WSR 00-13-094

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed June 21, 2000, 9:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-10-110.

Title of Rule: WAC 246-808-105, 246-808-115, 246-808-120 and 246-808-135, Chiropractic licensure -- Examinations -- Licensure by endorsement.

Purpose: The purpose of these rule changes is to allow chiropractic applicants to take one national examination instead of a state administered written and practical examination. This process will decrease license issuance time.

Statutory Authority for Adoption: RCW 18.25.0171.

Statute Being Implemented: RCW 18.25.030.

Summary: WAC 246-808-105 requires Parts III and IV of the national examination. Eliminates two photos be [being] required on the application and changes examination fee to application fee. WAC 246-808-115 requires Parts III and IV of the national examination. Requires all applicants to pass open book written jurisprudence examination with a score of 95%. WAC 246-808-120, repeal since examination scores are now included in WAC 246-808-115. WAC 246-808-135 requires the passing of the special purpose examination for chiropractors and open book written jurisprudence examination for individuals applying by endorsement.

Reasons Supporting Proposal: Adopting National Boards Parts III and IV will benefit students who are applicants because it is administered at the chiropractic colleges where they are enrolled. Since no chiropractic schools exist in Washington current rules require applicants to travel to Washington to take the exam.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Connie M. Glasgow, 1300 S.E. Quince, Olympia, WA, (360) 236-4871.

Name of Proponent: Chiropractic Quality Assurance Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal amends three rules, WAC 246-808-105 Chiropractic licensure -- Initial eligibility and application requirements, 246-808-115 Examinations, and 246-808-135 Licensure by endorsement. By amending these rules it will allow chiropractic applicants to take one national examination and be qualified for licensure in a variety of states. Accepting the national examination will eliminate administering a Washington state chiropractic practical x-ray and practical technique examination. This will save the applicants time and money since the national board examinations are administered on the chiropractic college campus. By requiring the National Board of Chiropractic Examiners, Special Purposes Examination for Chiropractic (SPEC) for individuals who want to apply by endorsement. This examination will assess licensed or previously licensed chiropractic practitioners in areas reflecting clinical conditions encountered in general practice.

Repealing one rule, WAC 246-808-120 Examination scores, will delete another unnecessary rule as the passing score can be included in WAC 246-808-115. These changes will simplify the licensure process allowing licenses to be issued in a more timely fashion making a positive effect to those applicants who need to get licensed to begin working so they can begin paying off their student loans.

Proposal Changes the Following Existing Rules: WAC 246-808-105 adds successfully completed National Board of Chiropractic Examiners test Parts III and IV to the already existing rule. WAC 246-808-115 adds Parts III and IV along with requiring a passing score of 95% on the open book written jurisprudence examination. WAC 246-808-120, repeal.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

The total annual cost to applicants is $850. The cost to implement the proposed standard is in excess of the minor cost threshold for SIC 804, Office of Other Providers, which is $110.00. As the cost to implement the proposal exceeds the minor cost threshold a small business economic impact statement is necessary.

The Regulatory Fairness Act defines a business as any "entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit." The act defines a small business as one that employs less than fifty individuals. As each practitioner must obtain a separate, individual credential the proposed rule will only affect individuals. From the perspective of the Regulatory Fairness Act, all affected businesses are small. When all affected businesses are small businesses, the rule cannot impose disproportionate costs.

A copy of the statement may be obtained by writing to Connie Glasgow, Department of Health, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4871, fax (360) 753-0657.

RCW 34.05.328 applies to this rule adoption. These rules are qualifications for licensure.

Hearing Location: Roadway Inn Suites, 185 Highway 2, Leavenworth, WA 98826, on July 27, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Connie Glasgow by July 14, 2000, TDD (800) 833-6388.

Submit Written Comments to: Connie Glasgow, Mailstop 47867, Olympia, Washington 98504-7867, e-mail connie.glasgow@doh.wa.gov, fax (360) 753-0657, by July 25, 2000.

Date of Intended Adoption: July 27, 2000.

June 9, 2000

Gail Zimmerman

Executive Director

OTS-4108.1


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

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, III and IV.

(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)) one recent photos.

(b) The ((examination)) application fee.      (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, III and IV.

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

[Statutory Authority: RCW 43.70.280.      98-05-060, § 246-808-105, filed 2/13/98, effective 3/16/98.      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 246-808-115
Examinations.

(1) In order to be eligible to take the commission administered examination, all applicants shall satisfactorily pass the National Board of Chiropractic Examiners test parts I ((and)), II, III and IV which covers the subjects set forth in RCW 18.25.030.

(2) ((The commission's written examination includes the law relating to chiropractic.

(3) The commission's practical examination contains the following sections:

(a) Practical x-ray;

(b) Practical technique.)) All applicants shall pass the open book written jurisprudence examination.

(3) The minimum passing score is 95%.

[Statutory Authority: Chapter 18.25 RCW.      96-16-074, § 246-808-115, filed 8/6/96, effective 9/6/96.]


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

WAC 246-808-135
Licensure by endorsement.

An applicant may apply for licensure by endorsement by submitting to the commission:

(1) A completed application on forms provided by the department;

(2) A fee as specified in WAC 246-808-990; and

(3) Evidence, satisfactory to the commission:

(a) Of a license to practice chiropractic in another jurisdiction including, but not limited to, another state, a territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province in Canada;

(b) Of credentials and qualifications which are equivalent to the requirements of the state of Washington for licensure by examination at the time of application under this section;

(c) That the jurisdiction in which the applicant is licensed grants similar recognition to licensees in the state of Washington;

(d) That the applicant has been engaged in the full-time practice of chiropractic, or has taught general clinical chiropractic subjects at an accredited school of chiropractic, as set forth in WAC 246-808-040, in a jurisdiction described in subsection (3)(a) of this section for at least three of the five years immediately preceding application under this section;

(e) That the applicant has not been convicted of a crime, if such crime would be grounds for the refusal, suspension, or revocation of a license to practice chiropractic in this state if committed in the state of Washington;

(f) That the applicant's license to practice chiropractic is not, at the time of application under this section, suspended or revoked in any jurisdiction, based on grounds which would be grounds for the refusal, suspension or revocation of a license to practice chiropractic in this state; and

(g) Of passing ((a jurisprudence and adjustive technique examination administered by the Washington commission of chiropractic examiners)) open book written jurisprudence examination and National Board of Chiropractic Examiners Special Purpose Examination for Chiropractors (SPEC).

[Statutory Authority: Chapter 18.25 RCW.      96-16-074, § 246-808-135, filed 8/6/96, effective 9/6/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-808-120 Chiropractic examination scores.

© Washington State Code Reviser's Office