending WSR 95-16-102, filed 8/1/95, effective 9/1/95)

WAC 246-815-990 Dental hygiene fees and renewal cycle. ((The following nonrefundable fees shall be charged:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application examination and reexamination $100.00

Renewal 60.00

Late renewal penalty 50.00

Expired license reissuance 50.00

Credentialing application 300.00

Temporary license application 115.00

Duplicate license 15.00

Certification of license 25.00

Education program evaluation 200.00

((All fees shall be payable, in U.S. funds, by check or money order to "Washington state treasurer" or "department of health."))

[Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). 95-16-102, 246-815-990, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 43.70.250. 94-02-059, 246-815-990, filed 1/3/94, effective 3/1/94. Statutory Authority: RCW 43.70.250 and 1993 c 323. 93-16-073, 246-815-990, filed 8/2/93, effective 9/2/93. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-815-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-815-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-25-065, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-25-065, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-25-065, filed 8/10/83. Formerly WAC 308-25-060.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-815-040 AIDS prevention and information education requirements.

WAC 246-815-150 Renewal of licenses.

WAC 246-815-300 Reinstatement of a dental hygiene expired license.

AMENDATORY SECTION (Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-110 Dental licensure--Initial eligibility and application requirements. To be eligible for Washington state dental licensure, the applicant shall complete an application provided by the dental HPQAD of the department of health, and shall include written documentation to meet the eligibility criteria for the license for which he/she is applying. Each applicant shall provide:

(1) Completed application and fee. The applicant shall submit a signed, notarized application and required fee. ((Fees are set by the secretary of health and are nonrefundable. Fees must be in U.S. funds and made payable by check or money order, to the department of health.)) (Refer to WAC 246-817-990 for fee schedule.)

(2) Proof of graduation from a dental school approved by the DQAC. The DQAC adopts those standards of the American Dental Association's Commission on Accreditation which were relevant to accreditation of dental schools and current in May 1993 and has approved all and only those dental schools which were accredited by the commission as of May 1993. Other dental schools which apply for DQAC approval and which meet these adopted standards to the DQAC's satisfaction may be approved, but it is the responsibility of a school to apply for approval and of a student to ascertain whether or not a school has been approved.

(3) Certification of successful completion of the National Board Dental Examination Parts I and II. An original scorecard or a certified copy of the scorecard shall be accepted.

(4) Proof of graduation from an approved dental school. The only acceptable proof is an official, posted transcript sent directly from such school, or in the case of recent graduates, a verified list of graduating students submitted directly from the dean of the dental school. Graduates of nonaccredited dental schools must also meet the requirements outlined in WAC 246-817-160.

(5) A complete listing of professional education and experience including college or university (predental), and a complete chronology of practice history from the date of dental school graduation to present, whether or not engaged in activities related to dentistry.

(6) ((Proof of seven hours of AIDS education and training as further defined by WAC 246-817-201.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(7) Certification of malpractice insurance if available, including dates of coverage and any claims history.

(8) Written certification of any licenses held, submitted directly from another licensing entity, and including license number, issue date, expiration date and whether applicant has been the subject of final or pending disciplinary action.

(9) Proof of successful completion of an approved practical/clinical examination and a written jurisprudence examination or any other examination approved by and administered under the direction of the DQAC.

(10) Photograph. A recent photograph, signed and dated, shall be attached to the application.

(11) Inquiries from other sources may be conducted as determined by the DQAC, including but not limited to the national practitioner data bank and drug enforcement agency. Applicants are responsible for any fees incurred in obtaining verification of requirements.

(12) Additional requirements for each license type as further defined.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-110, filed 10/10/95, effective 11/10/95.]

AMENDATORY SECTION (Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-150 Licenses--Persons licensed or qualified out-of-state who are faculty at school of dentistry--Conditions. (1) The department shall provide an application for faculty licensure upon receipt of a written request from the dean of the University of Washington, School of Dentistry.

(2) Applicants for faculty licensure shall submit a signed, notarized application, including applicable fees, and other documentation as required by the DQAC.

(3) The dean of the University of Washington, School of Dentistry, or his designee, shall notify the department of health of any changes in employment status of any person holding a faculty license.

(4) ((Faculty license renewal shall occur on an annual basis, on or before July 1. Courtesy notices shall be sent to the last address on record, prior to the renewal date.

(5))) Clinics situated away from the School of Dentistry on the University of Washington campus, must be recommended by the dean in writing and approved by the DQAC. The recommendation must list the rationale for including each location as a University of Washington School of Dentistry facility.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-150, filed 10/10/95, effective 11/10/95.]

AMENDATORY SECTION (Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-210 ((Renewal of)) Expired license((s)). ((Under the annual birth date license renewal system, a late payment penalty provision shall be applied as follows:

(1) Before the expiration date of the individual's license, as a courtesy, a notice for renewal of license shall be mailed to the last address on file to every person holding a current license. The licensee must return the notice along with current renewal fees prior to the expiration of said license. Should the licensee fail to renew his/her license prior to the expiration date then the individual is subject to the statutory penalty fee.

(2) If the licensee fails to renew his/her license within three years from expiration date thereof, such individual must apply for licensing under the statutory conditions then in force.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, the practitioner must:

(a) Comply with the current statutory conditions;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-210, filed 10/10/95, effective 11/10/95.]

AMENDATORY SECTION (Amending WSR 95-16-122, filed 8/2/95, effective 9/1/95)

WAC 246-817-990 Dentist fees and renewal cycle. ((The following fees shall be charged by the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except faculty and resident licenses.

(2) Faculty and resident licenses must be renewed every year on July 1 as provided in chapter 246-12 WAC, Part 2.

(3) The following nonrefundable fees will be charged:

Title of Fee Fee

Original application by examination*

Initial application $ 325.00

Original application - Without examination

Initial application 350.00

Initial license 350.00

Faculty license application 325.00

Resident license application 60.00

License renewal:

((Annual birthdate)) Renewal 215.00

Surcharge - impaired dentist 5.00

Late renewal penalty 110.00

Expired license reissuance 110.00

((Original application - License without examination

Initial application 350.00

Initial license 350.00))

Duplicate license 15.00

Certification of license 25.00

Anesthesia permit

Initial application 50.00

Renewal - (three-year renewal cycle) 50.00

Late renewal penalty 50.00

Expired permit reissuance 50.00

On-site inspection fee To be determined by

future rule adoption.

* In addition to the initial application fee above, applicants for licensure via examination will be required to submit a separate application and examination fee directly to the dental testing agency accepted by the dental quality assurance commission.

((All fees shall be made payable by check or money order, in U.S. funds, to the "department of health."

All application and renewal fees are nonrefundable.

New fees shall become effective September 1, 1995.))

[Statutory Authority: RCW 43.70.040. 95-16-122, 246-817-990, filed 8/2/95, effective 9/1/95. ]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-817-201 Application for licensure--AIDS education requirements.

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-822-120 Application requirements. (1) Individuals applying for certification as a certified dietitian must submit:

(a) A completed application form with fee;

(b) ((Verification of AIDS education and training as set forth in WAC 246-822-110; and)) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8; and

(c) Verification of current registration status with the commission on dietetic registration.

(2) Individuals applying for certification as a certified dietitian who have not passed the required written examination or who are not registered with the commission on dietetic registration must:

(a) Provide transcripts forwarded directly from the issuing college or university showing completion of a baccalaureate degree or higher in a major course of study in human nutrition, foods and nutrition, dietetics, or food management;

(b) Provide evidence of completion of a continuous preprofessional experience or coordinated undergraduate program in dietetics under the supervision of a qualified supervisor;

(c) Take and pass the required written examination; and

(d) ((Provide verification of AIDS education and training as set forth in WAC 246-822-110.)) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(3) Individuals applying for certification as a certified nutritionist must submit:

(a) A completed application form with fee; and

(b) Documentation that the applicant meets the application requirements for certified dietitians, as set forth in subsection (1) or (2) of this section; or

(c) Transcripts forwarded directly from the issuing college or university showing completion of a masters or doctorate degree in one of the following subject areas: Human nutrition, nutrition education, foods and nutrition, or public health nutrition; and

(d) ((Verification of AIDS education and training as set forth in WAC 246-822-110.)) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.138.070, 18.130.050 and 18.130.070. 92-02-018 (Order 224), 246-822-120, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-822-120, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.138.070. 89-17-071, 308-177-120, filed 8/16/89, effective 9/16/89; 89-03-035 (Order PM 814), 308-177-120, filed 1/11/89.]

AMENDATORY SECTION (Amending Order 173, filed 6/6/91, effective 7/7/91)

WAC 246-822-990 Dietitian and nutritionist fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Certificates must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title Fee

Application $100.00

Renewal 80.00

Late renewal penalty 25.00

Expired certificate reissuance 50.00

Duplicate certificate 15.00

Certification of certificate 25.00

((Duplicate 15.00))

[Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-822-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-822-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-177-110, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 18.138.070. 89-17-071, 308-177-110, filed 8/16/89, effective 9/16/89; 89-03-035 (Order PM 814), 308-177-110, filed 1/11/89.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-822-110 AIDS prevention and information education requirements.

AMENDATORY SECTION (Amending Order 155, filed 4/10/91, effective 5/11/91)

WAC 246-824-020 Registration of apprentices. (1) Registration of an apprentice shall be requested by the physician, optometrist or dispensing optician who intends to provide the training for and direct supervision of the apprentice's work, on a form provided by the secretary.

(2) Separate registrations shall be required if an individual receives his or her apprenticeship training from more than one licensee.

(3) In determining whether or not an individual has completed his or her apprenticeship, within the minimum of three years or the maximum of six years, only the apprenticeship training received subsequent to the date that the apprentice was formally registered with the secretary will be considered: Provided, That an individual who has been registered in an apprentice-type program by an agency of the state of Washington, which program has been approved by the secretary, and who has been trained and directly supervised by a licensed physician, optometrist, or dispensing optician while in such program, may have all such training considered toward fulfillment of his or her apprenticeship, whether such training occurred before or after his or her formal registration with the secretary: Provided, further, That this exemption is not to be construed or applied in any manner which would except any person from any provision of RCW 18.34.030: Provided, further, That before such training may be considered toward fulfillment of an apprenticeship, formal registration of the individual must be requested by the physician, optometrist, or dispensing optician who has trained and supervised the individual, in retrospective accordance with subsections (1), (2) and (4) of this section, on a form provided by the secretary.

(4) The licensee initially requesting the registration of an apprentice shall notify the secretary whenever he or she terminates the apprenticeship training, unless such termination is concluded by reason of the apprentice becoming licensed as a dispensing optician.

(((5) After registration, the apprentice shall notify the secretary, in writing and within thirty days, of any name or address change.))

[Statutory Authority: RCW 43.17.060 and 18.130.070. 91-09-024 (Order 155), 246-824-020, filed 4/10/91, effective 5/11/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-824-020, filed 12/27/90, effective 1/31/91; Order PL 241, 308-26-010, filed 2/26/76; Order PL-106, 308-26-010, filed 2/2/71.]

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-824-040 Application for examination. (1) An individual shall make application for examination, in accordance with RCW 18.34.070, on an application form prepared and provided by the secretary.

(2) The apprenticeship training requirement shall be supported with certification by the licensed individual (or individuals) who provided such training.

(3) ((Examination fees are not refundable.)) If an applicant is unable to attend his or her scheduled examination, and so notifies the secretary in writing at least 7 days prior to the scheduled examination date, the applicant will be rescheduled at no additional charge. Otherwise, the fee will be forfeited. (Emergencies considered.)

(4) If an applicant takes the examination and fails to obtain a satisfactory grade, he or she may be scheduled to retake the examination by submitting an application and paying the statutory examination fee.

(5) Applications and fees for examination and all documents required in support of the application must be submitted to the division of professional licensing, department of health, at least sixty days prior to the scheduled examination. Failure to meet the deadline will result in the applicant not being scheduled until the next scheduled examination.

(6) Apprenticeship training shall be completed prior to the application deadline.

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-824-040, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040 and chapter 18.34 RCW. 92-02-018 (Order 224), 246-824-040, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-824-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.34.040 and 18.34.080. 84-08-019 (Order PL 464), 308-26-015, filed 3/27/84; Order PL-106, 308-26-015, filed 2/2/71.]

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-824-071 Licensure by endorsement--Definitions. (1) For the purpose of licensure by endorsement the following definitions ((shall)) will apply:

(a) "Credential in another state" means the applicant holds a current valid license to practice as a dispensing optician in another state.

(b) "Substantially equivalent" means the applicant has successfully completed an examination administered by or authorized by either a national professional association or a state other than Washington state. The examination shall cover the same subject matter as the Washington state examination. The licensing law under which the applicant is licensed shall, at a minimum, include the duties described in RCW 18.34.060.

(2) The department ((shall)) will issue a license by endorsement unless there is a basis for denial of the license or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160. A person applying for a license by endorsement ((shall)) must submit to the department:

(a) A completed application on a form provided by the department;

(b) An application fee, and if the application is approved, an original license fee;

(c) Evidence satisfactory to the department that the education and examination requirements of the other state are substantially equivalent to that of Washington;

(d) A completed open-book state law examination provided by the department;

(e) ((Proof of compliance with the AIDS prevention and information education requirements as listed in WAC 246-824-170.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(3) Written documentation shall be submitted directly from all states in which the applicant is or has been licensed, verifying the applicant is in good standing and not subject to charges or disciplinary action for unprofessional conduct or impairment.

(4) If licensure by endorsement is denied, and the applicant is otherwise qualified for the licensing examination, he or she may apply for licensure by examination in accordance with RCW 18.34.070 and WAC 246-824-040.

(5) Endorsement application fees ((are nonrefundable, but)) may be applied towards the examination fee if licensure by endorsement is denied.

(((6) A license issued by endorsement is subject to annual renewal, penalty for late renewal as established in RCW 18.34.120 and WAC 246-824-990, and continuing education as provided for in WAC 246-824-075.))

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-824-071, filed 6/24/93, effective 7/25/93.]

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-824-073 Retired active ((license)) credential. (((1) A person holding a current Washington state dispensing optician license who wishes to practice only in emergency or intermittent circumstances may apply for a retired active license if that person:

(a) Practices no more than ninety days each year in Washington state;

(b) Does not wish to practice on an intermittent basis but is available to practice for an extended period of time for the purpose of providing his or her professional services in emergency circumstances such as times of declared war or other states of emergency.

(2) An individual requesting a retired active license status shall submit a letter to the department declaring the intent to practice only on an intermittent or emergency basis, along with the active retired renewal fee specified in WAC 246-824-990. Active retired licenses will not be retroactively issued for prior years.

(3) An active retired license is subject to annual renewal and penalty for late renewal as established in RCW 18.34.120 and WAC 246-824-990. Subsequent to being issued a retired active license, the licensee shall report, with the annual renewal the dates and circumstances under which the licensee practiced during the previous year.

(4) An active retired license is subject to continuing education as established in WAC 246-824-075.

(5) To reinstate the license to an active license status the licensee shall notify the department in writing five days in advance of the change and pay a reinstatement fee as specified in WAC 246-824-990.

(6) Individuals on a retired active license status are subject to chapter 18.130 RCW to the same extent as individuals holding an active license.)) A practitioner may obtain a retired active credential. Refer to the requirements of chapter 246-12 WAC, Part 5.

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-824-073, filed 6/24/93, effective 7/25/93.]

NEW SECTION

WAC 246-824-074 Inactive credential. A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[]

AMENDATORY SECTION (Amending Order 155, filed 4/10/91, effective 5/11/91)

WAC 246-824-075 Continuing education requirements for dispensing opticians. Purpose and scope. The purpose of these requirements is to ensure the continued high quality of services provided by the licensed dispensing optician. Continuing education consists of educational activities designed to review existing concepts and techniques and conveys information and knowledge about advances in the field of opticianry, so as to keep the licensed dispensing opticians abreast of current and forecasted developments in a rapidly changing field.

(1) Basic requirements. ((As a prerequisite for license renewal, licensed dispensing opticians are required to have thirty hours of continuing education every three years. The credit hours will be measured as follows: Any single session covering not less than two hours and forty minutes will be assigned three credits; any single session covering not less than one hour and forty minutes will be assigned two credits; any single session covering not less than fifty minutes will be assigned one credit.)) Licensed dispensing opticians must complete thirty hours of continuing education every three years as required in chapter 246-12 WAC, Part 7.

(2) Fifteen of the credit hours ((shall)) must relate to contact lenses.

((Continuing education credit hours in excess of the required hours earned in any renewal period may not be carried forward to a subsequent renewal period.

(2) Effective date of requirement. The effective date of the continuing education requirement will be upon the 1994 license renewal date or three years after initial licensure in Washington state, whichever is later.))

(3) Qualification of program for continuing education credit. Courses offered by the organizations and methods listed in this section will be presumed to qualify as continuing education courses. The secretary reserves the authority to refuse to accept credits in any course if the secretary determines that the course did not provide information sufficient in amount or relevancy to opticianry. Qualifying organizations and methods for the purposes of this section shall include in-class training, correspondence courses, video and/or audio tapes offered by any of the following:

(a) American board of opticianry;

(b) National academy of opticianry;

(c) Optical laboratories association;

(d) National contact lens examiners;

(e) Pacific coast contact lens society;

(f) Contact lens society of America;

(g) Opticians association of Washington;

(h) Opticianry colleges or universities approved by the secretary;

(i) Speakers sponsored by any of the above organizations;

(j) Any state or national opticianry association; and

(k) Additional qualifying organizations or associations as approved by the secretary.

(((4) Certification of compliance. Each licensee shall certify, on forms provided by the department, that the minimum continuing education and training requirements have been met. Each licensee shall be responsible for retaining copies of all records, certificates, or other evidence of continuing education course completion. In said documentation the licensee shall:

(a) Keep records documenting attendance course title and course content.

(b) Be prepared to validate, through submission of these records, that attendance has taken place.

The department may, at its discretion, require any licensee to submit, in addition to the sworn certification, proof of completion of continuing education requirements. Failure to comply with the continuing education requirements will be cause for a license to lapse. Any licensee whose license has lapsed shall pay a late penalty fee as established by rule for each year the license has lapsed and submit evidence of continuing education requirement compliance. Any licensee whose license has lapsed for a period of two years or more may reinstate his or her license by paying an examination fee and successfully passing the examination provided in RCW 18.34.070.))

[Statutory Authority: RCW 43.17.060 and 18.130.070. 91-09-024 (Order 155), 246-824-075, filed 4/10/91, effective 5/11/91.]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-824-170 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of four clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; infection control guidelines; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Effective January 1, 1989, the requirement for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 43.70.040, 70.24.270 and chapter 18.34 RCW. 92-02-018 (Order 224), 246-824-170, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-824-170, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-26-200, filed 11/2/88.]

AMENDATORY SECTION (Amending WSR 94-08-078, filed 4/5/94, effective 5/6/94)

WAC 246-824-990 Dispensing optician fees and renewal cycle. ((The following fees shall be charged by the professional licensing services division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Optician:

Full examination (or reexamination) $200.00

Reexamination--Practical only 50.00

Reexamination--Written (basic) only 25.00

Reexamination--Written (contact lens) only 25.00

Renewal 125.00

Late renewal penalty 75.00

Expired license reissuance 62.50

Duplicate license 15.00

Certification of license 15.00

Apprentice registration 75.00

Endorsement application 100.00

Inactive license 35.00

[Statutory Authority: RCW 43.70.250. 94-08-078, 246-824-990, filed 4/5/94, effective 5/6/94; 93-14-011, 246-824-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040, 43.70.250 and chapter 18.34 RCW. 92-02-018 (Order 224), 246-824-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-824-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-26-045, filed 5/1/87.]

NEW SECTION

WAC 246-824-995 Conversion to a birthday renewal cycle. (1) The annual license renewal date is changed to coincide with the practitioner's birthday.

(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.

(3) After the initial conversion to a staggered system, practitioners will annually renew their license on their birthday at the current renewal rate.

[]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-826-050 Renewal of health care assistants. Updated certification/delegation forms must be submitted within two years from the date of the most recent certification on file with the department of health. ((The department will send renewal forms to the delegation or facility's address on record approximately sixty days prior to the expiration date.)) It ((shall be)) is the responsibility of every health care facility and health care practitioner who certifies health care assistants to submit the renewal forms and fees on or before certification expiration date.

[Statutory Authority: RCW 18.135.030. 92-02-018 (Order 224), 246-826-050, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-050, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.135.030. 87-23-022 (Order PM 689), 308-175-040, filed 11/12/87; 85-06-018 (Order PL 515), 308-175-040, filed 2/25/85.]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-826-230 AIDS prevention and information education requirements--Health care assistants. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for certification. Effective January 1, 1989, persons applying for certification shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective January 1, 1989, the requirement for certification, renewal, or reinstatement of any certificate on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.

(4) Temporary emergency waiver of seven hours training requirement. The secretary may waive the minimum seven clock hour requirement of subsection (3)(a) of this section if evidence is provided which documents compliance with AIDS training curriculum content. Certificates issued under this provision will be effective for one hundred twenty days only.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.135.030 and 70.24.270. 92-02-018 (Order 224), 246-826-230, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-230, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.135.030. 90-14-131 (Order 069), 308-175-200, filed 7/5/90, effective 8/5/90; 88-22-076 (Order PM 785), 308-175-200, filed 11/2/88.]

AMENDATORY SECTION (Amending Order 173, filed 6/6/91, effective 7/7/91)

WAC 246-826-990 Health care assistant fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Certificates must be renewed every two years as provided in WAC 246-826-050 and chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

First certification $35.00

Renewal 33.00

Expired certificate reissuance 33.00

Recertification 35.00

Duplicate 15.00

[Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-826-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-175-140, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 18.135.030. 87-23-022 (Order PM 689), 308-175-140, filed 11/12/87.]

AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective 10/8/95)

WAC 246-828-295 Inactive ((status license)) credential. ((An inactive license shall be issued to a currently licensed fitter and dispenser at the time of his or her annual renewal upon the department's receipt of the licensee's written request and payment of the inactive license fee. An inactive license may be returned to active status upon written request of the licensee in accordance with RCW 18.35.095. An inactive license shall be renewed annually on the licensee's birthdate by submitting to the department the inactive status fee.)) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-295, filed 9/7/95, effective 10/8/95.]

AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective 10/8/95)

WAC 246-828-300 ((Licensure renewal, late penalty, reexamination required.)) Expired license. (((1) A license shall be renewed annually on or before the licensee's birthdate. An initial license shall expire on the licensee's next birthdate. Unless otherwise specified in statute, the secretary may prorate the renewal fee based on 1/12 of the annual renewal fee for each full calendar month between the initial issue date and the next anniversary of the applicant's birthdate.

(2) A licensee may renew his/her license at the annual renewal rate, for one year. Any renewal that is postmarked or presented to the department after midnight on the expiration date is late, and subject to a late renewal penalty fee.

(3) Failure to timely renew a license shall invalidate the license and all privileges granted by the license. Any licensee subject to the Uniform Disciplinary Act who submits a late renewal which is postmarked or presented to the department more than thirty days after its expiration date, shall be subject to investigation for unprofessional conduct in accordance with RCW 18.130.180(7) for unlicensed practice.

(4) Late renewal penalty fees, reinstatement of licensure. A license holder who fails to renew his or her license on or before its expiration date may be issued a license to practice during the first three years that the license has been allowed to lapse. The licensee shall remit to the department a completed reinstatement application, late penalty fee, all back annual renewal fees, and proof of completion of the continuing education requirement for the time the license was lapsed. Late renewal penalty fees shall be based on the following formula:

If the annual renewal The late renewal penalty fee is:

From $1 to $50 100% of the renewal fee

From $51 to $100 $50 flat fee

$101 or more 50% of the renewal fee,

but no more than $300

(5) If a licensee has allowed his or her license to lapse for more than three years the licensee shall, before the license may be reinstated to active status, satisfactorily complete all portions of the licensing examination and pay the applicable examination and licensing fees.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:

(a) Successfully pass the examination as provided in RCW 18.35.050;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-300, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as 246-828-300, filed 5/8/91, effective 6/8/91; 89-04-017 (Order PM 818), 308-50-350, filed 1/23/89. Statutory Authority: 1983 c 39 7. 83-23-056 (Order PL 447), 308-50-350, filed 11/15/83.]

AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective 10/8/95)

WAC 246-828-370 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Effective July 1, 1989, persons who submit an application for a license to fit/dispense hearing aids or who submit an application for a trainee permit shall submit, prior to being granted a license and in addition to the other requirements for licensure, evidence to show compliance with the educational requirements of subsection (4) of this section.

(3) Renewal of licenses. Effective with the renewal period beginning July 1, 1989, and ending June 30, 1990, all persons making application of licensure renewal shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (4) of this section.

(4) AIDS education and training.

(a) Acceptable education and training. The board will accept education and training that is consistent with the topical outline available from the office on AIDS. Such education and training shall be a minimum of four clock hours regarding the prevention, transmission and treatment of AIDS, and may include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective July 1, 1989, the requirement for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The licensee or applicant for licensure shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-370, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as 246-828-370, filed 5/8/91, effective 6/8/91. Statutory Authority: 1988 c 206 604. 88-23-106 (Order PM 797), 308-50-500, filed 11/22/88.]

AMENDATORY SECTION (Amending Order 342B, filed 3/5/93, effective 4/5/93)

WAC 246-828-510 ((Basic requirement--Amount.)) Continuing education. ((In the one-year period immediately preceding the annual renewal of the license to practice the fitting and dispensing of hearing aids, the applicant shall complete or accumulate ten hours of acceptable continuing education.

(1) Measurement is in full academic hours only (a fifty-minute period equals one hour). A one-day course shall constitute eight hours of credit.

(2) Credit shall be granted only for class hours and not preparation hours.

(3) Acceptable courses taken after January 1, 1993, may be included in the first computation of continuing education hours necessary for renewal.

(4) The same course taken more than once during the renewal period shall be counted only once.)) (1) Licensed hearing instrument fitter/dispensers must complete ten hours of continuing education as required in chapter 246-12 WAC, Part 7.

(2) A maximum of two hours may be in the area of practice management. Practice management includes, but is not limited to, marketing, computer recordkeeping, and personnel issues.

[Statutory Authority: RCW 18.35.161(3). 93-07-007 (Order 342B), 246-828-510, filed 3/5/93, effective 4/5/93.]

AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective 10/8/95)

WAC 246-828-530 Exceptions for continuing education. ((The following is an exception from the continuing education requirements. Upon a showing of good cause by a licensee to the secretary, the secretary, with advice from the board, may exempt such licensee from any, all, or part of the continuing education requirement. Good cause includes, but is not limited to, severe illness.)) An exception for continuing education requirements includes, but is not limited to, severe illness.

[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-530, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161(3). 93-07-007 (Order 342B), 246-828-530, filed 3/5/93, effective 4/5/93.]

AMENDATORY SECTION (Amending WSR 97-04-043, filed 1/31/97, effective 1/31/97)

WAC 246-828-990 Hearing aid fitter/dispenser ((fees)), audiologist and speech language pathologists fees and renewal cycle. ((The following fees shall be charged by the health professions quality assurance division of the department of health:)) (1) Licenses and certificates must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged for fitter/dispensers:

Title of Fee Fee

Fitter/dispenser:

License application $125.00

Initial license 100.00

Renewal 200.00

Written Exam 100.00

Practical Exam 200.00

Apprentice permit 85.00

Inactive license 75.00

Late renewal penalty 100.00

Expired license reissuance 100.00

Expired inactive license reissuance 50.00

License verification 15.00

Wall certificate 15.00

Duplicate license 15.00

(3) The following nonrefundable fees will be charged for audiologists:

Certificate application 125.00

Initial certificate 100.00

Renewal 200.00

Written Examination 100.00

Practical Examination 200.00

Interim permit 100.00

Inactive certificate 75.00

Late renewal penalty 100.00

Expired certificate reissuance 100.00

Expired inactive certificate reissuance 50.00

Certificate verification 15.00

Wall certificate 15.00

Duplicate certificate 15.00

(4) The following nonrefundable fees will be charged for speech/language pathologist:

Certificate application 125.00

Initial certificate 100.00

Renewal 200.00

Written Examination 100.00

Practical Examination 200.00

Interim permit 100.00

Inactive certificate 75.00

Late renewal penalty 100.00

Expired certificate reissuance 100.00

Expired inactive certificate reissuance 50.00

Certificate verification 15.00

Wall certificate 15.00

Duplicate certificate 15.00

[Statutory Authority: RCW 18.35.090 and 43.70.250. 97-04-043, 246-828-990, filed 1/31/97, effective 1/31/97. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-990, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 43.70.250. 94-08-038, 246-828-990, filed 3/31/94, effective 5/1/94; 93-14-011, 246-828-990, filed 6/24/93, effective 7/25/93; 91-13-002 (Order 173), 246-828-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-11-030 (Order 139), recodified as 246-828-990, filed 5/8/91, effective 6/8/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-50-440, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), 308-50-440, filed 8/27/87.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-828-050 Refunds on examination fee.

WAC 246-828-520 Effective date of requirement.

WAC 246-828-540 Qualification of program for continuing education credit.

WAC 246-828-560 Certification of compliance.

AMENDATORY SECTION (Amending WSR 94-13-181, filed 6/21/94, effective 7/22/94)

WAC 246-830-035 Licensing without examination. (1) A license to practice massage shall be issued without examination provided an individual holds a current license to practice massage in another jurisdiction that has examination and education requirements substantially equivalent to those in Washington.

(2) An individual applying for a license without examination shall submit to the department:

(a) A completed application on a form provided by the department;

(b) The required nonrefundable application fee;

(c) Documentation that the examination and education requirements of the other jurisdiction are substantially equivalent to those in Washington;

(d) Successful completion of an open book test provided by the department which demonstrates a working knowledge of Washington law as contained in chapters 18.108 and 18.130 RCW, and chapter 246-830 WAC;

(e) ((Proof of compliance with WAC 246-830-050 AIDS, prevention and information education requirements.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8;

(f) Written certification from all jurisdictions in which the applicant has practiced massage verifying that the applicant has a record of good standing and has not been the subject of any disciplinary action.

(3) Restrictions:

(a) All applicants shall be subject to the grounds for denial or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160;

(b) An individual who has failed the Washington state licensing examination shall not be eligible for licensing without examination.

(4) If application for licensing without examination is denied, the applicant may apply for licensing as set forth in RCW 18.108.070.

(5) A license issued without examination is subject to an original license fee and all other renewal requirements set forth in this chapter.

[Statutory Authority: RCW 18.108.025(1). 94-13-181, 246-830-035, filed 6/21/94, effective 7/22/94.]

AMENDATORY SECTION (Amending WSR 94-13-181, filed 6/21/94, effective 7/22/94)

WAC 246-830-460 Continuing education requirement--Amount. ((The licensee shall demonstrate continued professional competency by completing sixteen hours of acceptable continuing education every two years.

(1) Hours for continuing education shall be measured in full academic hours (a fifty-minute period equals one hour).

(2) Continuing education credit shall be granted for class hours only and not preparation time.)) Licensed massage therapists must complete sixteen hours of continuing education every two years as required in chapter 246-12 WAC, Part 7.

[Statutory Authority: RCW 18.108.025(1). 94-13-181, 246-830-460, filed 6/21/94, effective 7/22/94.]

AMENDATORY SECTION (Amending WSR 95-11-108, filed 5/23/95, effective 6/23/95)

WAC 246-830-990 Massage fees and renewal cycle. ((The following fees shall be charged by the health professions quality assurance division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Written examination and reexamination $ 65.00

Practical examination and reexamination 50.00

Initial license 55.00

Renewal 65.00

Late renewal penalty 50.00

Expired license reissuance 50.00

Certification of license 15.00

Duplicate license 15.00

[Statutory Authority: RCW 18.108.025(1). 95-11-108, 246-830-990, filed 5/23/95, effective 6/23/95. Statutory Authority: RCW 43.70.250. 93-14-011, 246-830-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 18.108.085 and 43.70.250. 92-02-018 (Order 224), 246-830-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-830-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 88-24-042 (Order PM 788), 308-51-210, filed 12/6/88; 87-18-031 (Order PM 667), 308-51-210, filed 8/27/87.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-830-050 AIDS prevention and information education requirements.

WAC 246-830-465 Effective date of requirement.

WAC 246-830-470 Exemptions.

WAC 246-830-480 Certification of compliance.

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-060 Application for licensing examination. (1) All applicants shall file a completed, notarized application, with the application fee specified in WAC 246-834-990, at least 45 days prior to the examination.

(2) Applicants shall request that the school of midwifery send an official transcript directly to the department of health((, professional licensing services)).

(3) Those who have properly applied to take the midwifery licensing examination and have met all qualifications will be notified of their eligibility to be examined. Upon notification of eligibility, the examination fee specified in WAC 246-834-990 must be submitted. Only applicants so notified will be admitted to the examination.

(4) ((No fees submitted and processed by the department will be subject to refund.

(5))) All applicants shall take the current state licensing examination for midwives.

(((6))) (5) The minimum passing score on the licensing examination is 75 percent.

(6) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.50.135 and 18.50.045. 92-02-018 (Order 224), 246-834-060, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.50.135. 82-19-079 (Order PL 406), 308-115-060, filed 9/21/82.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-834-065 Application for examination--Out-of-state education. (1) A midwife not licensed in the state of Washington may sit for the licensing examination without completing the required coursework or the midwife-in-training program provided the midwife meets the following requirements:

(a) Has completed a program preparing candidates to practice as a midwife provided such program is equivalent to the minimum course requirements of approved midwifery programs in Washington at the time of applicant's program completion. Proof of equivalency shall be submitted by the applicant with the application.

(b) The transcript of the applicant's completed midwifery program verifies that:

(i) All courses were completed with a grade of C (pass) or better; and

(ii) At least fifteen managed births were completed under the preceptorship of an experienced midwife approved by the candidate's educational program.

(c) If managed births completed under the preceptorship in (((1)))(b)(ii) of this subsection are less than fifty, then affidavits of births the applicant has managed must be submitted in a sufficient number to prove that the applicant has managed a total of at least fifty births.

(2) The applicant shall submit to the department:

(i) A complete notarized application with the required fee. ((The fee is nonrefundable.))

(ii) Notarized copies of educational preparation or an official transcript verifying educational preparation or an official transcript verifying educational preparation to practice midwifery.

(iii) ((Affidavits)) Declarations of managed births as required in subsection (1)(c) of this section.

(3) Applicants must demonstrate completion of seven clock hours of AIDS education as provided in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-065, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.50.135. 89-16-037 (Order PM 856), 308-115-065, filed 7/25/89, effective 8/25/89.]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-170 Reports to the ((director of)) department of ((licensing)) health by accredited midwifery educational programs. (1) An annual report on the program and its progress for the period July 1 to June 30 shall be submitted to the department by each midwifery educational program on forms supplied by the department.

(2) Written notification shall be sent to the department regarding major changes relating to, but not limited to, the following:

(a) Change in the administrator or academic director.

(b) Organizational change.

(c) Changes in extended learning sites.

The information submitted to the department of health shall include the reason for the proposed change.

(3) The secretary may require submission of additional reports.

[Statutory Authority: RCW 18.50.135 and 18.50.045. 92-02-018 (Order 224), 246-834-170, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-170, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.50.135. 82-19-079 (Order PL 406), 308-115-170, filed 9/21/82.]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-200 Appeal of department of ((licensing)) health decisions. A school of midwifery aggrieved by a department decision affecting its accreditation may appeal the decision pursuant to chapter 18.50 RCW and the Administrative Procedure Act, chapter 34.05 RCW.

[Statutory Authority: RCW 18.50.135, 18.50.045 and 34.05.220. 92-02-018 (Order 224), 246-834-200, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-200, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.50.135. 82-19-079 (Order PL 406), 308-115-200, filed 9/21/82.]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-260 General provisions. (1) "Unprofessional conduct" as used in this chapter shall mean the conduct described in RCW 18.130.180.

(2) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.

(3) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.

(4) "Department" means the department of health, whose address is:

Department of Health

((Professional Licensing Services))

Midwifery Program

1300 S.E. Quince St.

P.O. Box ((1099)) 47864

Olympia, Washington 98504-7864

(5) "Midwife" means a person licensed pursuant to chapter 18.50 RCW.

(6) "Mentally or physically disabled midwife" means a midwife who is currently mentally incompetent or mentally ill as determined by a court, or who is unable to practice midwifery with reasonable skill and safety to patients by reason of any mental or physical condition and who continues to practice while so impaired.

[Statutory Authority: RCW 18.50.135, 18.50.045, 18.130.050 and 18.130.070. 92-02-018 (Order 224), 246-834-260, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-260, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-115-260, filed 6/30/89.]

NEW SECTION

WAC 246-834-400 Expired license. (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, the practitioner must:

(a) Demonstrate competence to the standards established by the secretary;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-834-500 AIDS prevention and information education requirements.

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-836-080 Continuing competency program. (1) ((Naturopathic physicians)) Licensed ((under these rules shall complete)) naturopathic physicians must demonstrate completion of 20 hours of continuing education ((each year in courses approved by the director. Prior approval of courses shall be available by application to the secretary)) as provided in chapter 246-12 WAC, Part 7. Only courses in diagnosis and therapeutics as listed in RCW 18.36A.040 shall be eligible for credit.

(((2) In addition to the license renewal form and fee, the licensee shall submit an affidavit of compliance with the twenty hour continuing education requirement on a form provided by the department. Failure to submit the sworn certification will result in nonrenewal of the license.

(3) It is the responsibility of the licensee to maintain appropriate records or evidence of compliance with the continuing education requirement. The department may, in its discretion require any licensee to submit, in addition to the sworn certification, proof of completion of continuing education requirements.

(4) A material false statement on the sworn certification, or failure to provide proof of completion of continuing education requirements when proof is required in the department's discretion, is grounds for disciplinary action, including but not limited to, suspension, revocation, or nonrenewal of the license.

(5) Continuing education hours in excess of the required hours earned in any renewal period may not be carried forward to a subsequent renewal period.

(6))) (2) In emergency situations, such as personal or family illness, the department may in its discretion, for good cause shown, waive all or part of the continuing education requirement for a particular one year period for an individual licensee. The department may require such verification of the emergency as is necessary to prove its existence.

[Statutory Authority: RCW 18.36A.060. 92-02-018 (Order 224), 246-836-080, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-836-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.36A.060. 88-14-009 (Order PM 742), 308-34-180, filed 6/24/88.]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-836-410 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) The requirements for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.36A.060 and 70.24.270. 92-02-018 (Order 224), 246-836-410, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-836-410, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-130-410, filed 11/2/88.]

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-836-990 Naturopathic physician licensing fees and renewal cycle. (((1) The following fees are payable to the department of health.)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Amount

Application (initial/retake) $ 50.00

((Pregraduate basic science examination 175.00

Clinical examinations (initial/retake) 275.00

Basic science examination (initial/retake) 125.00

Add-on examinations (initial/retake) 75.00))

State examination (initial/retake) 50.00

Initial license 50.00

License renewal 450.00

Late renewal penalty 225.00

Expired license reissuance 225.00

Duplicate license 15.00

Certification of license 15.00

Application for reciprocity 50.00

(((2) Fees submitted to and processed by the department are nonrefundable.))

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-836-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-836-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-13-084 (Order 066), 308-34-170, filed 6/20/90, effective 7/21/90; 90-04-094 (Order 029), 308-34-170, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 88-20-075 (Order 783), 308-34-170, filed 10/5/88. Statutory Authority: RCW 18.36A.060. 88-14-009 (Order PM 742), 308-34-170, filed 6/24/88.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-836-090 License reinstatement.

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-010 Definitions. (1) (("Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illnesses as defined by the commission of health by rule.

(2))) "Auxiliary services" are all nursing services provided to patients by persons other than the licensed practical nurse, the registered nurse and the nursing student.

(((3))) (2) "Beginning practitioner" means a newly licensed nurse beginning to function in the nurse role.

(((4))) (3) "Behavioral objectives" means the measurable outcomes of specific content.

(((5))) (4) "Client" means the person who receives the services of the practical nurse or registered nurse.

(((6))) (5) "Client advocate" means a supporter of client rights and choices.

(((7))) (6) "Commission" means the Washington state nursing care quality assurance commission.

(((8))) (7) "Competencies" means the tasks necessary to perform the standards.

(((9))) (8) "Conceptual framework" means the theoretical base around which the curriculum is developed.

(((10))) (9) "Conditional approval" of a school of nursing is the approval given a school of nursing that has failed to meet the requirements of the law and the rules and regulations of the commission, and it specifies conditions that must be met within a designated time to rectify the failure.

(((11))) (10) "Delegation" means the licensed practical nurse or registered nurse transfers the performance of selected nursing tasks to competent individuals in selected situations. The licensed practical nurse or registered nurse delegating the task retains the responsibility and accountability for the nursing care of the client. The licensed practical nurse or registered nurse delegating the task supervises the performance of the unlicensed person;

(a) Nursing acts delegated by the licensed practical nurse or registered nurse shall:

(i) Be within the area of responsibility of the licensed practical nurse or registered nurse delegating the act;

(ii) Be such that, in the opinion of the licensed practical nurse or registered nurse, it can be properly and safely performed by the person without jeopardizing the patient welfare;

(iii) Be acts that a reasonable and prudent licensed practical nurse or registered nurse would find are within the scope of sound nursing judgment.

(b) Nursing acts delegated by the licensed practical nurse or registered nurse shall not require the unlicensed person to exercise nursing judgment nor perform acts which must only be performed by a licensed practical nurse or registered nurse, except in an emergency situation (RCW 18.79.240 (1)(b) and (2)(b)).

(c) When delegating a nursing act to an unlicensed person it is the registered nurse who shall:

(i) Make an assessment of the patient's nursing care need before delegating the task;

(ii) Instruct the unlicensed person in the delegated task or verify competency to perform or be assured that the person is competent to perform the nursing task as a result of the systems in place by the health care agency;

(iii) Recognize that some nursing interventions require nursing knowledge, judgment, and skill and therefore may not lawfully be delegated to unlicensed persons.

(((12))) (11) Direction and Supervision:

(a) "Supervision" of licensed or unlicensed nursing personnel means the provision of guidance and evaluation for the accomplishment of a nursing task or activity with the initial direction of the task or activity; periodic inspection of the actual act of accomplishing the task or activity; and the authority to require corrective action.

(b) "Consulting capacity" shall mean the recommendations to a professional entity, employed at that facility, which may be accepted, rejected, or modified. These recommendations shall not be held out as providing nursing services by the consulting nurse to the patient or public.

(c) "Direct supervision" shall mean the licensed registered nurse is on the premises, is quickly and easily available and the patient has been assessed by the licensed registered nurse prior to the delegation of the duties to any caregiver.

(d) "Immediate supervision" shall mean the registered nurse is on the premises and is within audible and visual range of the patient and the patient has been assessed by the registered nurse prior to the delegation of duties to any caregiver.

(e) "Indirect supervision" shall mean the registered nurse is not on the premises but has given either written or oral instructions for the care and treatment of the patient and the patient has been assessed by the registered nurse prior to the delegation of duties to any caregiver.

(((13))) (12) "Extended learning sites" refers to any area external to the parent organization selected by faculty for student learning experiences.

(((14))) (13) "Faculty" means persons who are responsible for the educational program of the school of nursing and who hold faculty appointment in the school.

(((15))) (14) "Full approval" of a school of nursing is the approval given a school of nursing that meets the requirements of the law and the rules and regulations of the commission.

(((16))) (15) "Minor nursing services." The techniques and procedures used by the nursing profession are extremely difficult to categorize as major or minor nursing services. The important factor with which this law is concerned is the determination of which nursing person and at what level of preparation that person may perform said technique or procedure in relation to the condition of a given patient, and this kind of determination rests with the registered nurse.

(((17))) (16) "Minimum standards of competency" means the functions that are expected of the beginning level nurse.

(((18))) (17) "Nurse administrator" is an individual who meets the qualifications contained in WAC 246-840-555 and who has been designated as the person primarily responsible for the direction of the program in nursing. Titles for this position may include, among others, dean, director, coordinator or chairperson.

(((19))) (18) The phrase "nursing aide" used in RCW 18.79.240 (1)(c) shall mean a "nursing technician." "Nursing technician" is a nursing student currently enrolled in a commission or state board of nursing approved nursing education program and employed for the purpose of giving help, assistance and support in the performance of those services which constitute the practice of registered nursing. The nursing student shall use the title "nursing technician" while employed.

(((20))) (19) "Nursing student" is a person currently enrolled in an approved school of nursing.

(((21) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(22))) (20) "Philosophy" means the beliefs and principles upon which the curriculum is based.

(((23))) (21) "Program" means a division or department within a state supported educational institution, or other institution of higher learning charged with the responsibility of preparing persons to qualify for the licensing examination.

(((24))) (22) "Provisional approval" of schools of nursing is the approval given a new school of nursing based on its proposed program prior to the admission of its first class.

(((25))) (23) "Registered nurse" as used in these rules shall mean a nurse as defined by RCW 18.79.030(1).

(((26))) (24) "School" means an educational unit charged with the responsibility of preparing persons to practice as practical nurses or registered nurses. Three types of basic schools of nursing are distinguished by the certificate awarded to the graduate. Schools of nursing within colleges and universities award the associate degree or baccalaureate degree. Schools of nursing sponsored by a hospital award a diploma.

(((27))) (25) "Standards" means the overall behavior which is the desired outcome.

(((28))) (26) "Terminal objectives" means the statements of goals which reflect the philosophy and are the measurable outcomes of the total curriculum.

(((29))) (27) An "unapproved school of nursing" is a school of nursing that has been removed from the list of approved schools for failure to meet the requirements of the law and the rules and regulations of the commission or a school that has never been approved by the commission.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-010, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-020 Documents which indicate authorization to practice nursing in Washington. The following documents are the only documents that indicate legal authorization to practice as a licensed practical nurse or registered nurse in Washington.

(1) Active license. A license is issued upon completion of all requirements for licensure, confers the right to use the title licensed practical nurse or licensed registered nurse and the use of its abbreviation, L.P.N. or R.N., and to practice as a licensed practical nurse or registered nurse in the state of Washington.

A student who has graduated from a basic professional nursing course and who is pursuing a baccalaureate degree in nursing, an advanced degree in nursing or an advanced certification in nursing shall hold an active Washington RN license before participating in the practice of nursing as required to fulfill the learning objectives in a clinical course.

Exception to this requirement may be granted by the commission on an individual basis upon a petition submitted by the dean or director of a school of nursing, on a case-by-case basis.

(a) The exception allows the student to practice in a clinical setting only under the direct supervision of an RN faculty member. The commission requires that any RN faculty member supervising these students meet the requirements of direct supervision as defined in WAC 246-840-010 (13)(c)(ii) and, in addition, that supervising faculty document that all clients under the care of the student be assessed by the RN faculty each clinical day.

(b) The dean or director of the school of nursing shall ensure that each faculty member who supervises these students be provided a copy of these rules and be assigned in a manner that allows for direct supervision.

(c) Nursing students who participate in clinical courses under this section are not eligible for the nursing technician role.

(2) Inactive license. A license issued to a person previously holding an active license in this state ((who desires to retire temporarily from the practice of nursing in this state. The holder of an inactive license shall not practice nursing in this state)), is in good standing and does not practice in Washington state. Refer to chapter 246-12 WAC, Part 4.

(3) Limited educational license. A limited educational license may be issued to a person who has been on inactive or lapsed status for three years or more and who wishes to return to active status.

(4) Advanced registered nurse practitioner (ARNP) recognition document. An ARNP recognition document may be issued to any person who meets the requirements of the commission as contained in WAC 246-840-300. Only persons holding this recognition document shall have the right to use the title "advanced registered nurse practitioner" or the abbreviation "ARNP" or any title or abbreviation which may indicate that the person is entitled to practice at an advanced and specialized level as a nurse practitioner, a specialized nurse practitioner, a nurse midwife, or a nurse anesthetist. This document authorizes the ARNP to engage in the scope of practice allowed for his or her specialty area and is valid only with a current registered nurse license.

(5) ARNP interim permit. An interim permit may be issued following satisfactory completion of an advanced formal education program, registration for the first certification examination of an approved program following completion of the education and filing of an application, fee and requested documentation. If the applicant passes the examination the department shall grant advanced registered nurse practitioner status. If the applicant fails the examination, the interim permit shall expire upon notification and is not renewable.

(6) ARNP prescriptive authorization. A notation of prescriptive authorization may be placed on the ARNP recognition document issued to any person who meets the requirements of the commission as contained in WAC 246-840-410. This authorizes the ARNP to prescribe drugs within his or her scope of practice and is valid only with a current registered nurse license.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-020, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-040 Filing of application for licensing examination. (1) All applicants ((shall)) must file with the Washington state nursing commission a completed application, with the required fee sixty days prior to the anticipated date of examination. ((The fee is not refundable.))

(2) Applicants ((shall)) must request the school of nursing to send an official transcript directly to the Washington state nursing commission. The transcript ((shall)) must contain adequate documentation to verify that statutory requirements are met and shall include course names and credits accepted from other programs.

(3) Applicants ((shall)) must also file an examination application, along with the required fee directly with the testing service.

(4) Applicants who have filed the required applications and met all qualifications will be notified of their eligibility, and only such applicants will be admitted to the examination.

(5) Applicants ((shall)) must submit with the application one recent U.S. passport identification photograph of the applicant unmounted and signed by the applicant across the front.

(6) ((Persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the AIDS education requirements of WAC 246-840-100.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-040, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-080 Licensure of graduates of foreign schools of nursing. (1) Applicants for licensure educated in a country outside the United States or its territories ((shall)) must meet the following requirements for licensure:

(a) Satisfactory completion of a basic nursing education program approved in the country of original licensure.

(i) The nursing education program ((shall)) must be equivalent to the minimum standards prevailing for commission or state board approved schools of nursing in Washington at the time of graduation.

(ii) Any deficiencies in the nursing program (theory and clinical practice in medical, psychiatric, obstetric, surgical and pediatric nursing) ((shall)) must be satisfactorily completed in a state board approved school of nursing.

(b) Screening exams:

for practical nurses:

Satisfactory passage of the test of English as a foreign language (TOEFL). All applicants with nursing educations obtained in countries outside of the United States and never before licensed in another jurisdiction or territory of the United States, shall be required to take the TOEFL and attain a minimum score of fifty in each section. Once an applicant obtains a score of fifty in a section, the board will require reexamination and passage only in the section(s) failed. Passage of all sections of the TOEFL must be attained and the applicant must cause TOEFL services to forward directly to the board a copy of the official examinee's score record. These results must be timely received with the individual's application before the NCLEX can be taken. Exceptions may be made, in the commission's discretion and for good cause, to this requirement.

for registered nurses:

Satisfactory passage of the screening examination for foreign nurses. As of May 1, 1981, all applicants from countries outside the United States, and never before licensed in one of the United States jurisdictions shall have passed the commission on graduates of foreign nursing schools (CGFNS) qualifying examination.

(c) Applicants licensed under the laws of a country outside the United States or its territories shall be required to take the current series of the National Council of State Boards of Nursing Licensing exam for Practical or Registered Nurse (NCLEX-PN or NCLEX-RN) as provided in WAC 246-840-050: Provided, That those persons meeting the requirements of WAC 246-840-090(7) are exempt from this requirement; or show evidence of having already successfully passed the state board licensing examination for practical or registered nurses in another jurisdiction or territory of the United States with the passing standard required in Washington.

(d) All other requirements of the statute and regulation ((shall)) must be met.

(2) Applicants for examination ((shall)) must:

(a) File with the nursing commission a completed license application with the required fee sixty days prior to the anticipated date of the examination. ((The fees are not refundable.))

(b) Request the school of nursing to submit an official transcript directly to the health professions quality assurance division of department of health. The transcript shall contain the date of graduation and the credential conferred, and shall be in English or accompanied by an official English translation notarized as a true and correct copy.

(c) Applicants shall also file an examination application, along with the required fee directly with the testing service.

(d) ((Persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of WAC 246-840-100.)) Applicants must demonstrate completion of seven clock hours of AIDS education as provided in chapter 246-12 WAC, Part 8.

(e) Request the licensing agency in the country of original license to submit evidence of licensure.

(f) Submit a notarized copy of the certificate issued by the CGFNS or results of TOEFL exam.

(g) If the applicant's original documents (education and licensing) are on file in another state or with the CGFNS, the applicant may request that the state board or the CGFNS send notarized copies in lieu of the originals.

(h) Submit one recent passport sized photograph of the applicant unmounted and signed by the applicant across the front.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-080, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-090 Licensure by interstate endorsement. A license to practice as a nurse in Washington may be issued without examination provided the applicant meets all of the following requirements:

for practical nurse programs:

(1) The applicant has graduated and holds a credential from:

(a) A commission or state board approved program preparing candidates for licensure as a practical nurse; or

(b) Its equivalent as determined by the commission, which program must fulfill the minimum requirement for commission or state board approved practical nursing programs in Washington at the time of graduation.

(2) Applicants shall have passed a state board constructed test, the SBTPE (state board test pool examination), or NCLEX in their original state of licensure.

(3) The applicant held or currently holds a license to practice as a practical nurse in another state or territory. If the license is lapsed or inactive for three years or more, the applicant must successfully complete a commission approved refresher course before an active Washington license is issued.

(4) That grounds do not exist for denial under chapter 18.130 RCW.

(5) The applicant shall:

(a) Submit a completed application with the required fee. ((The fee is not refundable.))

(b) ((Submit, in addition to the other requirements, evidence to show compliance with the education requirements of WAC 246-840-100.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

for registered nurse programs:

(6) The applicant has graduated and holds a degree/diploma from a commission or state board approved school of nursing preparing candidates for licensure as a registered nurse provided such nursing program is equivalent to the minimum nursing educational standards prevailing for commission or state board approved schools of nursing in Washington at the time of the applicant's graduation.

(a) Applicants who were licensed prior to January 1, 1953, ((shall)) must have scored at least seventy-five percent on the commission or state board examination in the state of original licensure.

(i) Applicants licensed after January 1, 1953, but before June 1, 1982, ((shall)) must have passed the state board test pool examination for registered nurse licensure with a minimum standard score of 350 in each test.

(ii) Applicants licensed after July 1, 1982, ((shall)) must have passed with a minimum standard score as established by contract with the National Council of State Boards of Nursing.

(b) The applicant holds a valid current license to practice as a registered nurse in another state or territory.

(c) ((The applicant complies with the education requirements of WAC 246-840-100.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(d) The application ((shall)) must be completed and notarized, the fee must be filed with the application. ((The fee is not refundable.)) A notarized copy of a valid current license shall be filed with the application.

(e) Verification of licensure by examination ((shall)) must be obtained from the state or territory of original licensure. Any fee for verification required by the state or territory of original license ((shall)) must be paid by the applicant.

(7) Applicants from countries outside the United States who were granted a license in another United States jurisdiction or territory prior to December 31, 1971, and who were not required to pass the state board test pool examination ((shall)) must meet the following requirements:

(a) The nursing education program ((shall)) must meet the minimum approved standards prevailing for schools of nursing in Washington at the time of the applicant's graduation.

(b) The applicant holds a valid current license to practice as a registered nurse in another United States jurisdiction or territory.

(c) The applicant ((shall)) must submit to the commission:

(i) A complete notarized application. The ((nonrefundable)) fee must be filed with the application.

(ii) Verification of original licensure obtained in the United States jurisdiction or territory.

(iii) Notarized copies of educational preparation and licensure by examination submitted directly from the country of original licensure or from the state commission or territory of original United States licensure.

(iv) Verification of current nursing practice for three years prior to application for Washington licensure.

(v) ((Evidence to show compliance with the education requirements of WAC 246-840-100.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(d) The applicant shall meet all requirements of chapter 18.79 RCW and regulations of the commission.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-090, filed 6/18/97, effective 7/19/97.]

NEW SECTION

WAC 246-840-111 Expired license. (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for more than three years and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for more than three years and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:

(a) Successfully complete a commission approved refresher course. The practitioner will be issued a limited educational license to enroll in the refresher course. The limited educational license is valid only while working under the direct supervision of a preceptor and is not valid for employment as a licensed practical or registered nurse;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-120 ((Return to active status from)) Inactive ((or lapsed status)) credential. ((Persons on inactive and/or lapsed status for three years or more, who do not hold a current active license in any other United States jurisdiction and who wish to return to active status shall be issued a limited educational license to enroll in a commission approved refresher course. Upon successful completion of the course, the individual's license shall be returned to active status. The limited educational license is valid only while working under the direct supervision of a preceptor and is not valid for employment as a licensed practical or registered nurse. Upon successful completion of the course, the individual's license shall be returned to active status.)) (1) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

(2) Practitioners with an inactive credential for three years or less who wish to return to active status must meet the requirements of chapter 246-12 WAC, Part 4.

(3) Practitioners with an inactive credential for more than three years, who have been in active practice in another United States jurisdiction, and wish to return to active status must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 4.

(4) Practitioners with an inactive credential for more than three years, who have not been in active practice in another United States jurisdiction, and wish to return to active status must:

(a) Successfully complete a commission approved refresher course. The practitioner will be issued a limited educational license to enroll in the refresher course. The limited educational license is valid only while working under the direct supervision of a preceptor and is not valid for employment as a licensed practical or registered nurse;

(b) Meet the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-120, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-340 Application requirements for ARNP. A registered nurse applicant for licensure as an ARNP shall:

(1) Submit a completed application and ((nonrefundable)) fee as specified in WAC 246-840-990.

(2) Meet the requirements of WAC 246-840-300 and 246-840-305. The following documents ((shall)) must be submitted as evidence to these requirements:

(a) An official transcript received by the commission directly from the formal advanced nursing education program showing all courses, grades, degree or certificate granted, official seal and appropriate registrar or program director's signature.

(b) Program objectives and course descriptions.

(c) Documentation from program director or faculty specifying the area of specialty, unless such is clearly indicated on the official transcript.

(3) Have graduated from an advanced nursing education program, as defined in WAC 246-840-300, within five years of application; if longer than five years have practiced a minimum of one thousand five hundred hours in an expanded specialty role within five years immediately preceding application.

(4) Submit evidence of certification by a certification program approved by the commission.

(5) Persons not meeting the educational requirements in subsection (2) of this section may be licensed if:

(a) Certified prior to December 31, 1994, by a national certifying organization recognized by the commission at the time certification was granted; and

(b) Recognized as an advanced registered nurse practitioner by another jurisdiction prior to December 31, 1994; and

(c) Completed an advanced registered nurse practitioner program equivalent to one academic year.

(6) Persons not meeting the requirements in subsection (3) of this section may be licensed following successful completion of five hundred hours of clinical practice supervised by an advanced registered nurse practitioner or a physician (licensed under chapter 18.71 or 18.57 RCW) in the same specialty area. Following completion of the supervised practice, the supervisor ((shall)) must submit an evaluation to the commission and verify that the applicant's knowledge and skills are at a safe and appropriate level.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-340, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-350 Application requirements for ARNP interim permit. A registered nurse who has completed advanced formal education and registered for a commission approved national certification examination may be issued an interim permit to practice specialized and advanced nursing pending notification of the results of the first certification examination. The holder of an ARNP permit ((shall)) must use the title graduate registered nurse practitioner (GRNP).

(1) An applicant for ARNP interim permit ((shall)) must:

(a) Submit a completed application on a form provided by the commission accompanied by a ((nonrefundable)) fee as specified in WAC 246-840-990; and

(b) Submit documentation of completion of advanced formal education in the area of specialty; and

(c) Submit documentation of registration for the first certification examination administered by an approved certification program following completion of advanced formal education; and

(d) Hold a current license to practice as a registered nurse in Washington.

(2) The permit expires when advanced registered nurse practitioner status is granted. If the applicant fails the examination, the interim permit ((shall)) will expire upon notification and is not renewable.

(3) An applicant who does not write the examination on the date scheduled ((shall)) must immediately return the permit to the department of health.

(4) The interim permit authorizes the holder to perform the functions of advanced and specialized nursing practice as described in this section.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-350, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-360 Renewal of ARNP designation. ((ARNP designation shall be renewed every two years on the ARNP's birthday.)) The applicant ((shall)) must:

(1) Maintain a current registered nurse license in Washington.

(2) Submit evidence of current certification by her/his certifying body.

(3) Provide documentation of thirty contact hours (a contact hour is fifty minutes) of continuing education during the renewal period in the area of certification derived from any combination of the following approved by the commission:

(a) Formal academic study;

(b) Continuing education offerings.

(4) Attest, on forms provided by the commission, to having a minimum of two hundred fifty hours of specialized and advanced nursing practice within the preceding biennium providing direct patient care services. The commission may perform random audits of licensee's attestations.

(5) ((Submit a nonrefundable fee as specified. If the licensee fails to renew his or her ARNP designation prior to the expiration date, then the individual is subject to the late renewal fee specified in WAC 246-840-990.)) Comply with the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-360, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-365 Return to active ARNP status from inactive or ((lapsed)) expired status. Persons on inactive or ((lapsed)) expired status who do not hold a current active license in any other United States jurisdiction and who wish to return to active status ((shall)) must apply for reinstatement of ARNP licensure. This requires:

(1) Current RN license in the state of Washington.

(2) Evidence of current certification by his/her certifying body.

(3) Documentation of thirty contact hours of continuing education in the area of specialty during the last two years.

(4) Two hundred fifty hours of precepted/supervised advanced clinical practice supervised by an ARNP or physician in the same specialty within the last year.

(5) If the license has been expired, meet the requirements of chapter 246-12 WAC, Part 2.

(6) If the licensee has been on inactive status, meet the requirements of chapter 246-12 WAC, Part 4.

During the time of the preceptorship, the nurse will be practicing under RN license and will not use the designation ARNP.

ARNP licensure must be reinstated before reapplying for prescriptive authority. At that time the CE requirement will be the same as if applying for prescriptive authority for the first time, as in WAC 246-840-410.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-365, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-410 Application requirements for ARNP with prescriptive authority. An advanced registered nurse practitioner who applies for authorization to prescribe drugs ((shall)) must:

(1) Be currently designated as an advanced registered nurse practitioner in Washington.

(2) Be designated by their national certifying body as:

(a) A family nurse practitioner; or

(b) A women's health care nurse practitioner; or

(c) A pediatric nurse practitioner/associate; or

(d) An adult nurse practitioner; or

(e) A geriatric nurse practitioner; or

(f) A nurse midwife; or

(g) A nurse anesthetist; or

(h) A school nurse practitioner; or

(i) A clinical specialist in psychiatric and mental health nursing; or

(j) A neonatal nurse practitioner.

(3) Provide evidence of completion of thirty contact hours of education in pharmacotherapeutics related to the applicant's scope of specialized and advanced practice and:

(a) Include pharmacokinetic principles and their clinical application and the use of pharmacological agents in the prevention of illness, restoration, and maintenance of health.

(b) Are obtained within a two-year time period immediately prior to the date of application for prescriptive authority.

(c) Are obtained from the following:

(i) Study within the advanced formal educational program; and/or

(ii) Continuing education programs.

Exceptions shall be justified to and approved by the commission.

(4) Submit a completed, notarized application on a form provided by the commission accompanied by a ((nonrefundable)) fee as specified in WAC 246-840-990.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-410, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-440 Prescriptive authorization period. (1) Prescriptive authorization shall be for a period of two years.

(2) Initial authorization ((shall)) will expire on the applicant's renewal date for ARNP designation.

(3) Authorization ((shall)) will be renewed after the applicant meets the requirements of WAC 246-840-450 and chapter 246-12 WAC, Part 2.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-440, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective 7/19/97)

WAC 246-840-450 Renewal. ARNP with prescriptive authorization ((shall)) must be renewed every two years. For renewal of ARNP with prescriptive authorization, the licensee ((shall)) must:

(1) Meet the requirements of WAC 246-840-360 (1), (2), and (3).

(2) Provide documentation of fifteen additional contact hours of continuing education during the renewal period in pharmacotherapeutics related to licensee's scope of practice. This continuing education ((shall)) must meet the requirements of WAC 246-840-410 (3)(a) and chapter 246-12 WAC, Part 7.

(3) Submit a completed and notarized renewal application with a nonrefundable fee as specified in WAC 246-840-990. If the licensee fails to renew his or her prescriptive authorization prior to the expiration date, then the individual is subject to the late renewal fee specified in WAC 246-840-990 and chapter 246-12 WAC, Part 2.

[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-450, filed 6/18/97, effective 7/19/97.]

AMENDATORY SECTION (Amending WSR 97-23-075, filed 11/19/97, effective 1/12/98)

WAC 246-840-990 Fees and renewal cycle. (1) Licenses for practical nurse and registered nurse must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) Licenses for advanced registered nurse must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(3) The following nonrefundable fees shall be charged by the health professions quality assurance division of the department of health. Persons who hold an RN and an LPN license shall be charged separate fees for each license. Persons who are licensed as an advanced registered nurse practitioner in more than one specialty ((shall)) will be charged a fee for each specialty:

RN/LPN fees:

Title of Fee Fee

Application (initial or endorsement) $65.00

License renewal 50.00

Late renewal penalty 50.00

Expired license reissuance 50.00

Inactive renewal 20.00

Expired inactive license reissuance 20.00

Inactive late renewal penalty 10.00

Duplicate license 20.00

Verification of licensure/education (written) 25.00

Advanced registered nurse fees:

Title of Fee Fee

ARNP application with or without prescriptive

authority (per specialty) $65.00

ARNP renewal with or without prescriptive

authority (per specialty) 50.00

ARNP late renewal penalty (per specialty) 50.00

ARNP duplicate license (per specialty) 20.00

ARNP written verification of license

(per specialty) 25.00

[Statutory Authority: Chapter 18.79 RCW. 97-23-075, 246-840-990, filed 11/19/97, effective 1/12/98. Statutory Authority: RCW 18.79.200. 95-12-021, 246-840-990, filed 5/31/95, effective 7/1/95.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-840-100 AIDS education and training.

WAC 246-840-110 Renewal of licenses.

WAC 246-840-115 Responsibility for maintaining mailing address.

NEW SECTION

WAC 246-841-520 Expired license. (1) If the certificate has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the certificate has expired for over three years the practitioner must:

(a) Demonstrate competence to the standards established by the nursing care quality assurance commission;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[]

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-841-610 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for registration or certification. Effective January 1, 1989 persons applying for registration or certification shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (4). Initial applicants may have a four month extension upon written application to the department.

(3) 1989 Renewal of registration. Effective for the 1989 renewal period beginning January 1, 1989 all persons making application for registration renewal shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (4). Persons whose 1989 registration expires on or before March 31, 1989 will, upon written application, be granted an extension to April 15, 1989, to meet the AIDS education requirement. Renewal applicants who have documented hardship that prevents obtaining the required education may petition for an extension.

(4) AIDS education and training.

(a) Acceptable education and training. The director will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective January 1, 1989, the requirement for registration, certification, renewal, or reinstatement of any registration on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (a).

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.88A.050, 18.130.050, 18.130.080 and 70.24.270. 92-02-018 (Order 224), 246-841-610, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-841-610, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-173-100, filed 11/2/88.]

AMENDATORY SECTION (Amending WSR 96-03-051, filed 1/12/96, effective 3/1/96)

WAC 246-841-990 Nursing assistant--Fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Certificates and registrations must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged for registrations:

Title of Fee Fee

Application - registration $ 10.00

Renewal of registration 20.00

Duplicate registration 10.00

Registration late penalty 20.00

Expired registration reissuance 20.00

(3) The following nonrefundable fees will be charged for certifications:

Application for certification 10.00

Certification renewal 20.00

Duplicate certification 10.00

Certification late penalty 20.00

Expired certificate reissuance 20.00

[Statutory Authority: Chapter 18.88A RCW. 96-03-051, 246-841-990, filed 1/12/96, effective 3/1/96. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-841-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-173-130, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 88-20-075 (Order 783), 308-173-130, filed 10/5/88.]

AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective 12/28/91)

WAC 246-843-150 Continuing education requirements to meet the conditions of reregistration for license. (1) ((A condition of reregistration for license shall be the requirement that the applicant has attended board-approved courses in continuing education.)) Licensed nursing home administrators must demonstrate completion of fifty-four hours of continuing education every three years as provided in chapter 246-12 WAC, Part 7.

(2) ((The licensee shall present proof that fifty-four classroom hours in approved continuing education courses have been completed during each three-year period of licensed tenure. The first three year period shall begin on the date of first renewal of the license, and shall conclude the day before the third anniversary of such renewal. Successive three year periods shall be computed in a similar fashion.

(3) There shall be no carry over of continuing education classroom hours from any three year period to the next three year period.

(4) Applicants for renewal)) Practitioners practicing only out of the state of Washington may petition the board for full recognition of the continuing education requirement through fulfillment of their state of practice's licensing and continuing education requirements with the condition that their state has equal hours of continuing education requirements.

[Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-150, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as 246-843-150, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14) and 18.52.110(2). 84-07-051 (Order PL 461), 308-54-150, filed 3/21/84. Statutory Authority: RCW 18.52.110. 80-04-069 (Order 338), 308-54-150, filed 3/26/80; Order PL 260, 308-54-150, filed 12/10/76; Order PL 107, 308-54-150, filed 3/3/71.]

AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective 12/28/91)

WAC 246-843-162 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary shall will accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) The requirements for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.52.100 and 70.24.270. 91-24-050 (Order 217B), 246-843-162, filed 11/27/91, effective 12/28/91. Statutory Authority: RCW 18.52.100. 91-06-060 (Order 141B), recodified as 246-843-162, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(11). 88-23-038 (Order PM 791), 308-54-162, filed 11/9/88.]

AMENDATORY SECTION (Amending Order 371B, filed 6/3/93, effective 7/4/93)

WAC 246-843-180 ((Registration of)) Expired licenses. (((1) Every person who holds a valid nursing home administrator's license, active or inactive, shall reregister on dates specified by the secretary. Such relicensure shall be granted upon receipt of the annual fee, and upon fulfilling the continuing competency requirements by submitting proof of completing fifty-four hours of continuing education as described in WAC 246-843-150.

(2) Any active or inactive license holder not relicensed will be charged a penalty fee as set forth in WAC 246-843-990 in addition to the annual fee and all delinquent fees that are in arrears. In the event that the license of an individual is not relicensed within two years from the most recent date for relicensure, such license shall lapse and the individual must again apply for licensing and meet all the requirements for a new applicant.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, the practitioner must:

(a) Reapply for licensing under current requirements;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.52.061. 93-13-004 (Order 371B), 246-843-180, filed 6/3/93, effective 7/4/93. Statutory Authority: RCW 18.52.100. 91-24-022 (Order 216B), 246-843-180, filed 11/25/91, effective 12/26/91; 91-06-060 (Order 141B), recodified as 246-843-180, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14). 86-01-086 (Order PL 576), 308-54-180, filed 12/18/85. Statutory Authority: RCW 18.52.100. 80-08-066 (Order 348), 308-54-180, filed 7/1/80; Order PL 260, 308-54-180, filed 12/10/76; Order PL 107, 308-54-180, filed 3/3/71.]

AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective 12/28/91)

WAC 246-843-230 Reciprocity. (((1))) The board, at its discretion, and otherwise subject to the law pertaining to the licensing of nursing home administrators prescribing the qualifications for a nursing home administrator license may endorse a nursing home administrator license issued by the proper authorities of any other state, upon payment of the original license fee and the application fee, and upon submission of evidence satisfactory to the board:

(((a))) (1) That such other state maintains a system and standard of qualification and examination for a nursing home administrator license, which are substantially equivalent to those required in this state;

(((b))) (2) That such applicant for endorsement is examined and successfully passes the test related to Washington state local health and safety nursing home regulations; and

(((c))) (3) That such applicant has not had a nursing home administrator license revoked or suspended in any state.

(((2) After meeting the preceding requirements, the applicant shall submit the original license fee and is subject to annual renewals and late renewal penalty fees.))

[Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-230, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as 246-843-230, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14). 87-02-008 (Order PM 633), 308-54-230, filed 12/29/86; Order PL 107, 308-54-230, filed 3/3/71.]

AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective 12/28/91)

WAC 246-843-330 Inactive ((status)) credential. ((A nursing home administrator in good standing may place his or her license on inactive status by giving written notice to the secretary. To maintain an inactive license status, the yearly inactive license fee shall be paid by the licensee. The secretary shall determine fees as provided in RCW 43.70.250. The licensee may resume active practice by submitting proof of maintenance of continuing education requirements and payment of current licensing fee. A person whose license is on inactive status shall not practice as a nursing home administrator until his or her license is activated.)) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-330, filed 11/27/91, effective 12/28/91; 91-06-059 (Order 149B), 246-843-330, filed 3/1/91, effective 4/1/91.]

AMENDATORY SECTION (Amending WSR 94-09-006, filed 4/11/94, effective 5/12/94)

WAC 246-843-990 Nursing home administrator fees and renewal cycle. ((The following fees shall be charged by the health professions quality assurance division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application (examination

and original license) (([$])) $325.00

Reexamination (partial) 125.00

Application - Reciprocity 295.00

Temporary permit 190.00

Renewal 295.00

Inactive license renewal 110.00

Late renewal penalty 145.00

Expired license reissuance 147.50

Late renewal penalty - inactive 55.00

Expired inactive license reissuance 55.00

Duplicate license 15.00

Certification of license 15.00

Administrator-in-training 100.00

[Statutory Authority: RCW 43.70.250 and chapter 18.52 RCW. 94-09-006, 246-843-990, filed 4/11/94, effective 5/12/94. Statutory Authority: RCW 43.70.250. 93-14-011, 246-843-990, filed 6/24/93, effective 7/25/93; 91-09-051 (Order 154), 246-843-990, filed 4/16/91, effective 5/17/91. Statutory Authority: RCW 43.70.040. 91-06-058 (Order 138), recodified as 246-843-990, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-54-315, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), 308-54-315, filed 8/27/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-54-315, filed 8/10/83. Formerly WAC 308-54-310.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-843-155 Certification of compliance.

WAC 246-843-160 Licenses.

WAC 246-843-250 Duplicate licenses.

WAC 246-843-320 Renewal of licenses.

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-845-990 Nursing pool fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health.)) (1) Registrations must be renewed every year on the date of original issuance as provided in chapter 246-12 WAC, Part 3.

(2) The following nonrefundable fees will be charged:

Title Fee

Registration application $175.00

Registration renewal 185.00

Late renewal penalty 185.00

Duplicate registration 25.00

Registration certification 25.00

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-845-990, filed 6/24/93, effective 7/25/93; 91-13-002 (Order 173), 246-845-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-845-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-310-010, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 88-20-076 (Order 784), 308-310-010, filed 10/5/88.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-845-100 Renewal of registration.

AMENDATORY SECTION (Amending Order 394B, filed 9/1/93, effective 10/2/93)

WAC 246-847-055 Initial application for individuals who have not practiced within the past four years. (1) Any initial applicant who has not been actively engaged in the practice of occupational therapy within the past four years shall provide, in addition to the requirements for licensure as specified in RCW 18.59.050 and WAC ((246-847-200)) 246-847-190:

(a) Evidence of having successfully completed an approved occupational therapy or occupational therapy assistant program within the past four years and documentation of thirty hours of continued competency as described in WAC 246-847-065 for the previous two-year period; or

(b) Evidence of having passed the examination as defined in WAC 246-847-080 within the previous two-year period and documentation of thirty hours of continued competency as described in WAC 246-847-065 for the previous two year-period; or

(c) Evidence of having successfully completed a board approved educational program specifically designed for occupational therapists or occupational therapy assistants preparing for re-entry into the field of occupational therapy.

(2) The applicant may be required to appear before the board for oral interview.

[Statutory Authority: RCW 18.59.130. 93-18-093 (Order 394B), 246-847-055, filed 9/1/93, effective 10/2/93.]

AMENDATORY SECTION (Amending Order 300B, filed 8/24/92, effective 9/24/92 WAC 246-847-065 Continued competency. ((Beginning January 1, 1993, evidence of continued competency completed after January 1, 1991, for the practice of occupational therapy shall include a minimum of thirty contact hours of continuing education for each two-year license renewal period. The thirty contact hours may be obtained through two or more of the following methods which have specified goals and objectives relating to the practice of occupational therapy as defined in RCW 18.59.020 and WAC 246-847-010; inservices, coursework, conferences, workshops, peer reviewed self study, presentations, or publications.)) Licensed occupational therapists must complete thirty hours of continuing education every two years as required in chapter 246-12 WAC, Part 7.

[Statutory Authority: RCW 18.59.130. 92-18-015 (Order 300B), 246-847-065, filed 8/24/92, effective 9/24/92; 91-11-064 (Order 171B), 246-847-065, filed 5/16/91, effective 6/16/91; 91-05-027 (Order 112B), recodified as 246-847-065, filed 2/12/91, effective 3/15/91; 90-22-011 (Order 094), 308-171-041, filed 10/26/90, effective 11/26/90.]

AMENDATORY SECTION (Amending WSR 94-20-036, filed 9/28/94, effective 10/29/94)

WAC 246-847-068 ((Renewal of)) Expired license. (((1) The license of any occupational therapist or occupational therapy assistant who has neither placed his or her license on inactive status as described in WAC 246-847-070 nor been actively engaged in the practice of occupational therapy in another jurisdiction and fails to renew the license by the date set by the secretary for renewal shall automatically expire. The licensee may, within four years from the date of expiration, request the license be renewed upon payment of the renewal and late renewal fees determined by the secretary and completion of continued competency requirements as specified in WAC 246-847-065.

(2) If a license has expired for four years or more, the license may be renewed under the following conditions:

(a) Submission of a written application to the board on forms provided by the secretary together with:

(b) Evidence of having been employed as an occupational therapist or occupational therapy assistant in another jurisdiction during the period of lapse;

(c) Renewal and late fees; and

(d) Evidence of having passed the examination as defined in WAC 246-847-080 within the previous two-year period and documentation of thirty hours of continued competency as described in WAC 246-847-065 for the previous two-year period; or

(e) Evidence of having successfully completed a board approved educational program specifically designed for occupational therapists or occupational therapy assistants preparing for reentry into the field of occupational therapy.

(3) The applicant may be required to appear before the board for oral interview.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:

(a) Either provide evidence of having passed the examination as defined in WAC 246-847-080 within the previous two-year period or provide evidence of successfully completing a board-approved educational program specifically designed for occupational therapists or occupational therapy assistants preparing for reentry into the field of occupational therapy;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.59.130. 94-20-036, 246-847-068, filed 9/28/94, effective 10/29/94; 93-18-093 (Order 394B), 246-847-068, filed 9/1/93, effective 10/2/93.]

AMENDATORY SECTION (Amending Order 394B, filed 9/1/93, effective 10/2/93)

WAC 246-847-070 Inactive ((status)) credential. ((An occupational therapist or occupational therapy assistant, in good standing, may place his or her license on inactive status by giving written notice to the secretary, and may within two years thereafter resume active practice upon payment of a late renewal fee and by completion of the continued competency requirements as specified in WAC 246-847-065. A license may be reinstated after a period of inactive status of up to four years, with proof of completion of continued competency within two years prior to reactivation and payment of a late renewal fee. A license may be reinstated after a period of inactive status of more than four years under such circumstances as the secretary determines with the advice of the board. A person whose license is on inactive status shall not practice as an occupational therapist or occupational therapy assistant until his or her license is activated.)) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 18.59.130. 93-18-093 (Order 394B), 246-847-070, filed 9/1/93, effective 10/2/93; 91-05-027 (Order 112B), recodified as 246-847-070, filed 2/12/91, effective 3/15/91; 90-22-011 (Order 094), 308-171-045, filed 10/26/90, effective 11/26/90. Statutory Authority: RCW 18.59.090(3). 86-21-026 (Order PM 620), 308-171-045, filed 10/8/86.]

AMENDATORY SECTION (Amending WSR 94-20-036, filed 9/28/94, effective 10/29/94)

WAC 246-847-190 AIDS education and training. (((1) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(2) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(3) Acceptable education and training. The department of health will accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of six clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(4) Implementation. Effective February 1, 1989, the requirement for licensing application, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (3) of this section.

(5) Documentation. The licensee shall:

(a) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987, and before the renewal date or December 31, 1989, whichever date is earlier;

(b) Keep records for two years documenting attendance and description of the learning; and

(c) Be prepared to validate, through submission of these records, that learning has taken place.)) Applicants must complete six clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.59.130. 94-20-036, 246-847-190, filed 9/28/94, effective 10/29/94; 91-05-027 (Order 112B), recodified as 246-847-190, filed 2/12/91, effective 3/15/91; 90-22-011 (Order 094), 308-171-320, filed 10/26/90, effective 11/26/90. Statutory Authority: RCW 18.59.130 and 18.130.050. 89-01-081 (Order PM 805), 308-171-320, filed 12/20/88.]

AMENDATORY SECTION (Amending WSR 94-22-055, filed 11/1/94, effective 1/1/95)

WAC 246-847-990 Occupational therapy fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Licenses must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged for occupational therapist:

Title of Fee Fee

((Occupational therapist:))

Application fee (((nonrefundable))) $ 90.00

Initial license 80.00

License renewal 125.00

Limited permit fee 40.00

Late renewal fee 60.00

Expired license reissuance 62.50

Inactive license 5.00

Expired inactive license reissuance 5.00

Duplicate 15.00

Certification of license 25.00

(3) The following nonrefundable fees will be charged for occupational therapy assistant:

Application fee (((nonrefundable))) 90.00

Initial license 80.00

License renewal 95.00

Late renewal fee 60.00

Expired license reissuance 50.00

Inactive license 5.00

Expired inactive license reissuance 5.00

Limited permit fee 40.00

Duplicate 15.00

Certification of license 25.00

[Statutory Authority: RCW 43.70.250 and chapters 18.57, 18.57A, 18.22 and 18.59 RCW. 94-22-055, 246-847-990, filed 11/1/94, effective 1/1/95. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-847-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-05-030 (Order 135), recodified as 246-847-990, filed 2/12/91, effective 3/15/91. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-171-310, filed 5/1/87.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-847-060 License renewal registration date and fee.

WAC 246-847-200 Application for licensure.

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-849-110 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of four clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; infection control guidelines; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Requirements for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 70.24.270. 92-02-018 (Order 224), 246-849-110, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-849-110, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-55-200, filed 11/2/88.]

AMENDATORY SECTION (Amending Order 355, filed 4/22/93, effective 5/23/93)

WAC 246-849-210 Registration of apprentices. (1) An applicant for apprenticeship may request registration as an apprentice by submitting to the department:

(a) An application on a form provided by the secretary;

(b) A registration fee as specified in WAC 246-849-990.

(2) Training received from more than one supervisor shall require separate applications.

(3) Only the apprenticeship training received subsequent to the date that the apprentice was formally registered with the secretary will be considered towards the required ten thousand hours necessary to sit for the examination.

(4) A registered apprentice shall notify the department in writing whenever the apprenticeship training is terminated, unless such termination is concluded by reason of the apprentice becoming licensed as an ocularist in this state.

(5) ((A registered apprentice shall notify the secretary in writing within thirty days of any name or address change.

(6))) In order to facilitate comments on the apprentice's performance, the apprentice registration card along with the name, business address, and business telephone number of the apprentice's supervisor shall be posted in public view on the premises where the apprentice works.

(((7) An apprentice registration shall be valid for one year from the date of registration. Each registration shall be renewed annually.))

[Statutory Authority: RCW 18.55.095. 93-10-008 (Order 355), 246-849-210, filed 4/22/93, effective 5/23/93.]

AMENDATORY SECTION (Amending Order 355, filed 4/22/93, effective 5/23/93)

WAC 246-849-220 Application for examination. (1) An individual shall make application for examination, in accordance with RCW 18.55.040, on an application form prepared by and provided by the secretary.

(2) The apprenticeship training requirement shall be supported with certification by the licensed individual (or individuals) who provided such training.

(3) ((Examination fees are not refundable.)) If an applicant is unable to attend his or her scheduled examination, and so notifies the department in writing at least seven days prior to the scheduled examination date, the applicant will be rescheduled at no additional charge. A written request received less than seven days before the test shall be reviewed by the department to determine if the test may be rescheduled or the fee forfeited.

(4) If an applicant takes the examination and fails to obtain a satisfactory grade, he or she may be scheduled to retake the examination by submitting an application and paying the statutory examination fee.

(5) Applications and fees for examination and all documents required in support of the application must be submitted to the division of professional licensing, department of health, at least sixty days prior to the scheduled examination. Failure to meet the deadline will result in the applicant not being scheduled until the next scheduled examination.

(6) Apprenticeship training shall be completed prior to the application deadline.

[Statutory Authority: RCW 18.55.095. 93-10-008 (Order 355), 246-849-220, filed 4/22/93, effective 5/23/93.]

AMENDATORY SECTION (Amending Order 355, filed 4/22/93, effective 5/23/93)

WAC 246-849-260 ((Active retired license.)) Retired active credential. (((1) A person holding a current Washington state ocularist license who wishes to practice only in emergency or intermittent circumstances may apply for a retired active license if that person:

(a) Resides in another state and practices no more than sixty days each year in Washington state;

(b) Resides in this state but practices no more than sixty days each year;

(c) Does not wish to practice on an intermittent basis but is available to practice for an extended period of time for the purposes of providing his or her professional services in emergency circumstances such as times of declared war or other states of emergency.

(2) An individual requesting a retired active license status shall submit a letter notifying the department of his or her intent to practice only on an intermittent or emergency basis. Active retired licenses will not be retroactively issued for prior years.

(3) An active retired license is subject to annual renewal and penalty for late renewal as established in RCW 18.55.050 and WAC 246-849-980. Subsequent to being issued a retired active license, the licensee shall report, with the annual renewal, the dates and circumstances under which the licensee practiced during the previous year.

(4) To reinstate the license to an active license status the licensee shall notify the department in writing five days in advance of the change and pay a reinstatement fee as specified in WAC 246-849-990.

(5) Individuals on a retired active license status are subject to chapter 18.130 RCW to the same extent as individuals holding an active license.)) A practitioner may obtain a retired active credential. Refer to the requirements of chapter 246-12 WAC, Part 5.

[Statutory Authority: RCW 18.55.095. 93-10-008 (Order 355), 246-849-260, filed 4/22/93, effective 5/23/93.]

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-849-990 Ocularist fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application and examination $250.00

Renewal 500.00

Late renewal penalty 175.00

Expired license reissuance 250.00

Duplicate license 25.00

Certification of license 25.00

Apprentice registration 25.00

Apprentice renewal 25.00

Temporary practice permit 25.00

((Active)) Retired active license 100.00

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-849-990, filed 6/24/93, effective 7/25/93; 92-02-018 (Order 224), 246-849-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-849-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), 308-55-025, filed 8/27/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-55-025, filed 8/10/83. Formerly WAC 308-55-010.]

NEW SECTION

WAC 246-849-995 Conversion to a birthday renewal cycle. (1) The annual license renewal date is changed to coincide with the practitioner's birthday.

(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.

(3) After the initial conversion to a staggered system, practitioners will annually renew their license on their birthday at the current renewal rate.

[]

AMENDATORY SECTION (Amending WSR 97-12-088, filed 6/4/97, effective 7/5/97)

WAC 246-851-090 Continuing education requirement. (1) ((All optometrists licensed in Washington shall complete fifty hours of continuing education every two-years beginning at the first license renewal following initial licensure, except:)) Licensed optometrists must complete fifty hours of continuing education every two years as required in chapter 246-12 WAC, Part 7.

(2) In lieu of this requirement, licensees practicing solely outside of Washington may meet the continuing education requirements of the state or territory in which they practice.

(((2) Every two years, as part of the license renewal process, a licensee must certify that he or she have met the continuing education requirements and have documentation that will be furnished upon request.

(3) Licensees must maintain documentation of continuing education activities.

(4) When requested by the board, a licensee must submit documentation of completion of continuing education activities.))

[Statutory Authority: RCW 18.54.070(2). 97-12-088, 246-851-090, filed 6/4/97, effective 7/5/97. Statutory Authority: RCW 18.54.070. 92-06-030 (Order 248B), 246-851-090, filed 2/26/92, effective 3/28/92; 91-06-025 (Order 119B), recodified as 246-851-090, filed 2/26/91, effective 3/29/91; 88-07-047 (Order PM 710), 308-53-100, filed 3/11/88. Statutory Authority: RCW 18.54.070(5). 80-01-088 (Order PL 326), 308-53-100, filed 12/28/79; Order PL 239, 308-53-100, filed 3/3/76.]

AMENDATORY SECTION (Amending Order 210B, filed 11/1/91, effective 12/2/91 WAC 246-851-430 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Effective July 1, 1989 persons who submit an application for licensure shall submit, prior to being granted a license and in addition to the other requirements, evidence to show compliance with the educational requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The board will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of four clock hours regarding the prevention, transmission and treatment of AIDS, and may include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. The requirements for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The licensee or applicant for licensure shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.54.070 and 70.24.270. 91-22-061 (Order 210B), 246-851-430, filed 11/1/91, effective 12/2/91. Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified as 246-851-430, filed 2/26/91, effective 3/29/91. Statutory Authority: 1988 c 206 604. 89-09-027 (Order 833), 308-53-400, filed 4/13/89.]

AMENDATORY SECTION (Amending WSR 96-20-088, filed 10/1/96, effective 11/1/96)

WAC 246-851-990 Optometry fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application((--Nonrefundable)) $250.00

Out-of-state seminar 100.00

License renewal 160.00

Late renewal 45.00

Expired license reissuance 80.00

Duplicate license 15.00

Certification of license 25.00

[Statutory Authority: RCW 43.70.250. 96-20-088, 246-851-990, filed 10/1/96, effective 11/1/96; 95-14-111, 246-851-990, filed 6/30/95, effective 7/31/95; 92-23-006 (Order 311), 246-851-990, filed 11/5/92, effective 12/6/92; 92-06-029 (Order 246), 246-851-990, filed 2/26/92, effective 3/28/92. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-851-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-06-028 (Order 137), recodified as 246-851-990, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-53-020, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-53-020, filed 8/10/83. Formerly WAC 308-53-310.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-851-020 Renewal of licenses.

WAC 246-851-100 Credit hour defined.

WAC 246-851-220 Surplus credit hours

WAC 246-851-240 Discretionary exception for emergency situation.

WAC 246-851-510 Reinstatement of lapsed license.

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

WAC 246-853-045 Inactive ((license and reactivation)) credential. ((A licensee may request his or her license be placed on inactive status. An inactive license does not authorize the licensee to practice in Washington.

A license shall be maintained on the inactive status by payment of the inactive renewal fee annually and verification of compliance with the continuing education requirements established by the board.

An inactive license may be reactivated by payment of fees determined by the secretary of health as provided in RCW 43.70.250. The licensee must provide verification that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the licensee's practice of osteopathic medicine and surgery and that he or she has not voluntarily given up any license or privilege or been restricted in the practice of osteopathic medicine and surgery in lieu of or to avoid formal action.)) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 18.57.005 and chapter 18.57 RCW. 92-20-001 (Order 303B), 246-853-045, filed 9/23/92, effective 10/24/92.]

AMENDATORY SECTION (Amending Order 100B, filed 12/3/90, effective 1/31/91 WAC 246-853-060 Continuing professional education required. (((1) The board requires one hundred fifty credit hours of continuing professional education every three years.

(2) In case licensees fail to meet the requirements because of illness, retirement (with no further provision of osteopathic medical services to consumers), or other extenuating circumstances, each case will be considered by the board on an individual basis. When circumstances justify it, the board may grant an extension of time or a change in requirements. In the case of a permanent retirement or illness, the board may grant indefinite waiver of continuing education as a requirement for relicensure, provided an affidavit is received indicating that the osteopathic physician and surgeon is not providing osteopathic medical service to consumers. If such permanent retirement or illness status is changed or osteopathic medical services are resumed, it is incumbent upon the licensee to immediately notify the board and show proof of practice competency as determined necessary by the board.))

[Statutory Authority: RCW 18.57.005. 90-24-055 (Order 100B), recodified as 246-853-060, filed 12/3/90, effective 1/31/91. Statutory Authority: RCW 18.57.005, 18.57A.020 and 18.57A.070. 84-05-011 (Order PL 457), 308-138-200, filed 2/7/84. Statutory Authority: 1979 c 117 3(4). 79-12-066 (Order 324), 308-138-200, filed 11/29/79.]

AMENDATORY SECTION (Amending Order 100B, filed 12/3/90, effective 1/31/91 WAC 246-853-080 ((Certification of compliance.)) Continuing education. (1) ((In conjunction with the application for renewal of licensure, a licensee shall submit an affidavit of compliance with the one hundred fifty hour continuing professional education requirement on a form supplied by the board.

(2) The board reserves the right to require a licensee to submit evidence in addition to the affidavit to demonstrate compliance with the one hundred fifty hour continuing professional education requirement. Accordingly, it is the responsibility of a licensee to maintain evidence of such compliance.

(3))) Licensed osteopathic physicians and surgeons must complete one hundred fifty hours of continuing education every three years as required in chapter 246-12 WAC, Part 7.

(2) Certification of compliance with the requirement for continuing medical education of the American Osteopathic Association, or receipt of the AMA physicians recognitions award or a current certification of continuing medical education from medical practice academies shall be deemed sufficient to satisfy the requirements of these regulations.

(((4))) (3) Original certification or recertification within the previous six years by a specialty board will be considered as evidence of equivalent compliance with these continuing professional education requirements.

[Statutory Authority: RCW 18.57.005. 90-24-055 (Order 100B), recodified as 246-853-080, filed 12/3/90, effective 1/31/91. Statutory Authority: 1979 c 117 3(4). 79-12-066 (Order 324), 308-138-220, filed 11/29/79.]

AMENDATORY SECTION (Amending Order 199B, filed 9/30/91, effective 10/31/91)

WAC 246-853-210 Expired license ((reinstatement after lapse of licensure for failure to renew)). (((1) An active license that has been expired for less than one year may be brought current by payment of the renewal and penalty fees and completion of the continuing education, if due.

(2) Any osteopathic physician and surgeon whose license has been expired for one year or more must pay the current fee for original application and apply for reinstatement on an application form provided by the board. The application will include an explanation for the license lapse and a chronology of the applicant's activities since first licensed. A statement outlining the continuing education acquired in the three years immediately preceding the request for reinstatement must be submitted for the board's review and approval.

(3) All applications for reinstatement will be reviewed and must be approved by the board. The board may require reexamination or a physical and/or mental evaluation of an applicant to confirm fitness for practice.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner:

(a) May be required to be reexamined as provided in RCW 18.57.080;

(b) Must meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.57.005. 91-20-120 (Order 199B), 246-853-210, filed 9/30/91, effective 10/31/91; 90-24-055 (Order 100B), recodified as 246-853-210, filed 12/3/90, effective 1/31/91. Statutory Authority: RCW 18.57.005 and 18.130.070. 87-11-062 (Order PM 651), 308-138-330, filed 5/20/87. Statutory Authority: RCW 18.57.005 and 18.57A.020. 82-17-005 (Order PL 402), 308-138-330, filed 8/5/82.]

AMENDATORY SECTION (Amending Order 199B, filed 9/30/91, effective 10/31/91)

WAC 246-853-230 AIDS education and training. (((1) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(2) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(3) Acceptable education and training. The department will accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(4) Implementation. Effective January 1, 1989, the requirement for licensure application, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (3) of this section.

(5) Documentation. The license holder shall:

(a) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987, and before the renewal date or December 31, 1989, whichever date is earlier;

(b) Keep records for two years documenting attendance and description of the learning; and

(c) Be prepared to validate, through submission of these records, that learning has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.57.005. 91-20-120 (Order 199B), 246-853-230, filed 9/30/91, effective 10/31/91; 90-24-055 (Order 100B), recodified as 246-853-230, filed 12/3/90, effective 1/31/91. Statutory Authority: 1988 c 206 604. 88-23-124 (Order PM 801), 308-138-350, filed 11/23/88.]

AMENDATORY SECTION (Amending WSR 94-22-055, filed 11/1/94, effective 1/1/95)

WAC 246-853-990 Osteopathic fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except postgraduate training limited licenses.

(2) Postgraduate training limited licenses must be renewed every year to correspond to program dates.

(3) The following nonrefundable fees will be charged for osteopath:

Title of Fee Fee

((Osteopath:))

Renewal $360.00

Certification of license 25.00

(4) The following nonrefundable fees will be charged for osteopathic physician:

Endorsement application 500.00

License renewal 360.00

Inactive license renewal 250.00

Late renewal penalty 50.00

Expired license reissuance 180.00

Inactive license reinstatement 360.00

Expired inactive license reissuance 125.00

Endorsement/state exam application 500.00

Reexam 100.00

Certification of license 25.00

Limited license application 250.00

Limited license renewal 205.00

Temporary permit application 50.00

((Impaired program)) Substance abuse

monitoring surcharge 15.00

(5) The following nonrefundable fees will be charged for osteopathic physician assistant:

Application 150.00

Renewal 50.00

Expired license reissuance 50.00

Certification of license 25.00

Practice plan 50.00

((Impaired program)) Substance abuse

monitoring surcharge 15.00

[Statutory Authority: RCW 43.70.250 and chapters 18.57, 18.57A, 18.22 and 18.59 RCW. 94-22-055, 246-853-990, filed 11/1/94, effective 1/1/95. Statutory Authority: RCW 43.70.250. 92-14-054 (Order 281), 246-853-990, filed 6/25/92, effective 7/26/92; 91-21-034 (Order 200), 246-853-990, filed 10/10/91, effective 11/10/91; 91-13-002 (Order 173), 246-853-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-853-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-138-080, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-138-080, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-138-080, filed 8/10/83. Formerly WAC 308-138-060.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-853-040 Renewal of licenses.

WAC 246-853-240 Application for registration.

WAC 246-853-270 Renewal expiration date.

WAC 246-853-275 Change of mailing address and notice of official documents.

AMENDATORY SECTION (Amending WSR 93-24-028, filed 11/22/93, effective 12/23/93)

WAC 246-854-050 AIDS education and training. (((1) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(2) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(3) Acceptable education and training. The department will accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(4) Implementation. Effective January 1, 1989, the requirement for license application, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (3) of this section.

(5) Documentation. The license holder shall:

(a) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987, and before the renewal date or December 31, 1989, whichever date is earlier;

(b) Keep records for two years documenting attendance and description of the learning; and

(c) Be prepared to validate, through submission of these records, that learning has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.57.005. 93-24-028, 246-854-050, filed 11/22/93, effective 12/23/93; 91-20-120 (Order 199B), 246-854-050, filed 9/30/91, effective 10/31/91; 90-24-055 (Order 100B), recodified as 246-854-050, filed 12/3/90, effective 1/31/91. Statutory Authority: 1988 c 206 604. 88-23-124 (Order PM 801), 308-138A-040, filed 11/23/88.]

AMENDATORY SECTION (Amending WSR 94-15-068, filed 7/19/94, effective 8/19/94)

WAC 246-854-080 Osteopathic physician assistant licensure. (((1) Applications. All applications shall be made to the board on forms supplied by the board.

(2))) The application shall detail the education, training, and experience of the osteopathic physician assistant and provide such other information as may be required. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250. Each applicant shall furnish proof satisfactory to the board of the following:

(((a))) (1) That the applicant has completed an accredited physician assistant program approved by the board and is eligible to take the National Commission on Certification of Physician Assistants examination;

(((b))) (2) That the applicant has not committed unprofessional conduct as defined in RCW 18.130.180; and

(((c))) (3) That the applicant is physically and mentally capable of practicing as an osteopathic physician assistant with reasonable skill and safety.

(((3) The license shall be renewed on a periodic basis as determined by the secretary of the department of health under RCW 43.70.280. The renewal shall include a completed renewal application and payment of a fee, in addition to any late penalty fee, determined by the secretary as provided in RCW 43.70.250.

(4) Effective with the July 1, 1995, renewal period, the annual license renewal date for osteopathic physician assistants will be changed to coincide with the licensee's birthdate. Conversion will be accomplished as follows:

(a) Current licensees, as of June 30, 1995, desiring to renew their license will be required to pay the renewal fee plus one-twelfth of that amount for each month, or fraction thereof, in order to extend their license renewal to expire on their next birth anniversary date following June 30, 1996.

(b) On or after July 1, 1995, all new or initial osteopathic physician assistant licenses issued will expire on the applicant's next anniversary date.

(5) After this conversion to a staggered renewal system, licensees may annually renew their license from birth anniversary date to the next birth anniversary date.))

[Statutory Authority: RCW 18.57.005 and 18.130.050. 94-15-068, 246-854-080, filed 7/19/94, effective 8/19/94. Statutory Authority: RCW 18.57.005. 93-24-028, 246-854-080, filed 11/22/93, effective 12/23/93; 90-24-055 (Order 100B), recodified as 246-854-080, filed 12/3/90, effective 1/31/91. Statutory Authority: RCW 18.57.005(2). 89-22-065 (Order PM 863), 308-138A-070, filed 10/31/89, effective 12/1/89.]

AMENDATORY SECTION (Amending WSR 93-24-028, filed 11/22/93, effective 12/23/93)

WAC 246-854-110 Osteopathic physician assistant continuing education required. (1) ((The board requires fifty credit hours of continuing education every year.

(a) In conjunction with the application for renewal of licensure, a licensee shall submit an affidavit of compliance with the fifty hour continuing education requirement on a form supplied by the board. The continuing education requirement shall be completed prior to issuance of the renewal license.

(b) The board reserves the right to require a licensee to submit evidence, in addition to the affidavit, to demonstrate compliance with the fifty hour continuing education requirement. Accordingly, it is the responsibility of a licensee to maintain evidence of such compliance.

(c))) Licensed osteopathic physician assistants must complete fifty hours of continuing education annually as required in chapter 246-12 WAC, Part 7.

(2) Certification of compliance with the requirement for continuing education of the American Osteopathic Association, Washington State Osteopathic Association, National Commission on Certification of Physician Assistants, Washington Academy of Physician Assistants, American Academy of Physician's Assistants, and the American Medical Association, or a recognition award or a current certification of continuing education from medical practice academies shall be deemed sufficient to satisfy the requirements of these regulations.

(((2) In case licensees fail to meet the requirements because of illness, retirement (with no further provision of osteopathic medical services to consumers), or other extenuating circumstances, each case will be considered by the board on an individual basis. When circumstances justify it, the board may grant an extension of time or a change in requirements.))

(3) In the case of a permanent retirement or illness, the board may grant indefinite waiver of continuing education as a requirement for licensure, provided an affidavit is received indicating that the osteopathic physician assistant is not providing osteopathic medical services to consumers. If such permanent retirement or illness status is changed or osteopathic medical services are resumed, it is incumbent upon the licensee to immediately notify the board and show proof of practice competency as determined necessary by the board.

(((3))) (4) Prior approval not required.

(a) The Washington state board of osteopathic medicine and surgery does not approve credits for continuing education. The board will accept any continuing education that reasonably falls within these regulations and relies upon each individual osteopathic physician assistant's integrity in complying with this requirement.

(b) Continuing education program sponsors need not apply for nor expect to receive prior board approval for continuing education programs. The continuing education category will depend solely upon the determination of the accrediting organization or institution. The number of creditable hours may be determined by counting the contact hours of instruction and rounding to the nearest quarter hour.

[Statutory Authority: RCW 18.57.005. 93-24-028, 246-854-110, filed 11/22/93, effective 12/23/93.]

AMENDATORY SECTION (Amending Order 199B, filed 9/30/91, effective 10/31/91)

WAC 246-855-100 AIDS education and training. (((1) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(2) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(3) Acceptable education and training. The department will accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(4) Implementation. Effective January 1, 1989, the requirement for registration application, renewal, or reinstatement of any registration on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (3) of this section.

(5) Documentation. The registration holder shall:

(a) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987, and before the renewal date or December 31, 1989, whichever date is earlier;

(b) Keep records for two years documenting attendance and description of the learning; and

(c) Be prepared to validate, through submission of these records, that learning has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.57.005. 91-20-120 (Order 199B), 246-855-100, filed 9/30/91, effective 10/31/91; 90-24-055 (Order 100B), recodified as 246-855-100, filed 12/3/90, effective 1/31/91. Statutory Authority: 1988 c 206 604. 88-23-124 (Order PM 801), 308-138B-180, filed 11/23/88.]

AMENDATORY SECTION (Amending WSR 95-08-019, filed 3/27/95, effective 4/27/95)

WAC 246-861-010 Definitions. (1) "Accredited programs/courses" means continuing education sponsored by providers which are approved by the American Council on Pharmaceutical Education (ACPE).

(2) "Board approved programs/courses" means continuing education which has been reviewed and approved by the board office.

(3) "Approved provider" means any person, corporation, or association approved either by the board or ACPE to conduct continuing professional education programs.

(4) "Continuing education" means accredited or approved post-licensure professional pharmaceutical education designed to maintain and improve competence in the practice of pharmacy, pharmacy skills, and preserve pharmaceutical standards for the purpose of protecting the public health, safety, and welfare.

(((5) "Continuing education unit (CEU)" means one CEU is equivalent to ten contact hours of participation in accredited or board approved continuing education programs/courses.))

[Statutory Authority: RCW 18.64.005. 95-08-019, 246-861-010, filed 3/27/95, effective 4/27/95; 92-03-029 (Order 234B), 246-861-010, filed 1/8/92, effective 2/8/92.]

AMENDATORY SECTION (Amending WSR 95-08-019, filed 3/27/95, effective 4/27/95)

WAC 246-861-020 Renewal requirements. (1) ((No renewal certificate of licensure shall be issued by the board of pharmacy until the applicant submits satisfactory proof to the board that during the twelve months preceding his or her application for renewal he or she has participated in courses of continuing professional pharmaceutical education of the types and number of continuing education credits specified by the board. Such continuing education is hereby declared to be a mandatory requirement for license renewal, except that pharmacists applying for the first annual renewal of their license following graduation shall be exempt from the provisions of this regulation.

(2) Continuing education requirements must be submitted along with the license application and fee. If the continuing education requirements are not complete the license renewal application will be returned with an explanatory note. The license renewal will not be processed until complete.

(3) A pharmacist shall be required to retain all original certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least two years. Upon request, such documentation shall be made available to the board for random audit and verification purposes. Since individual pharmacist audits will usually be retrospective, it is recognized that disallowed credit may work hardship on the pharmacist involved. In cases where a pharmacist is audited and some or all credit is disallowed, the continuing education requirement for the following year will be increased by the amount of hours disallowed. A pharmacist who is audited and has credit disallowed will be required to submit verification of continuing education for the next two consecutive years by including continuing education certificates with the license renewal application.

(4) Failure to satisfy the continuing education requirement as a result of disallowed credit in two consecutive years or falsification of continuing education evidence and/or documentation will be considered in violation of these rules and will be sufficient cause for imposition of disciplinary action by the board.

(5))) A pharmacist who desires to reinstate his or her pharmacist license after having been unlicensed for over one year shall, as a condition for reinstatement, submit proof of fifteen hours of continuing education for each year unlicensed or complete such continuing education credits as may be specified by the board in each individual case.

(((6))) (2) The board of pharmacy may accept comparable continuing education units which have been approved by other boards of pharmacy.

[Statutory Authority: RCW 18.64.005. 95-08-019, 246-861-020, filed 3/27/95, effective 4/27/95; 92-03-029 (Order 234B), 246-861-020, filed 1/8/92, effective 2/8/92. Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-861-020, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.005(12). 80-08-036 (Order 156, Resolution No. 6/80), 360-11-010, filed 6/26/80. Statutory Authority: RCW 69.50.201. 79-04-048 (Order 147, Resolution No. 3-79), 360-11-010, filed 3/27/79; Order 116, 360-11-010, filed 11/9/73.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-861-120 Waiver of the continuing education requirement.

AMENDATORY SECTION (Amending WSR 94-08-099, filed 4/6/94, effective 5/7/94)

WAC 246-863-030 Applicants--Reciprocity applicants. (1) Applicants for license by reciprocity whose applications have been approved shall be required to take and pass the jurisprudence examination given by the board prior to being issued his or her license. The jurisprudence examination shall be offered at least once in every two months. If the licensing process has not been completed within two years of the date of application, the application shall be considered abandoned.

((Refund of the state application fee shall not be made for any request not received within one year or for those applicants who have attempted the jurisprudence examination and have failed to achieve a passing score.))

(2) An applicant for license by reciprocity who has been out of the active practice of pharmacy for between three and five years must take and pass the jurisprudence examination and additionally must either serve an internship of 300 hours or take and pass such additional practical examinations as may be specified by the board in each individual case.

(3) An applicant for license by reciprocity who has been out of the active practice of pharmacy for over five years must take and pass the full board examination and serve an internship of 300 hours.

[Statutory Authority: RCW 18.64.005. 94-08-099, 246-863-030, filed 4/6/94, effective 5/7/94. Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-863-030, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.005. 87-18-066 (Order 207), 360-12-050, filed 9/2/87. Statutory Authority: RCW 69.50.201. 79-04-048 (Order 147, Resolution No. 3-79), 360-12-050, filed 3/27/79; Order 121, 360-12-050, filed 8/8/74; Regulation 4, filed 3/23/60.]

AMENDATORY SECTION (Amending Order 277B, filed 5/28/92, effective 6/28/92 WAC 246-863-070 Inactive ((pharmacist license)) credential. ((Any pharmacist who desires to leave the active practice of pharmacy in the state of Washington may request an inactive license from the board. The request for an inactive license shall be submitted on a form provided by the department. It must be renewed in the same manner as an active license upon payment of a fee as specified by the secretary.

The holder of an inactive license shall not practice pharmacy in the state of Washington. The holder of an inactive license need not comply with the continuing education requirements contained in chapter 246-861 WAC.

In order to reactivate an inactive license, the holder of the inactive license shall comply with the provisions of WAC 246-863-090.)) (1) A pharmacist may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

(2) Practitioners with an inactive credential for three years or less who wish to return to active status must meet the requirements of chapter 246-12 WAC, Part 4.

(3) Practitioners with an inactive credential for more than three years, who have been in active practice in another United States jurisdiction, and wish to return to active status must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Take and pass the jurisprudence examination given by the department;

(c) Meet the requirements of chapter 246-12 WAC, Part 4.

(4) Practitioners with an inactive credential for between three and five years, who have not been in active practice in another United States jurisdiction, and wish to return to active status must:

(a) Take and pass the jurisprudence examination given by the department;

(b) Either serve an internship of 300 hours or take and pass such further written practical examinations as specified by the board in each individual case;

(c) Meet the requirements of chapter 246-12 WAC, Part 4.

(5) Practitioners with an inactive credential for over five years, who have not been in active practice in another United States jurisdiction, and wish to return to active status must:

(a) Take and pass the full board examination;

(b) Serve an internship of 300 hours;

(c) Meet the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 18.64.005. 92-12-035 (Order 277B), 246-863-070, filed 5/28/92, effective 6/28/92. Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-863-070, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.140. 85-06-010 (Order 193), 360-12-125, filed 2/22/85.]

AMENDATORY SECTION (Amending Order 277B, filed 5/28/92, effective 6/28/92 WAC 246-863-080 Retired pharmacist license. (1) Any pharmacist who has been licensed in the state for twenty-five consecutive years, who wishes to retire from the practice of pharmacy, may apply for a retired pharmacist license by submitting to the board:

(a) An application on a form provided by the department; and

(b) A fee as specified in WAC 246-907-030.

(2) The holder of a retired pharmacist license shall not be authorized to practice pharmacy and need not comply with the continuing education requirements of chapter 246-861 WAC.

(3) A retired pharmacist license shall be granted to any qualified applicant and shall entitle such person to receive mailings from the board of pharmacy: Provided, That lawbook updates shall not be mailed without charge.

(4) In order to reactivate a retired pharmacist license, the holder must comply with the provision of WAC 246-863-090 and chapter 246-12 WAC, Part 2.

(5) The annual renewal fee for a retired pharmacist license is set by the secretary in WAC 246-907-030.

[Statutory Authority: RCW 18.64.005. 92-12-035 (Order 277B), 246-863-080, filed 5/28/92, effective 6/28/92. Statutory Authority: RCW 43.70.040. 91-19-028 (Order 194), recodified as 246-863-080, filed 9/10/91, effective 10/11/91. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 360-12-128, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 18.64.005(11). 86-24-057 (Order 203), 360-12-128, filed 12/2/86.]

AMENDATORY SECTION (Amending Order 277B, filed 5/28/92, effective 6/28/92 WAC 246-863-090 ((Pharmacists--Reinstatement or reactivation of)) Expired license. (((1) A pharmacist who desires to reinstate or reactivate his or her license after having been out of the active practice of pharmacy shall meet the following requirements, as applicable, in addition to paying the fee required by RCW 18.64.140.

(a) If the pharmacist has been unlicensed or the holder of an inactive license for three years or less, the pharmacist shall take and pass the jurisprudence examination given by the department.

(b) If the pharmacist has been unlicensed or the holder of an inactive license for between three and five years, the pharmacist shall take and pass the jurisprudence examination given by the department and either serve an internship of 300 hours or take and pass such further written practical examinations as are specified by the board in each individual case.

(c) If the pharmacist has been unlicensed or the holder of an inactive license for over five years, the pharmacist shall take and pass the full board examination and serve an internship of 300 hours.

(2) A pharmacist desiring to reinstate or reactivate his or her license shall complete such continuing education credits as the board may specify in each individual case.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for more than three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Take and pass the jurisprudence examination given by the department;

(c) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for between three and five years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:

(a) Take and pass the jurisprudence examination given by the department;

(b) Either serve an internship of 300 hours or take and pass such further written practical examinations as specified by the board in each individual case;

(c) Meet the requirements of chapter 246-12 WAC, Part 2.

(4) If the license has expired for over five years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:

(a) Take and pass the full board examination;

(b) Serve an internship of 300 hours;

(c) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.64.005. 92-12-035 (Order 277B), 246-863-090, filed 5/28/92, effective 6/28/92. Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-863-090, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.140. 85-06-010 (Order 193), 360-12-130, filed 2/22/85. Statutory Authority: RCW 69.50.201. 79-04-048 (Order 147, Resolution No. 3-79), 360-12-130, filed 3/27/79; Regulation 2, filed 3/23/60.]

AMENDATORY SECTION (Amending Order 191B, filed 8/30/91, effective 9/30/91 WAC 246-863-120 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of human immunodeficiency virus-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Effective January 1, 1989, persons applying for licensure shall submit, in addition to the other requirements, evidence to show compliance with the AIDS education requirements of subsection (4) of this section, or shall certify that they will comply with the AIDS education requirement no later than December 31, 1989.

(3) 1989 renewal of licenses. Effective with the renewal period beginning February 1, 1989, all persons making application for licensure renewal in 1989 shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (4) of this section. Pharmacists may submit compliance documentation with their renewal or at any time prior to December 31, 1989. Approved AIDS education may be counted towards a pharmacist's continuing education requirement.

(4) AIDS education and training.

(a) Acceptable education and training. The board will accept education and training that covers the required subjects and otherwise qualifies for continuing education credit. Such education and training shall be a minimum of seven clock hours (.7 CE units) and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal economic and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective February 1, 1989, the requirement for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include the one-time requirement of completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The licensee shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clocks hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-863-120, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.005. 88-23-058 (Order 221), 360-12-160, filed 11/15/88.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-863-050 Licensed pharmacists change of address.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-869-050 Pharmacy license renewal.

AMENDATORY SECTION (Amending Order 289B, filed 7/14/92, effective 8/14/92 WAC 246-879-070 Application for full line wholesaler license and over-the-counter only wholesaler license. (1) All applications for licensure of a new or relocated wholesaler shall be accompanied by the required fee as set forth in chapter 246-907 WAC.

(2) All license renewal applications shall be accompanied by the annual fee and contain the same information required in subsection (((5))) (6) of this section.

(3) A change of ownership or location requires a new license.

(4) The license is issued to a person or firm and is nontransferable. Additions or deletions of a partner/partners shall be considered as a change of ownership.

(5) The license fee cannot be prorated.

(6) Every wholesale distributor, wherever located, who engages in wholesale distribution into, out of, or within this state must be licensed by the board in accordance with the laws and regulations of this state before engaging in wholesale distribution of prescription drugs.

(a) Minimum required information for licensure. The board requires the following from each wholesale drug distributor as part of the initial licensing procedure and as part of any renewal of such license.

(i) The name, full business address, and telephone number of the licensee;

(ii) All trade or business names used by the licensee;

(iii) Addresses, telephone numbers, and the names of contact persons for the facility used by the licensee for the storage, handling, and distribution of prescription drugs;

(iv) The type of ownership or operation (i.e., partnership, corporation, or sole proprietorship); and

(v) The name(s) of the owner and/or operator of the licensee, including:

(A) If a person, the name of the person;

(B) If a partnership, the name of each partner, and the name of the partnership;

(C) If a corporation, the name and title of each corporate officer and director, the corporate names, and the name of the state of incorporation, and the name of the parent company, if any;

(D) If a sole proprietorship, the full name of the sole proprietor and the name of the business entity.

(vi) When operations are conducted at more than one location by a single wholesale distributor, each such location shall be licensed by the board.

(vii) Change in any information required by this section shall be submitted to the board within thirty days after such change.

(b) Minimum qualifications. The board shall consider, at a minimum, the following factors in reviewing the qualifications of persons who engage in wholesale distribution of prescription drugs within the state:

(i) Any convictions of the applicant under any federal, state, or local laws relating to drug samples, wholesale, or retail drug distribution, or distribution of controlled substances;

(ii) Any felony convictions of the applicant under federal, state, or local laws;

(iii) The applicant's past experience in the manufacture or distribution of prescription drugs, including controlled substances;

(iv) Any false or fraudulent material furnished by the applicant in any application made in connection with drug manufacturing or distribution;

(v) Suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;

(vi) Compliance with licensing requirements under previously granted licenses, if any;

(vii) Compliance with requirements to maintain and/or make available to the board, federal, state, or local enforcement officials those records required to be maintained by wholesale drug distributors; and

(viii) Any other factors or qualifications the board considers relevant to and consistent with public health and safety.

(c) The board shall have the right to deny a license to an applicant if it determines that the granting of such a license would not be in the public interest. Public interest considerations shall be based on factors and qualifications that are directly related to the protection of the public health and safety.

(d) Personnel. As a condition for receiving and retaining a wholesale drug distributor license, the licensee shall require each person employed in any prescription drug wholesale distribution activity to have education, training, and experience, or any combination thereof, sufficient for that person to perform the assigned functions in such a manner as to provide assurance that the drug product quality, safety and security will at all times be maintained as required by law.

[Statutory Authority: RCW 18.64.005. 92-15-069 (Order 289B), 246-879-070, filed 7/14/92, effective 8/14/92. Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-879-070, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.005(11) and 69.41.075. 82-06-042 (Order 165), 360-21-070, filed 3/2/82.]

AMENDATORY SECTION (Amending Order 239B, filed 1/28/92, effective 2/29/92 WAC 246-887-020 Uniform Controlled Substances Act. (1) Consistent with the concept of uniformity where possible with the federal regulations for controlled substances (21 CFR), the federal regulations are specifically made applicable to registrants in this state by virtue of RCW 69.50.306. Although those regulations are automatically applicable to registrants in this state, the board is nevertheless adopting as its own regulations the existing regulations of the federal government published in the Code of Federal Regulations revised as of April 1, 1991, and all references made therein to the director or the secretary shall have reference to the board of pharmacy, and the following sections are not applicable: Section 1301.11-.13, section 1301.31, section 1301.43-.57, section 1303, section 1308.41-.48, and section 1316.31-.67. The following specific rules shall take precedence over the federal rules adopted herein by reference, and therefore any inconsistencies shall be resolved in favor of the following specific rules.

(2) ((Registrations under chapter 69.50 RCW shall be for an annual period with the registration period ending on a date to coincide with those license renewal dates as found in rules promulgated under chapter 18.64 RCW.

(3))) A separate registration is required for each place of business (as defined in section 1301.23) where controlled substances are manufactured, distributed or dispensed. Application for registration must be made on forms supplied by the pharmacy board, and all information called for thereon must be supplied unless the information is not applicable, in which case it must be indicated. An applicant for registration must hold the appropriate wholesaler, manufacturer or pharmacy license provided for in chapter 18.64 RCW.

(((4))) (3) Every registrant shall be required to keep inventory records required by section 1304.04 (of the federal rules which have been adopted by reference by Rule 1) and must maintain said inventory records for a period of two years from the date of inventory. Such registrants are further required to keep a record of receipt and distribution of controlled substances. Such record shall include:

(a) Invoices, orders, receipts, etc. showing the date, supplier and quantity of drug received, and the name of the drug;

(b) Distribution records; i.e., invoices, etc. from wholesalers and manufacturers and prescriptions records for dispensers;

(c) In the event of a loss by theft or destruction, two copies of DEA 106 (report of theft or loss of controlled substances) must be transmitted to the federal authorities and a copy must be sent to the board;

(d) For transfers of controlled substances from one dispenser to another, a record of the transfer must be made at the time of transfer indicating the drug, quantity, date of transfer, who it was transferred to and from whom. Said record must be retained by both the transferee and the transferor. These transfers can only be made in emergencies pursuant to section 1307.11 (federal rules).

(((5))) (4) The records must be maintained separately for Schedule II drugs. The records for Schedule III, IV and V drugs may be maintained either separately or in a form that is readily retrievable from the business records of the registrant. Prescription records will be deemed readily retrievable if the prescription has been stamped in red ink in the lower right hand corner with the letter "C" no less than one inch high, and said prescriptions are filed in a consecutively numbered prescription file which includes prescription and noncontrolled substances.

(((6))) (5) A federal order form is required for each distribution of a Schedule I or II controlled substance, and said forms along with other records required to be kept must be made readily available to authorized employees of the board.

(((7))) (6) Schedule II drugs require that a dispenser have a signed prescription in his possession prior to dispensing said drugs. An exception is permitted in an "emergency." An emergency exists when the immediate administration of the drug is necessary for proper treatment and no alternative treatment is available, and further, it is not possible for the physician to provide a written prescription for the drug at that time. If a Schedule II drug is dispensed in an emergency, the practitioner must deliver a signed prescription to the dispenser within 72 hours, and further he must note on the prescription that it was filled on an emergency basis.

[Statutory Authority: RCW 18.64.005. 92-04-029 (Order 239B), 246-887-020, filed 1/28/92, effective 2/29/92. Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-887-020, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 69.50.201. 89-17-023 (Order 226), 360-36-010, filed 8/8/89, effective 9/8/89. Statutory Authority: RCW 69.50.301. 87-10-029 (Order 206), 360-36-010, filed 5/1/87. Statutory Authority: RCW 18.64.005(4). 85-06-010 (Order 193), 360-36-010, filed 2/22/85. Statutory Authority: RCW 69.50.301. 80-05-074 (Order 154, Resolution No. 4/80), 360-36-010, filed 4/28/80; 79-10-007 (Order 151, Resolution No. 9/79), 360-36-010, filed 9/6/79. Statutory Authority: RCW 69.50.301 and chapter 69.50 RCW. 78-02-070 (Order 140), 360-36-010, filed 1/25/78; Order 132, 360-36-010, filed 5/4/77; Order 108, 360-36-010, filed 10/26/71.]

AMENDATORY SECTION (Amending Order 387B, filed 8/17/93, effective 9/17/93 WAC 246-901-065 ((Reinstatement or reactivation of certificate.)) Expired license. ((A pharmacy assistant who desires to reinstate or reactivate his or her certificate shall meet the following requirements, as applicable, in addition to paying the fee required in WAC 246-907-030:

(1) If the pharmacy assistant has allowed his or her certificate to lapse for less than five years, the pharmacy assistant shall pay the renewal fee for the present year and the penalty fee equal to the current original certification fee.

(2) If the pharmacy assistant has allowed his or her certificate to lapse for five years or more, the pharmacy assistant shall, within one year of application to the board for certification, complete the current certification requirements and pay the original certification fee.

(3) If the pharmacy assistant has been working in a position in another state with duties that are substantially equivalent to a Level A pharmacy assistant in Washington state, his or her certificate may be reinstated according to subsection (1) of this section upon presenting evidence from his or her employer verifying their duties.)) (1) If the license has expired for five years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over five years, the practitioner must:

(a) Within one year of application to the board for certification, complete the certification requirements;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the practitioner has been in an active practice in another United States jurisdiction with duties that are substantially equivalent to a Level A pharmacy assistant in Washington state, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.64.005. 93-17-097 (Order 387B), 246-901-065, filed 8/17/93, effective 9/17/93.]

AMENDATORY SECTION (Amending Order 191B, filed 8/30/91, effective 9/30/91 WAC 246-901-120 Pharmacy assistant AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of human immunodeficiency virus-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for certification. Effective October 1, 1989, persons applying for certification as a pharmacy assistant shall submit, in addition to the other requirements, evidence to show compliance with the AIDS education requirements of subsection (4) of this section, or shall certify that they will comply with the AIDS education requirement no later than December 31, 1989.

(3) 1989 renewal of certification. Effective with the renewal period beginning October 1, 1989, all persons making application for certification renewal in 1989 shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (4) of this section. Pharmacy assistants may submit compliance documentation with their renewal or at any time prior to December 31, 1989.

(4) AIDS education and training.

(a) Acceptable education and training. The board will accept education and training that covers the required subjects. Such education and training shall be a minimum of four clock hours and may include, but is not limited to, the following: Etiology and epidemiology; testing; infection control guidelines; clinical manifestations and treatment; legal economic and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective October 1, 1989, the requirement for certification, renewal, or reinstatement of any certificate on lapsed, inactive, or disciplinary status shall include the one-time requirement of completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The pharmacy assistant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-901-120, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.005. 89-04-015 (Order 222), 360-52-110, filed 1/23/89.]

AMENDATORY SECTION (Amending WSR 97-06-019, filed 2/25/97, effective 3/28/97)

WAC 246-907-030 Fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:

(a) pharmacy location))

(1) Pharmacist, pharmacy assistant, 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 utilization, and shopkeeper 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

Original pharmacy assistant

utilization fee 50.00

Renewal pharmacy fee 200.00

Renewal pharmacy assistant

utilization fee 60.00

Penalty pharmacy fee 275.00

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

Original fee 60.00

Renewal fee 60.00

Penalty fee 60.00

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

Exam fee (full exam) 200.00

Reexamination fee (jurisprudence portion) 40.00

Original license fee 100.00

Renewal fee, active and inactive license 105.00

Renewal fee, retired license 20.00

Penalty fee 105.00

Expired license reissuance (active and inactive) 52.50

Reciprocity fee 250.00

Certification of license status

to other states 20.00

Retired license 20.00

Temporary permit 50.00

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

Original fee 25.00

Renewal fee 25.00

Penalty fee 12.50

Shopkeeper - with differential hours:

Original fee 25.00

Renewal fee 25.00

Penalty fee 12.50

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

Original fee 450.00

Renewal fee 450.00

Penalty fee 450.00

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

Original fee 450.00

Renewal fee 450.00

Penalty fee 450.00

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

Original fee 250.00

Renewal fee 250.00

Penalty fee 250.00

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

Original fee 450.00

Renewal fee 450.00

Penalty 450.00

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

Original fee 40.00

Renewal fee 30.00

Penalty fee 40.00

Expired license reissuance 30.00

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

Original registration fee 15.00

Renewal registration fee 15.00

(((k))) (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

Dispensing renewal fee (i.e.

pharmacies and health care entities) 50.00

Distributors registration fee (i.e.

wholesalers) 90.00

Distributors renewal fee (i.e.

wholesalers) 90.00

Manufacturers registration fee 90.00

Manufacturers renewal fee 90.00

((ARNP with prescriptive authorization

registration fee 20.00

ARNP with prescriptive authorization

renewal fee 20.00))

Sodium pentobarbital for animal

euthanization registration fee 30.00

Sodium pentobarbital for animal

euthanization renewal fee 30.00

Other CSA registrations 30.00

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

Registration fees

Original fee 275.00

Renewal fee 200.00

Penalty fee 200.00

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

Original fee 30.00

Renewal fee 30.00

(((n))) (17) The following nonrefundable fees will be charged for facility inspection fee: 150.00

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

Original fee 50.00

Renewal fee 50.00

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

Reissue fee 15.00

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

Original fee 275.00

Renewal 200.00

Penalty 275.00

[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 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.]

NEW SECTION

WAC 246-907-995 Conversion to a birthday renewal cycle. (1) Effective July 1, 1998, the annual pharmacist, pharmacy assistant, and pharmacy intern credential renewal dates are changed to coincide with the practitioner's birthday.

(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.

(3) After the initial conversion to a staggered system, practitioners will annually renew their credential on their birthday at the current renewal rate.

[]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-907-020 Licensing periods.

AMENDATORY SECTION (Amending Order 259B, filed 3/24/92, effective 4/24/92 WAC 246-915-010 Definitions. For the purposes of administering chapter 18.74 RCW, the following terms are to be construed as set forth herein:

(1) The "performance of tests of neuromuscular function" includes the performance of electroneuromyographic examinations.

(2) "Consultation" means a communication regarding a patient's evaluation and proposed treatment plan with an authorized health care practitioner.

(3) "Supervisor" shall mean the licensed physical therapist.

(4) "Physical therapist assistant" shall mean a graduate of an approved school of physical therapy who is eligible for licensure but has not been licensed to practice physical therapy in Washington state, or an individual who has received an associate degree as a physical therapist assistant from an approved school.

(5) "Physical therapist aide" shall mean an individual who shall have received on-the-job training from a physical therapist.

(6) "Immediate supervision" shall mean the supervisor is in audible or visual range of the patient and the person treating the patient.

(7) "Direct supervision" shall mean the supervisor is on the premises, is quickly and easily available and the patient has been examined by the physical therapist at such time as acceptable physical therapy practice requires, consistent with the delegated health care task.

(8) "Indirect supervision" shall mean the supervisor is not on the premises, but has given either written or oral instructions for treatment of the patient and the patient has been examined by the physical therapist at such time as acceptable health care practice requires, and consistent with the particular delegated health care task.

(9) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(10) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(11) "Spinal manipulation" or "manipulative mobilization" is defined as movement beyond the normal physiological range of motion.

(((12) One "contact hour" shall mean fifty minutes of continuing education course participation.))

[Statutory Authority: RCW 18.74.023. 92-08-039 (Order 259B), 246-915-010, filed 3/24/92, effective 4/24/92; 91-05-094 (Order 144B), 246-915-010, filed 2/20/91, effective 3/23/91; 91-02-011 (Order 103B), recodified as 246-915-010, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.74.023(3). 89-21-007, 308-42-010, filed 10/6/89, effective 11/6/89; 88-23-014 (Order PM 789), 308-42-010, filed 11/7/88. Statutory Authority: RCW 18.74.023. 84-13-057 (Order PL 471), 308-42-010, filed 6/19/84; Order PL 191, 308-42-010, filed 5/29/75; Order 704207, 308-42-010, filed 8/7/70, effective 9/15/70.]

AMENDATORY SECTION (Amending Order 403B, filed 2/4/94, effective 3/7/94)

WAC 246-915-050 ((Reinstatement.)) Expired license. (((1) A license not renewed within thirty days of the date set by the secretary shall automatically lapse. The licensee may, within two years from the date of lapse and upon recommendation of the board, request the license be revived by paying all back fees and a penalty fee determined by the secretary.

(2) If a license has lapsed more than two years, the license may be revived under the following conditions:

(a) The board may require reexamination of an applicant who has not been continuously engaged in lawful practice in another state or territory, or

(b) Waive reexamination in favor of evidence of continuing competency satisfactory to the board.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:

(a) Successfully pass the examination as provided in RCW 18.74.035. The board may waive reexamination in favor of evidence of continuing competency satisfactory to the board;

(b) Must meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.74.023. 94-05-014 (Order 403B), 246-915-050, filed 2/4/94, effective 3/7/94; 91-05-094 (Order 144B), 246-915-050, filed 2/20/91, effective 3/23/91; 91-02-011 (Order 103B), recodified as 246-915-050, filed 12/21/90, effective 1/31/91; 84-03-055 (Order PL 455), 308-42-070, filed 1/18/84. Statutory Authority: RCW 18.74.020. 83-05-032 (Order PL 426), 308-42-070, filed 2/10/83.]

AMENDATORY SECTION (Amending Order 403B, filed 2/4/94, effective 3/7/94)

WAC 246-915-085 Continuing competency. Evidence of continuing competency in the form of continuing education and employment related to physical therapy must be submitted every two years. Licensees born in even numbered years shall submit their continuing competency record form with license renewal every even numbered year ((beginning in 1996)). Licensees born in odd numbered years shall submit their continuing competency record form with license renewal every odd numbered year ((beginning in 1997)). ((Completion of this requirement each two year period shall be a prerequisite for license renewal.))

(1) Education - ((40 contact hours:)) Licensed physical therapists must complete 40 hours of continuing education every two years as required in chapter 246-12 WAC, Part 7.

(a) Continuing education specifically relating to the practice of physical therapy.

(i) Participation in a course with specific goals and objectives relating to the practice of physical therapy;

(ii) Cassette tape, video tape, and/or book review;

(iii) Correspondence coursework completed.

(2) Physical therapy employment - 200 hours specifically relating to physical therapy.

(3) Licensees shall maintain records of all activities relating to continuing education and professional experience for a period of seven years. Acceptable documentation shall mean:

(a) Continuing education. Certificates of completion, course sponsors, goals and objectives of the course, dates of attendance and total contact hours, for all continuing education being reported.

(b) Cassette tape, video tape, and/or book review. A two page synopsis of each item reviewed must be written by the licensee.

(c) Correspondence coursework completed. Course description and/or syllabus and copies of the completed and scored examination must be kept on file by the licensee.

(d) Physical therapy employment. Certified copies of employment records or proof acceptable to the board of physical therapy employment for the hours being reported.

(((4) The board may audit continuing competency activities and the licensee's failure to maintain his or her own records and substantiate any continuing competency activities upon request by the board may result in the suspension or revocation of a license, or denial of a license renewal. Each licensee who has been selected for audit shall, within 30 days from the date of notification, submit acceptable documentation as evidence of having met the requirements of this section.

(5) Extensions or exceptions may be considered by the board on a case by case basis upon written request.))

[Statutory Authority: RCW 18.74.023. 94-05-014 (Order 403B), 246-915-085, filed 2/4/94, effective 3/7/94.]

AMENDATORY SECTION (Amending Order 144B, filed 2/20/91, effective 3/23/91 WAC 246-915-110 AIDS education and training. (((1) Acceptable education and training. The department will accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(2) Implementation. Effective January 1, 1989, the requirement for licensure application or reinstatement of any license on lapsed or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (1) of this section.

(3) Documentation. The applicant or licensee shall:

(a) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(b) Keep records for two years documenting attendance and description of the education; and

(c) Be prepared to validate, through submission of these records, that education has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.74.023. 91-05-094 (Order 144B), 246-915-110, filed 2/20/91, effective 3/23/91; 91-02-011 (Order 103B), recodified as 246-915-110, filed 12/21/90, effective 1/31/91. Statutory Authority: RCW 18.74.023(3). 88-23-014 (Order PM 789), 308-42-123, filed 11/7/88.]

AMENDATORY SECTION (Amending Order 173, filed 6/6/91, effective 7/7/91)

WAC 246-915-990 Physical therapy fees and renewal cycle. ((The following fees shall be charged by the professional licensing services division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application((--Nonrefundable)) $150.00

License renewal 70.00

Late renewal penalty 70.00

Expired license reissuance 50.00

Duplicate license 15.00

Certification 25.00

[Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-915-990, filed 6/6/91, effective 7/7/91; 91-05-004 (Order 128), 246-915-990, filed 2/7/91, effective 3/10/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-915-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-42-075, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-42-075, filed 8/10/83. Formerly WAC 308-42-100.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-915-060 Applications.

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-918-080 Physician assistant--Licensure. (1) Application procedure. Applications may be made jointly by the physician and the physician assistant on forms supplied by the commission. Applications and supporting documents must be on file in the commission office prior to consideration for licensure.

(2) No physician assistant or physician assistant-surgical assistant shall begin practice without commission approval of the practice plan of that working relationship. Practice plans must be submitted on forms provided by the commission.

Change in supervision. In the event that a physician assistant or physician assistant-surgical assistant who is currently licensed desires to become associated with another physician, he or she must submit a new practice plan.

(((3) Licensure expiration and renewal. The physician assistant's license shall be renewed annually. The date of renewal shall be the licensee's birth date.

An initial license shall expire on the licensee's next birth date. However, if the licensee's next birth date is within three months of the initial date of licensure, the original license shall expire on his or her second birth date following original licensure. Before the expiration date of a license, a courtesy renewal notice will be mailed to the last address on file of every person holding a current license. The licensee is responsible for renewing his or her license prior to the expiation date regardless of whether the licensee receives the courtesy notice. If the licensee fails to renew his or her license within three years from expiration date thereof, such individual must apply for licensing under the statutory conditions then in force.))

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-918-080, filed 1/17/96, effective 2/17/96. Statutory Authority: RCW 18.71.017. 91-06-030 (Order 147B), recodified as 246-918-080, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 18.71A.020. 89-06-077 (Order PM 822), 308-52-139, filed 3/1/89. Statutory Authority: RCW 18.71.017 and 18.71A.020. 88-21-047 (Order PM 782), 308-52-139, filed 10/13/88. Statutory Authority: RCW 18.71A.020. 88-06-008 (Order PM 706), 308-52-139, filed 2/23/88; 86-12-031 (Order PM 599), 308-52-139, filed 5/29/86; 82-24-013 (Order PL 412), 308-52-139, filed 11/19/82; 81-03-078 (Order PL 368), 308-52-139, filed 1/21/81; 80-15-031 (Order PL-353), 308-52-139, filed 10/8/80; 78-04-029 (Order PL 285, Resolution No. 78-140), 308-52-139, filed 3/14/78.]

NEW SECTION

WAC 246-918-081 Expired license. (1) If the license has expired for three years or less the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, the practitioner must:

(a) Reapply for licensing under current requirements;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[]

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-918-170 Physician assistant and certified physician assistant AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of human immunodeficiency virus (HIV-related) illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Effective July 1, 1989, persons who submit an application for licensure shall submit, prior to being granted a license and in addition to the other requirements, evidence to show compliance with the educational requirements of subsection (4) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The commission will accept education and training that qualifies for continuing medical education credit. Such education and training shall be a minimum of four clock hours regarding the prevention, transmission and treatment of AIDS, and may include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Documentation. The licensee or applicant for licensure shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting education and training and description of the learning;

(iii) Be prepared to validate, through submission of these records, that education and training has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-918-170, filed 1/17/96, effective 2/17/96. Statutory Authority: RCW 18.71.017. 92-12-089 (Order 278B), 246-918-170, filed 6/3/92, effective 7/4/92; 91-06-030 (Order 147B), recodified as 246-918-170, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 70.24.270. 89-08-063 (Order PM 831), 308-52-190, filed 4/3/89.]

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-918-180 Continuing medical education requirements. (1) ((Each licensee is required to have and attest to one hundred hours of continuing medical education every two years for renewal. A licensee shall be required to submit evidence of compliance upon request by the commission.)) Licensed physician assistants must complete one hundred hours of continuing education every two years as required in chapter 246-12 WAC, Part 7.

(2) In lieu of one hundred hours of continuing medical education the commission will accept a current certification with the National Commission for the Certification of Physician Assistants and will consider approval of other programs as they are developed.

(3) ((If a licensee fails to meet the requirements because of illness or other extenuating circumstances, each case will be considered by the commission or its designee on an individual basis.

(4))) The commission approves the following categories of creditable continuing medical education. A minimum of forty credit hours must be earned in Category I.

Category I Continuing medical education activities with accredited sponsorship

Category II Continuing medical education activities with nonaccredited sponsorship and other meritorious learning experience.

(((5))) (4) The commission adopts the standards approved by the American Academy of Physician Assistants for the evaluation of continuing medical education requirements in determining the acceptance and category of any continuing medical education experience.

(((6) One clock hour shall equal one credit hour for the purpose of satisfying the one hundred hour continuing medical education requirement.

(7))) (5) It will not be necessary to inquire into the prior approval of any continuing medical education. The commission will accept any continuing medical education that reasonably falls within these regulations and relies upon each licensee's integrity in complying with this requirement.

(((8))) (6) Continuing medical education sponsors need not apply for nor expect to receive prior commission approval for a formal continuing medical education program. The continuing medical education category will depend solely upon the accredited status of the organization or institution. The number of hours may be determined by counting the contact hours of instruction and rounding to the nearest quarter hour. The commission relies upon the integrity of the program sponsors to present continuing medical education for licensees that constitutes a meritorious learning experience.

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-918-180, filed 1/17/96, effective 2/17/96. Statutory Authority: RCW 18.71.017. 92-12-089 (Order 278B), 246-918-180, filed 6/3/92, effective 7/4/92; 91-06-030 (Order 147B), recodified as 246-918-180, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 18.71A.020. 82-03-022 (Order PL 390), 308-52-201, filed 1/14/82; 81-03-078 (Order PL 368), 308-52-201, filed 1/21/81.]

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-918-990 Fees and renewal cycle. ((The following fees shall be charged by the health professions quality assurance division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Physician's assistants, certified

physician assistants, physician

assistant-surgical assistants,

acupuncture physician assistants:

Application $50.00

Renewal 35.00

Expired license reissuance 35.00

Duplicate license 15.00

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-918-990, filed 1/17/96, effective 2/17/96. Statutory Authority: RCW 43.70.040. 91-06-027 (Order 131), 246-918-990, filed 2/26/91, effective 3/29/91.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-918-006 Refunds.

WAC 246-918-085 License renewal form.

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-919-380 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Applicants for licensure shall submit, prior to being granted a license and in addition to the other requirements, evidence to show compliance with the educational requirements of subsection (3) of this section, certify that such requirements will be satisfied by the date of the applicant's first renewal.

(3) AIDS education and training.

(a) Acceptable education and training. The commission will accept education and training that qualifies for continuing medical education credit. Such education and training shall be a minimum of four clock hours regarding the prevention, transmission and treatment of AIDS, and may include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Any reinstatement of a license that is lapsed, inactive, or revoked or actually suspended for a term during which the licensee did not obtain the required AIDS education shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant for licensure shall certify that the minimum education and training has been completed after January 1, 1987. The documentation of education and training and description of learning shall be maintained for two years after issuance of license.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-380, filed 1/17/96, effective 2/17/96.]

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-919-430 General requirements. (1) ((The commission requires one hundred fifty credit hours of continuing education every three years.)) Licensed physicians must complete one hundred fifty hours of continuing education every three years as required in chapter 246-12 WAC, Part 7.

(2) In lieu of the one hundred fifty hours of continuing medical education, the commission will accept a current Physician's Recognition Award from the American Medical Association or a current certificate from any specialty board approved by the American Board of Medical Specialties (ABMS) which is considered by the specialty board as equivalent to the one hundred fifty hours of continuing medical education required under WAC 246-919-430(1). The commission will also accept certification or recertification by a specialty board as the equivalent of one hundred fifty hours of continuing medical education. A list of the approved specialty boards are designated in the 1995 Official American Boards of Medical Specialty Director of Board Certified Medical Specialist and will be maintained by the commission. The list shall be made available upon request. The certification or recertification must be obtained in the three years preceding application for renewal.

(((3) In case licensees fail to meet the requirements because of illness or other extenuating circumstances, each case will be considered on an individual basis and when the circumstances justify it, the commission or its designee may grant an extension of time.))

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-430, filed 1/17/96, effective 2/17/96.]

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-919-460 Continuing medical education requirement. (1) The credits must be earned in the thirty-six-month period preceding application for renewal of licensure.

(2) ((One clock-hour shall equal one credit-hour for the purpose of satisfying the one hundred fifty-hour continuing medical education requirement.

(3)(a))) Category I: Continuing medical education activities with accredited sponsorship. A maximum of one hundred fifty credit hours may be earned in Category I. The commission has approved the standards adopted by the Accreditation Council for Continuing Medical Education or its designated interstate accrediting agency, the Washington State Medical Association, in accrediting organizations and institutions offering continuing medical education programs, and will accept attendance at such programs offered by organizations and institutions offering continuing medical education programs, and will accept attendance at such programs offered by organizations and institutions so recognized as credit towards the licensee's continuing medical education requirement for annual renewal of licensure.

(((b))) (3) Category II: Continuing medical education activities with nonaccredited sponsorship. A maximum of sixty credit hours may be earned by attendance at continuing medical education programs that are not approved in accordance with the provisions of Category I.

(((c))) (4) Category III: Teaching medical physicians or the allied health services. A maximum of sixty credit hours may be earned for serving as an instructor of medical students, house staff, other physicians or allied health professionals from a hospital or institution with a formal training program if the hospital or institution has approved the instruction.

(((d))) (5) Category IV: Books, papers, publications, exhibits.

(((i))) (a) A maximum of sixty credit hours may be earned under Category IV, with specific subcategories listed below. Credit may be earned only during the thirty-six-month period following presentations or publications.

(((ii))) (b) Ten credit hours may be claimed for a paper, exhibit, publication, or for each chapter of a book that is authored and published. A paper must be published in a recognized medical journal. A paper that is presented at a meeting or an exhibit that is shown must be to physicians or allied health professionals. Credit may be claimed only once for the scientific materials presented. Credit should be claimed as of the date materials were presented or published.

Medical editing can not be accepted in this or any other category for credit.

(((e))) (6) Category V: Nonsupervised.

(((i))) (a) A maximum of sixty credit hours may be earned under Category V. Credit may be earned only for the thirty-six-month period following the year in which the study, preparation, care and/or review occurred.

(((ii))) (b) Self-assessment: Credit hours may be earned for completion of a multimedia medical education program.

(((iii))) (c) Self-instruction: Credit hours may be earned for the independent reading of scientific journals and books.

(((iv))) (d) Specialty board examination preparation: Credit hours may be earned for preparation for specialty board certification or recertification examinations.

(((v))) (e) Quality care and/or utilization review: Credit hours may be earned for participation on a staff committee for quality of care and/or utilization review in a hospital or institution or government agency.

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-460, filed 1/17/96, effective 2/17/96.]

AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-919-480 Retired active ((physician license)) credential. (1) ((RCW 18.130.250 provides for a retired active license status for individuals already licensed who wish to practice only in emergent or intermittent circumstances. For the purpose of implementing RCW 18.130.250, the licensee must hold a current active license and meet the following criteria:

(a))) A practitioner may obtain a retired active credential. Refer to the requirements of chapter 246-12 WAC, Part 5.

(2) The ((licensee's)) practitioner's practice is limited to providing health care services without compensation;

(((b))) (3) Services are provided in community clinics located in the state of Washington that are operated by public or private tax-exempt corporations; and

(((c))) (4) Services must be limited to primary care.

(((2) Individuals requesting a retired active license status must submit a letter to the department at the time of their renewal declaring their intent to practice only on an intermittent or emergency basis as defined in subsection (1) of this section. Physician retired active licenses will not be retroactively issued for prior years.

(3) A licensee wishing to return to a full active license must meet the current requirements for relicensure.

(4) Individuals practicing with a retired active license are subject to chapter 18.130 RCW to the same extent as individuals holding an active license.

(5) Retired active licensees must meet the continuing education requirements established in WAC 246-919-430 through 246-919-470.))

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-480, filed 1/17/96, effective 2/17/96.]

AMENDATORY SECTION (Amending WSR 97-15-100, filed 7/21/97, effective 8/21/97)

WAC 246-919-990 Physician and surgeon fees and renewal cycle. ((The following nonrefundable fees shall be charged by the health professional quality assurance division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except postgraduate training limited licenses.

(2) Postgraduate training limited licenses must be renewed every year to correspond to program date.

(3) The following nonrefundable fees will be charged:

Title of Fee Fee

Physician and surgeons: Chapter 18.71 RCW

Application $300.00

Retired active physician license renewal 125.00

Renewal 200.00

Late renewal penalty 50.00

Expired license reissuance 100.00

Substance abuse monitoring surcharge

((for impaired physician program)) 25.00

((State)) Certification of license 50.00

Duplicate license 15.00

Temporary permit 50.00

Postgraduate limited license fees: RCW 18.71.095

Limited license application 200.00

Limited license renewal 200.00

((Surcharge-impaired physician))

Substance abuse monitoring surcharge 25.00

Limited duplicate license 15.00

[Statutory Authority: RCW 18.71.017 and 43.70.250. 97-15-100, 246-919-990, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-990, filed 1/17/96, effective 2/17/96.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-919-030 Current address.

WAC 246-919-305 Refunds.

WAC 246-919-400 Scope.

WAC 246-919-410 License renewal.

WAC 246-919-420 License renewal form.

WAC 246-919-440 Certification of compliance.

AMENDATORY SECTION (Amending Order 158B, filed 4/25/91, effective 5/26/91 WAC 246-922-070 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Effective January 1, 1989, persons applying for licensure shall submit, in addition to other requirements, evidence to show compliance with the education requirements of subsection (4) of this section.

(3) Renewal of licenses. For the renewal on June 30, 1989, all persons making application for licensure renewal shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (4) of this section.

(4) AIDS education and training.

(a) Acceptable education and training. The board will accept education and training that is consistent with the model curriculum available from the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective January 1, 1989, the requirement for licensure, renewal, or reinstatement of any license on lapsed, inactive, suspended, or revoked status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The licensee shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.22.015. 91-10-041 (Order 158B), 246-922-070, filed 4/25/91, effective 5/26/91; 91-03-095 (Order 118B), recodified as 246-922-070, filed 1/18/91, effective 2/18/91. Statutory Authority: RCW 18.22.015 and 1988 c 206 604. 89-02-047 (Order PM 813), 308-31-057, filed 12/30/88.]

NEW SECTION

WAC 246-922-285 Retired active credential. A practitioner may obtain a retired active credential. Refer to the requirements of chapter 246-12 WAC, Part 5.

[]

AMENDATORY SECTION (Amending Order 158B, filed 4/25/91, effective 5/26/91 WAC 246-922-290 Inactive ((license and reactivation)) credential. ((A licensee who is in active practice in another state may maintain a current license by requesting his or her license be placed on inactive status.

(1) A licensee practicing in another state whose Washington license to practice podiatric medicine and surgery became inactive on or after July 1, 1987, due to nonpayment of the renewal fees may request his or her license be placed on inactive license status. The request and inactive license fee must be submitted by September 1, 1991.

(2) A licensee who holds a current Washington podiatry license and is actively practicing in another state may request his or her license be placed on inactive status.

A license shall be maintained on the inactive status by payment of the inactive renewal fee annually and verification of compliance with the continuing education requirements established by the board.

An inactive license may be reactivated by payment of the current renewal fee and verification that the licensee has not had any action taken by a state or federal jurisdiction or hospital which would prevent or restrict the licensee's practice of podiatric medicine and surgery; or voluntarily given up any license or privilege or been restricted in the practice of podiatric medicine and surgery in lieu of or to avoid formal action.)) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 18.22.015. 91-10-041 (Order 158B), 246-922-290, filed 4/25/91, effective 5/26/91.]

AMENDATORY SECTION (Amending Order 158B, filed 4/25/91, effective 5/26/91 WAC 246-922-295 ((Lapsed)) Expired license ((reinstatement)). ((A license that has not been renewed due to nonpayment of the annual renewal fee shall be considered to be a lapsed license. The license may be reinstated without examination if the board determines that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of podiatric medicine and surgery.

(1) A license that has lapsed less than one year shall be reinstated upon written request, including a practice chronology from the date of license lapse to the present, payment of the renewal penalty fee together with all delinquent annual renewal fees, and verification of compliance with the continuing education requirements established by the board.

(2) A person whose license has lapsed for longer than one year must:

(a) File an original application;

(b) Submit the original application fee and current renewal fee;

(c) Provide practice chronology of podiatric medicine from the date the license lapsed and evidence of having met the board's current continuing education requirements;

(d) Provide verification that the licensee has not had hospital privileges restricted or revoked;

(e) Provide verification of all state licenses and that the licensee has not been disciplined by a state regulatory board or agency;

(f) Provide documentation relative to any malpractice settlements or judgments within the past five years;

(g) Provide other documentation as the board may require.)) (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Provide documentation relative to any malpractice settlements or judgments within the past five years;

(c) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner:

(a) May be required to be reexamined as provided in RCW 18.22.083;

(b) Provide documentation relative to any malpractice settlements or judgments within the past five years;

(c) Must meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.22.015. 91-10-041 (Order 158B), 246-922-295, filed 4/25/91, effective 5/26/91.]

AMENDATORY SECTION (Amending WSR 94-05-051, filed 2/10/94, effective 3/13/94)

WAC 246-922-300 Podiatric continuing education required. The podiatric medical board encourages licensees to deliver high-quality patient care. The board recognizes that continuing education programs designed to inform practitioners of recent developments within podiatric medicine and relative fields and review of various aspects of basic professional education and podiatric practice are beneficial to professional growth. The board encourages participation in podiatric continuing education as a mechanism to maintain and enhance competence.

(1) Twenty-five contact hours of scientific podiatric continuing education shall be required annually to maintain a current license as provided in chapter 246-12 WAC, Part 7.

Five credit hours may be granted for one hour of course instruction. A maximum of five hours may be claimed per renewal period.

(2) Approved courses shall be scientific in nature designed to provide information and enhancement of current knowledge of the mechanisms of disease and treatment, which may include applicable clinical information.

(a) Serving as a resident in an approved post-graduate residency training program shall satisfy the continuing education credit for licensure renewal.

(b) Continuing education activities which do not affect the delivery of patient care, (e.g., marketing and billing), may not be claimed for continuing education credit.

(((3) In case a licensee fails to meet the requirements due to illness, retirement (with no further provision of podiatric services being provided consumers), or other extenuating circumstances, each case will be considered by the board on an individual basis. When circumstances justify it, the board may grant an extension of time or a change in requirements. In the case of permanent retirement or illness, the board may grant indefinite waiver of podiatric continuing education as a requirement for relicensure, provided an affidavit is received indicating the podiatric physician and surgeon is not providing podiatric services to consumers. If such permanent retirement or illness status is changed or podiatric services are resumed, it is incumbent upon the licensee to immediately notify the board and show proof of practice competency as determined necessary by the board.))

[Statutory Authority: RCW 18.22.015. 94-05-051, 246-922-300, filed 2/10/94, effective 3/13/94; 91-10-041 (Order 158B), 246-922-300, filed 4/25/91, effective 5/26/91.]

AMENDATORY SECTION (Amending WSR 94-22-055, filed 11/1/94, effective 1/1/95)

WAC 246-922-990 Podiatry fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except for postgraduate training limited licenses.

(2) Postgraduate training limited licenses must be renewed every year to correspond to program dates.

(3) The following nonrefundable fees will be charged:

Title of Fee Fee

Application (examination

and reexamination) $500.00

Reciprocity application 400.00

License renewal 625.00

Inactive license renewal 135.00

Late renewal penalty 100.00

Expired license reissuance 300.00

Expired inactive license renewal 67.50

Duplicate license 15.00

Certification of license 25.00

Retired active status 150.00

Temporary practice permit 50.00

Limited license application 150.00

Limited license renewal 200.00

((Impaired program)) Substance abuse

monitoring surcharge 25.00

[Statutory Authority: RCW 43.70.250 and chapters 18.57, 18.57A, 18.22 and 18.59 RCW. 94-22-055, 246-922-990, filed 11/1/94, effective 1/1/95. Statutory Authority: RCW 43.70.250. 92-14-053 (Order 280), 246-922-990, filed 6/25/92, effective 7/26/92; 91-13-002 (Order 173), 246-922-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-05-029 (Order 134), recodified as 246-922-990, filed 2/12/91, effective 3/15/91. Statutory Authority: RCW 43.70.250 and chapter 18.22 RCW. 90-16-057 (Order 072), 308-31-055, filed 7/27/90, effective 8/27/90. Statutory Authority: RCW 43.24.086. 89-17-156, 308-31-055, filed 8/23/89, effective 9/23/89; 87-18-031 (Order PM 667), 308-31-055, filed 8/27/87. Statutory Authority: 1983 c 168 12. 83-22-060 (Order PL 446), 308-31-055, filed 11/2/83; 83-17-031 (Order PL 442), 308-31-055, filed 8/10/83. Formerly WAC 308-31-310.]

NEW SECTION

WAC 246-922-995 Conversion to a birthday renewal cycle. (1) The annual license renewal date is changed to coincide with the practitioner's birthday.

(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.

(3) After the initial conversion to a staggered system, practitioners will annually renew their license on their birthday at the current renewal rate.

[]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-922-275 Address notification.

WAC 246-922-280 Renewal expiration date.

WAC 246-922-320 Certification of compliance.

AMENDATORY SECTION (Amending WSR 94-12-039, filed 5/25/94, effective 6/25/94)

WAC 246-924-110 AIDS education and training. (((1) Acceptable education and training. Such education and training shall be consistent with the model curriculum available from the office on AIDS and with the standards set forth in WAC 246-924-240(1), shall be a minimum of seven clock hours, and shall include, but not be limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(2) Implementation. Effective January 1, 1989, the requirement for licensure or certification application, renewal, or reinstatement of any license or certification on lapsed, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (1) of this section.

(3) Documentation. The licensee shall:

(a) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987, and before renewal date or December 31, 1989, whichever date is earlier;

(b) Keep records for two years documenting attendance and description of the learning; and

(c) Be prepared to validate, through submission of these records, that learning has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.83.050(5). 94-12-039, 246-924-110, filed 5/25/94, effective 6/25/94. Statutory Authority: RCW 18.83.050. 91-04-020 (Order 117B), recodified as 246-924-110, filed 1/28/91, effective 2/28/91. Statutory Authority: 1988 c 206 604. 88-23-059 (Order PM 798), 308-122-280, filed 11/15/88.]

AMENDATORY SECTION (Amending WSR 94-12-039, filed 5/25/94, effective 6/25/94)

WAC 246-924-230 Continuing education requirements. (1) The Washington state board of psychology (hereafter referred to as the board) requires a minimum of sixty hours of continuing psychological education (hereafter referred to as CPE) every three years.

(2) ((One clock hour of instruction and/or training shall equal one credit hour for the purpose of satisfying the sixty hour CPE requirement.

(3) Credit hours in excess of the requirements set forth cannot be credited to CPE requirements for any succeeding three year cycle.

(4))) A minimum of four hours credit in ethics must be included in the sixty hours required. Areas to be covered, depending on the licensee's primary area(s) of function are practice, consultation, research, teaching, and/or supervision.

(((5))) (3) Faculty providing CPE offerings shall meet the training and the full qualifications of their respective professions. All faculty shall have demonstrated an expertise in the areas in which they are instructing.

(4) The board reserves the right to require any licensee to submit evidence, e.g., course or program certificate of training, transcript, course or workshop brochure description, evidence of attendance, etc., in addition to the affidavit form in order to demonstrate compliance with the sixty hours CPE requirement.

[Statutory Authority: RCW 18.83.050(5). 94-12-039, 246-924-230, filed 5/25/94, effective 6/25/94. Statutory Authority: RCW 18.83.050. 91-04-021 (Order 129B), 246-924-230, filed 1/28/91, effective 2/28/91; 91-04-020 (Order 117B), recodified as 246-924-230, filed 1/28/91, effective 2/28/91; Order PL 276, 308-122-515, filed 11/16/77.]

AMENDATORY SECTION (Amending WSR 96-08-007, filed 3/22/96, effective 4/22/96)

WAC 246-924-500 Retired active ((psychologist license)) credential. (((1) Pursuant to RCW 18.130.250, the board authorizes a retired active license status for licensees who wish to practice only in emergent or intermittent circumstances and meet the following criteria:

(a) Hold a current Washington state license;

(b) The licensee's practice is limited to providing psychological services without compensation;

(c) Services are provided in clinics or organizations that are operated by public or private tax-exempt corporations or agencies.

(2) "Emergent or intermittent circumstances" means:

(a) Performing psychological services no more than thirty days each year in Washington state; or

(b) If not practicing on an intermittent basis, available to perform psychological services for an extended period of time for the purpose of providing such services in emergency circumstances such as earthquakes, floods, times of declared war, or other declared states of emergency.

(3) Licensees wishing to obtain retired active license status must submit a letter to the board with their renewal declaring their intent to practice only in emergent or intermittent circumstances. Subsequent to being issued a retired active license, the licensee must certify, with the renewal payments, the dates and circumstances under which he or she practiced during the previous year.

(4) A retired active licensee is subject to chapters 18.130 and 18.83 RCW and the applicable rules and regulations, including continuing education requirements, to the same degree as those with full active status.

(5) A retired active licensee who wishes to return to full active status must meet the requirements for relicensure. The retired active licensee must notify the board thirty days in advance of the change to reinstate the license to an active license status. Retired active license status will not be retroactively issued.)) A practitioner may obtain a retired active credential. Refer to the requirements of chapter 246-12 WAC, Part 5.

[Statutory Authority: RCW 18.130.250 and 18.83.050. 96-08-007, 246-924-500, filed 3/22/96, effective 4/22/96.]

AMENDATORY SECTION (Amending WSR 96-08-006, filed 3/22/96, effective 4/22/96)

WAC 246-924-990 Psychology fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application((--Nonrefundable)) $250.00

Renewal 275.00

Renewal retired active 175.00

Late renewal penalty 100.00

Expired license reissuance 137.50

Duplicate license 25.00

Written examination administration 80.00

Oral examination 250.00

Certification of license 25.00

((Renewal 275.00

Renewal penalty 100.00))

Amendment of certificate of qualification 30.00

[Statutory Authority: RCW 43.70.250. 96-08-006, 246-924-990, filed 3/22/96, effective 4/22/96; 91-13-002 (Order 173), 246-924-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-05-028 (Order 133), recodified as 246-924-990, filed 2/12/91, effective 3/15/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-122-275, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-122-275, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-122-275, filed 8/10/83. Formerly WAC 308-122-460.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-924-120 Psychologists--Renewal of licenses.

WAC 246-924-290 Continuing education--Certification of compliance.

WAC 246-924-320 Continuing education--Enforcement.

WAC 246-924-490 Responsibility for maintaining mailing address on file with the board.

AMENDATORY SECTION (Amending Order 237, filed 2/7/92, effective 2/19/92)

WAC 246-926-170 ((Reinstatement.)) Expired license. (1) ((A certificate which has lapsed for less than two years may be reinstated by submitting the renewal and late fee.

(2) A certificate which has lapsed for two years but not more than three years may be reinstated by submitting a reinstatement application, application fee and late renewal penalty fee.

(3) A certificate which has lapsed for three years or more may be reinstated by demonstrating competence to the standards established by the secretary, submitting a reinstatement application, renewal fee and late penalty.)) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, the practitioner must:

(a) Demonstrate competence to the standards established by the secretary;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 18.84.040 and 18.84.110. 92-05-010 (Order 237), 246-926-170, filed 2/7/92, effective 2/19/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-926-170, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.84.040. 89-01-015 (Order PM 802), 308-183-160, filed 12/9/88.]

AMENDATORY SECTION (Amending Order 237, filed 2/7/92, effective 2/19/92)

WAC 246-926-200 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of social and health services or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Persons applying for certification or registration shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.84.040 and 70.24.270. 92-05-010 (Order 237), 246-926-200, filed 2/7/92, effective 2/19/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-926-200, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-183-200, filed 11/2/88.]

AMENDATORY SECTION (Amending Order 237, filed 2/7/92, effective 2/19/92)

WAC 246-926-990 Certification and registration fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Certificates and registrations must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application - certification $50.00

Exam fee - certification 30.00

Application - registration 35.00

Certification renewal 50.00

Registration renewal 35.00

Late renewal penalty 30.00

Expired certificate reissuance 50.00

Expired registration reissuance 30.00

((Verification)) Certification of registration

or certificate 15.00

Duplicate registration of certificate 15.00

[Statutory Authority: RCW 18.84.040 and 18.84.100. 92-05-010 (Order 237), 246-926-990, filed 2/7/92, effective 2/19/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-926-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.84.040. 89-01-015 (Order PM 802), 308-183-180, filed 12/9/88.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-926-160 Renewals.

AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-928-190 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for certification. Persons applying for certification shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education and training.

(a) Acceptable education and training. The secretary will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of seven clock hours and shall include, but is not limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) Implementation. Effective January 1, 1989, the requirement for certification, renewal, or reinstatement of any certificate on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of (a) of this subsection.

(c) Documentation. The applicant shall:

(i) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

[Statutory Authority: RCW 18.89.050 and 70.24.270. 92-02-018 (Order 224), 246-928-190, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-928-190, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-195-200, filed 11/2/88.]

AMENDATORY SECTION (Amending WSR 95-18-019, filed 8/24/95, effective 9/24/95)

WAC 246-928-990 Respiratory care fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Certificates must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Application $ 85.00

Temporary practice permit 50.00

Examination application 110.00

Examination retake 25.00

Duplicate license 15.00

((Verification/)) Certification of certificate 25.00

Renewal 80.00

Late renewal penalty 50.00

Expired certificate reissuance 50.00

[Statutory Authority: Chapter 18.89 RCW and RCW 43.70.040. 95-18-019, 246-928-990, filed 8/24/95, effective 9/24/95. Statutory Authority: RCW 43.70.250. 92-15-032 (Order 285), 246-928-990, filed 7/7/92, effective 8/7/92. Statutory Authority: RCW 18.89.050 and 43.70.250. 92-02-018 (Order 224), 246-928-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-928-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 88-17-099 (Order PM 741), 308-195-110, filed 8/23/88.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-928-090 Certification renewal registration date.

AMENDATORY SECTION (Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-020 Underlying credential as a health professional required. (1) Under RCW 18.155.020(1), only credentialed health professionals may be certified as providers.

(2) A person who is credentialed as a health professional in a state or jurisdiction other than Washington may satisfy this requirement by submitting the following:

(a) A copy of the current nonexpired credential issued by the credentialing state;

(b) A copy of the statute, administrative regulation, or other official document of the issuing state which sets forth the minimum requirements for the credential;

(c) A statement from the issuing authority:

(i) That the credential is in good standing;

(ii) That there is no disciplinary action currently pending; and

(iii) Listing any formal discipline actions taken by the issuing authority with regard to the credential;

(d) A statement signed by the applicant, on a form provided by the department, submitting to the jurisdiction of the Washington state courts for the purpose of any litigation involving his or her practice as a sex offender treatment provider;

(e) A statement signed by the applicant on a form provided by the department, that the applicant does not intend to practice the health profession for which he or she is credentialed by another state within the state of Washington without first obtaining an appropriate credential to do so from the state of Washington, except as may be authorized by Washington state law; and

(f) ((Evidence to show compliance with the AIDS education requirement:

(i) Education and training shall be consistent with the model curriculum available from the office on AIDS within the department of health pursuant to chapter 70.24 RCW. Such education and training shall be a minimum of four clock hours and shall include, but not be limited to, the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(ii) Documentation. The applicant shall:

(A) Certify, on forms provided, that the minimum education and training has been completed after January 1, 1987;

(B) Keep records for two years documenting attendance and description of the learning; and

(C) Be prepared to validate, through submission of these records, that attendance has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

(3) Underlying registration, certification, or licensure shall be maintained in good standing. If an underlying registration, certification, or licensure is not renewed or is revoked, certification as a sex offender treatment provider, affiliate sex offender treatment provider, or temporary or provisional treatment provider is revoked. If an underlying license is suspended, the sex offender treatment provider certification is suspended. If there is a stay of the suspension of an underlying license the sex offender treatment provider program must independently evaluate the reasonableness of a stay for the sex offender treatment provider.

[Statutory Authority: RCW 18.155.040. 94-13-179, 246-930-020, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), 246-930-020, filed 5/28/92, effective 6/28/92; 91-11-063 (Order 168), 246-930-020, filed 5/16/91, effective 6/16/91.]

AMENDATORY SECTION (Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-410 Continuing education requirements. Certified sex offender treatment providers must complete forty hours of continuing education every two years as required in chapter 246-12 WAC, Part 7.

(1) Purpose and scope. The aim of continuing education for sex offender treatment providers is to ensure that professionals practicing in this specialty field are knowledgeable of current scientific and practice principles that affect the supervision and treatment of sex offenders in community-based treatment. Since the treatment of sex offenders in communities raises significant public safety concerns, continuing education is required to help sex offender treatment providers deliver the highest quality of professional service by being familiar with current developments in a rapidly changing profession. Certified sex offender treatment providers, regardless of certification status (e.g., full, affiliate, or provisional), shall meet the continuing education requirements set forth in this section as a prerequisite to license renewal.

(2) ((General requirements. Certified sex offender treatment providers shall complete forty credit hours of continuing education (hereafter referred to as CE) every two years. One clock hour of acceptable CE activity equals one credit hour. The number of creditable hours will be determined by counting the actual contact hours of instruction or, in the case of workshops or conferences, the formal hours of the workshop or conference. All certified sex offender treatment providers will have two years in which to accrue the required CE credit, and renewals of sex offender treatment provider certificates on alternate years will require documentation of forty credit hours of CE. This requirement will be implemented with the 1993 renewal year.

(3))) Specific requirements.

(a) A minimum of thirty hours of the CE shall be earned through attendance at courses, workshops, institutes, and/or formal conference presentations with direct, specific relevance to the assessment and treatment of sex offenders.

(i) Consultative or supervisory training obtained from other certified sex offender treatment providers is not creditable under this CE definition.

(ii) Independent study of audio or video tapes of seminar presentations not actually attended are creditable under this definition, up to a maximum of ten hours in any two-year period. Credit for independent study will only be granted if accompanied by documentation of the learning activity, such as a written summary of the independent study activity.

(iii) CE credit for assessment and treatment of sex offender training courses presented to other professionals may be claimed by the certified provider who provides the training one time only (usually the first time it is taught, unless there is substantial revision), up to a maximum of ten hours in any two-year period.

(iv) Courses specifically oriented toward assessment or treatment of sex offenders may be claimed as CE. The following are examples of subjects that qualify under this definition:

(A) Ethics and professional standards;

(B) Relapse prevention with sex offenders;

(C) Plethysmographic assessment;

(D) Sexual arousal assessment and reconditioning;

(E) Risk assessment with sex offenders;

(F) Psychopharmacological therapy with sex offenders;

(G) Family therapy with sex offenders;

(H) Research concerning sexual deviancy;

(I) Sexual addiction; and

(J) Therapy/clinical methods specific to sex offenders.

(b) In addition to the thirty hours of CE with direct, specific relevance to the assessment and treatment of sex offenders, ten hours of the total requirement may be earned through participation in training courses with indirect relevance to the assessment and treatment of sex offenders. The following subjects qualify under this definition:

(i) Victimology/victim therapy;

(ii) General counseling methods;

(iii) Psychological test interpretation;

(iv) Addiction/substance abuse;

(v) Family therapy;

(vi) Group therapy; and

(vii) Legal issues.

(((4))) (3) Program or course approval. The department shall accept any CE that reasonably falls within the above categories and requirements. The department relies upon each individual provider's integrity with the intent and spirit of the CE requirements.

(((5) Enforcement. Failure to meet the CE requirements within each two-year time period will result in nonrenewal of the certificate.

(6) Exemptions. In the event a provider fails to meet requirements because of illness, retirement (with no further provision of sex offender treatment provider services to clients), failure to renew, or other extenuating circumstances, the department may grant a time extension. The department shall review each case on an individual basis.

(7) Proof of compliance. Every two years the sex offender treatment provider shall submit an affidavit and proof of compliance with the CE requirement with the annual renewal application. Documentation to prove compliance includes, but is not limited to, course or program certificates of training, transcripts, course or workshop brochure descriptions. It is the responsibility of the sex offender treatment provider to maintain such documentation. Year of collection is determined by year of birth, i.e., a provider born in an odd-numbered year shall submit proof of compliance each odd-numbered year; a provider born in an even-numbered year shall submit proof of compliance each even-numbered year.

(8))) (4) CE requirement for newly certified providers. Providers who are newly certified within six months of their renewal date shall not be required to submit proof of continuing education for the preceding twelve-month period. Providers who are newly certified from six to nine months prior to the renewal date shall be required to submit proof of ten hours of the annual CE requirement for the preceding twelve-month period. Providers who are newly certified from nine to twelve months prior to the renewal date shall be required to submit proof of the full twenty hour annual CE requirement at the renewal date. The above noted prorated CE requirements apply only to the first renewal following certification. If proof of CE is not required at the first renewal (dependent on birthdate), the prorated amount shall be added to the full twenty hour annual requirement for the second year following certification.

[Statutory Authority: RCW 18.155.040. 94-13-179, 246-930-410, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), 246-930-410, filed 5/28/92, effective 6/28/92.]

AMENDATORY SECTION (Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-420 Inactive ((status)) credential. ((Sex offender treatment providers, in good standing, may place their certification on inactive status by providing written notice in advance to the secretary, and may within five years thereafter resume active practice upon payment of a late renewal fee, accompanied by proof of completion of the continuing education requirements as specified in WAC 246-930-410, and proof of a current underlying certification/license. To resume active status after five years or longer of inactive status, a provider must submit an original application with appropriate fees and retake the examination. A person may not practice as a sex offender treatment provider while the certification is on inactive status.)) A practitioner may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

[Statutory Authority: RCW 18.155.040. 94-13-179, 246-930-420, filed 6/21/94, effective 7/22/94.]

NEW SECTION

WAC 246-930-431 Expired license. (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license has expired for over three years, the practitioner must:

(a) Successfully pass the examination as provided in WAC 246-930-200;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[]

AMENDATORY SECTION (Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-990 Sex offender treatment provider fees and renewal cycle. ((The following fees shall be charged by the professional licensing services division of the department of health:)) (1) Certificates must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged for:

Title of Fee Fee

Sex offender treatment provider:

Application and examination $ 650.00

Reexamination 325.00

Initial certification 100.00

Renewal 1,175.00

Inactive status 585.00

Late renewal penalty 200.00

Expired certificate reissuance 300.00

Expired inactive certificate reissuance 292.50

Duplicate certificate 15.00

Extension fee 1,475.00

(3) The following nonrefundable fees will be charged for affiliate treatment provider:

Application and examination 300.00

Reexamination 150.00

Initial certification 50.00

Renewal 600.00

Inactive status 300.00

Late renewal penalty 200.00

Expired affiliate certificate reissuance 300.00

Expired inactive affiliate certificate reissuance 150.00

Duplicate certificate 15.00

Extension fee 850.00

[Statutory Authority: RCW 18.155.040. 94-13-179, 246-930-990, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), 246-930-990, filed 5/28/92, effective 6/28/92; 91-11-063 (Order 168), 246-930-990, filed 5/16/91, effective 6/16/91.]

NEW SECTION

WAC 246-930-995 Conversion to a birthday renewal cycle. (1) The annual license renewal date is changed to coincide with the practitioner's birthday.

(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.

(3) After the initial conversion to a staggered system, practitioners will annually renew their license on their birthday at the current renewal rate.

[]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-930-400 Issuance and renewal of certification.

WAC 246-930-430 Reinstatement.

AMENDATORY SECTION (Amending Order 235B, filed 1/14/92, effective 2/14/92 WAC 246-933-305 ((Veterinary)) Retired active ((license)) credential. (((1) RCW 18.130.250 provides for a retired active license status for individuals already licensed who wish to practice only in emergent or intermittent circumstances. For the purposes of implementing RCW 18.130.250, "emergent or intermittent circumstances" is defined as follows:

(a) The licensee resides and practices in another state, and practices no more than thirty days each year in Washington state;

(b) The licensee resides and practices in this state, but practices no more than thirty days each year.

(c) The licensee does not normally practice or meet the criteria of (a) or (b) of this subsection, but is available to practice for an extended period of time for the purposes of providing veterinary care in emergency circumstances such as earthquakes, floods, times of declared war, or other declared states of emergency.

(2) Individuals requesting a retired active license status must submit a letter to the department with their renewal declaring their intent to practice only on an intermittent or emergent basis. Veterinary retired active licenses will not be retroactively issued for prior years. Subsequent to being issued a retired active license, the licensee must report with the renewal payments the dates and circumstances under which they practiced during the previous year. If the licensee wishes to practice on an active basis, the licensee must notify the department five days in advance of the change to reinstate the license to an active license status.

(3) Individuals on a retired active license status are subject to chapter 18.130 RCW to the same extent as individuals holding an active license.

(4) Retired active licensees must meet the continuing education requirement established in WAC 246-933-420 and submit an affidavit of compliance at the end of each three-year period as prescribed in WAC 246-933-470.)) A practitioner may obtain a retired active credential. Refer to the requirements of chapter 246-12 WAC, Part 5.

[Statutory Authority: RCW 18.92.030. 92-03-074 (Order 235B), 246-933-305, filed 1/14/92, effective 2/14/92.]

AMENDATORY SECTION (Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-933-420 Basic requirement--Amount. ((In the three-year period immediately preceding the annual renewal of the license to practice veterinary medicine, the applicant shall have completed 3-3/4 days or accumulated thirty hours of acceptable continuing education.

(1) Measurement is in full academic hours only (a 50-minute period equals one hour). A one-day course shall constitute eight hours of credit.

(2) Credit shall be granted only for class hours, and not preparation hours.)) Licensed veterinarians must complete thirty hours of continuing education every three years as required in chapter 246-12 WAC, Part 7.

[Statutory Authority: RCW 18.92.030. 91-24-098 (Order 221B), 246-933-420, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as 246-933-420, filed 12/28/90, effective 1/31/91; Order 233, 308-154-020, filed 2/16/77.]

AMENDATORY SECTION (Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-933-480 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for licensure. Persons applying for licensure shall submit, prior to obtaining a license, and in addition to the other requirements for licensure, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education.

(a) Acceptable education. The board shall accept education that is consistent with the topical outline available from the office on AIDS. Alternatives to formal coursework may be in the form of video tapes, professional journal articles, periodicals, or audio tapes, that contain current or updated information. Such education shall include the subjects of prevention, transmission and treatment of AIDS, and may include the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues including confidentiality; and psychosocial issues to include special population considerations.

(b) The requirements for licensure, renewal, or reinstatement of any license on lapsed, inactive, or disciplinary status shall include completion of AIDS education. All persons affected by this section shall show evidence of completion of education which meets the requirement of (a) of this subsection.

(c) Documentation. The licensee shall:

(i) Certify, on forms provided, that the minimum education has been completed;

(ii) Keep records for two years documenting attendance or description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance or learning has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8. Alternatives to formal coursework may be in the form of video tapes, professional journal articles, periodicals, or audio tapes, that contain current or updated information.

[Statutory Authority: RCW 18.92.030 and 70.24.270. 91-24-098 (Order 221B), 246-933-480, filed 12/4/91, effective 1/4/92. Statutory Authority: RCW 18.92.030. 91-02-060 (Order 108B), recodified as 246-933-480, filed 12/28/90, effective 1/31/91. Statutory Authority: 1988 c 206 604 and RCW 18.92.030. 89-10-076 (Order PM 836), 308-154-085, filed 5/3/89.]

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-933-990 Veterinarian fees and renewal cycle. ((The following fees shall be charged by the professional licensing services division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

((veterinarian:))

National board examination (NBE)

(initial/retake) $130.00

Clinical competency test (CCT)

(initial/retake) 130.00

State examination 125.00

Initial state license 95.00

State examination (retake) 125.00

Specialty licensure 95.00

Impaired veterinarian assessment 10.00

Temporary permit 95.00

State or specialty license renewal 95.00

Retired active and renewal 45.00

Late renewal penalty (state and

specialty license) 31.00

Expired license reissuance 50.00

Late renewal penalty (retired active

license) 15.00

Duplicate license 15.00

Certification of license 15.00

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-933-990, filed 6/24/93, effective 7/25/93; 93-08-028 (Order 351), 246-933-990, filed 3/30/93, effective 4/30/93; 92-07-036 (Order 252), 246-933-990, filed 3/10/92, effective 4/10/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-933-990, filed 12/27/90, effective 1/31/91.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-933-180 Responsibility for maintaining mailing address on file with the board.

WAC 246-933-430 Effective date of requirement.

WAC 246-933-470 Continuing education--Certification of compliance.

AMENDATORY SECTION (Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-935-130 AIDS prevention and information education requirements. (((1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for registration. Persons applying for registration shall submit prior to becoming registered and in addition to the other requirements for registration, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education.

(a) Acceptable education. The board shall accept education that is consistent with the topical outline available from the office on AIDS. Alternatives to formal coursework may be in the form of video tapes, professional journal articles, periodicals, or audio tapes, that contain current or updated information. Such education shall include the subjects of prevention, transmission and treatment of AIDS, and may include the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues including confidentiality; and psychosocial issues to include special population considerations.

(b) The requirements for registration, renewal, or reinstatement of any registration on lapsed, inactive, or disciplinary status shall include completion of AIDS education. All persons affected by this section shall show evidence of completion of education which meets the requirement of (a) of this subsection.

(c) Documentation. The registrant shall:

(i) Certify, on forms provided, that the minimum education has been completed;

(ii) Keep records for two years documenting attendance or description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance or learning has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8. Alternatives to formal coursework may be in the form of video tapes, professional journal articles, periodicals, or audio tapes, that contain current or updated information.

[Statutory Authority: RCW 18.92.030 and 70.24.270. 91-24-098 (Order 221B), 246-935-130, filed 12/4/91, effective 1/4/92. Statutory Authority: RCW 18.92.030. 91-02-060 (Order 108B), recodified as 246-935-130, filed 12/28/90, effective 1/31/91. Statutory Authority: 1988 c 206 604 and RCW 18.92.030. 89-10-076 (Order PM 836), 308-156-200, filed 5/3/89.]

AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-935-990 Animal technician fees and renewal cycle. ((The following fees shall be charged by the professional licensing services division of the department of health:)) (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

((animal technician:))

National examination (initial/retake) $80.00

State examination (initial/retake) 80.00

Initial ((registration)) license 60.00

Renewal 51.00

Late renewal penalty 17.00

Expired license reissuance 50.00

Duplicate ((registration)) license 15.00

Certification of license 15.00

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-935-990, filed 6/24/93, effective 7/25/93; 92-07-036 (Order 252), 246-935-990, filed 3/10/92, effective 4/10/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-935-990, filed 12/27/90, effective 1/31/91.]

AMENDATORY SECTION (Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-050 Applications. ((Applications for registration as a certified veterinary medication clerk shall be on forms prepared by the secretary of the department of health and submitted to the department. The application, in addition to the required fee, shall be accompanied by evidence of completion of an on-the-job training program and completion of HIV/AIDS education as specified in WAC 246-937-080.

Said application shall be signed by the applicant and sworn before some person authorized to administer oaths. Additionally)) In addition to the requirements of chapter 246-12 WAC, Part 2, the application will be signed by the sponsoring veterinarian attesting that the applicant is qualified to perform the responsibilities of a certified veterinary medication clerk and is familiar with the procedures and policies of the practice. Certification is valid only for employment at the veterinary practice identified in the application and/or pursuant to WAC 246-937-020.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, 246-937-050, filed 1/31/95, effective 3/3/95.]

AMENDATORY SECTION (Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-080 HIV/AIDS prevention and information education requirements. (((1) Definitions:

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(b) "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) Application for certification. Persons applying for certification shall submit, prior to becoming certified and in addition to the other requirements for certification, evidence to show compliance with the education requirements of subsection (3) of this section.

(3) AIDS education.

(a) Acceptable education. The board shall accept education that is consistent with the topical outline available from the office on AIDS. Alternatives to formal course work may be in the form of video tapes, professional journal articles, periodicals, or audio tapes, that contain current or updated information. Such education shall include the subjects of prevention, transmission and treatment of AIDS, and may include the following: Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues including confidentiality; and psychosocial issues to include special population considerations.

(b) Documentation. The registrant shall:

(i) Certify, on forms provided, that the minimum education has been completed;

(ii) Keep records for two years documenting attendance or description of the learning;

(iii) Be prepared to validate, through submission of these records, that attendance or learning has taken place.)) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8. Alternatives to formal coursework may be in the form of video tapes, professional journal articles, periodicals, or audio tapes, that contain current or updated information.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, 246-937-080, filed 1/31/95, effective 3/3/95.]

AMENDATORY SECTION (Amending WSR 94-19-098, filed 9/21/94, effective 10/22/94)

WAC 246-937-990 Veterinary medication clerk fees and renewal cycle. ((The following fees shall be charged by the professional licensing division of the department of health:)) (1) Certificates must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:

Title of Fee Fee

Initial ((registration)) certification $24.00

Renewal 24.00

Late renewal penalty 11.00

Expired certification reissuance 24.00

Duplicate ((registration)) certification 10.00

[Statutory Authority: Chapter 34.05 RCW. 94-19-098, 246-937-990, filed 9/21/94, effective 10/22/94.]

Legislature Code Reviser

Register

Washington State Code Reviser's Office