WSR 03-15-105

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 21, 2003, 11:24 a.m. ]

Original Notice.

Title of Rule: WAC 246-12-040 How to return to active status when a credential has expired.

Purpose: To allow expanded opportunity for credential holders to renew in person at the Department of Health.

Other Identifying Information: This proposal was originally filed using the expedited adoption process (WSR 02-09-042, April 12, 2002). However, since the department received an objection, the process is continuing through the regular proposal process, per RCW 34.95.353(8).

Statutory Authority for Adoption: RCW 43.70.280.

Statute Being Implemented: RCW 43.70.280.

Summary: The proposed change would allow the late penalty fee for health professionals to be waived if payment is made on the first business day after the expiration date, if the expiration date falls on a day the Department of Health is closed.

Reasons Supporting Proposal: This rule change will benefit those we credential by allowing greater opportunity for persons to renew their credentials in person without a penalty.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Dale, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4985.

Name of Proponent: Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed change would allow the late penalty fee for health professionals to be waived if payment is made on the first business day after the expiration date, when the expiration date falls on a day the Department of Health is closed. The purpose of the rule is to allow expanded opportunity for credential holders to renew in person at the Department of Health. This change will benefit those we credential by allowing greater opportunity for persons to renew their credentials in person without a penalty.

Proposal Changes the Following Existing Rules: The proposed change would allow the late penalty fee to be waived if payment is made on the first business day after the expiration date, if the expiration date falls on a day the Department of Health is closed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 requires agencies to prepare a small business economic impact statement (SBEIS) if a proposed rule imposes more than minor costs on small businesses. This proposal imposes no costs on small businesses; therefore no SBEIS is required.


Small Business Economic Impact Statement


I. What does the rule or rule amendment require?

This rule amendment allows the penalty for late payment of renewals for health professional credentials to be waived if it expires on a day the department is closed for business, and is received in the Department of Health (DOH), Health Professions Quality Assurance main office on the next business day.

II. What industries (4 digit table here) are affected?, 8011 Offices and Clinics of Doctors of Medicine, 8021 Offices and Clinics of Dentists, 8031 Offices and Clinics of Doctors of Osteopathy, 8041 Offices and Clinics of Chiropractors, 8042 Offices and Clinics of Optometrists, 8043 Offices and Clinics of Podiatrists, 8049 Offices and Clinics of Health Practitioners, not elsewhere classified, 8051 Skilled Nursing Care Facilities, 8052 Intermediate Care Facilities, 8059 Nursing and Personal Care Facilities, not elsewhere classified, 8062 General Medical and Surgical Hospitals, 8063 Psychiatric Hospitals, 8069 Specialty Hospitals, except psychiatric, 8071 Medical Laboratories, 8072 Dental Laboratories, 8082 Home Health Care Services, 8092 Kidney Dialysis Centers, 8093 Specialty Outpatient Facilities, not elsewhere classified, 8099 Health and Allied Services, not elsewhere classified.

III. List the RCW that says DOH is not required to do an SBEIS because:

A. Were the rule costs minor? Waiving the penalty fee in certain circumstances will not create any costs to businesses. RCW 19.85.030 (1)(a) requires an SBEIS if there are more than minor costs to small businesses.

B. Does it only affect government operations? There will be a minor cost to government operations by waiving the late fee.

IV. Explanation of why:

a. If the rule costs were minor list them and explain why they were minor. There are no costs to small businesses therefore no SBEIS is required.

RCW 34.05.328 does not apply to this rule adoption. The proposed amendment is exempt under RCW 34.05.328(5), as it is a procedural rule.

Hearing Location: Department of Health, 310 Israel Road, Room 139, Tumwater, WA 98501, on August 28, 2003, at 10:00.

Assistance for Persons with Disabilities: Contact Mary Dale by August 21, 2003, TDD (800) 833-6388.

Submit Written Comments to: Mary Dale, P.O. Box 47860, Olympia, WA 98504-7860, fax (360) 236-4626, by August 21, 2003.

Date of Intended Adoption: August 28, 2003.

July 19, 2003

M. C. Selecky

Secretary

OTS-5547.2


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

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. The practitioner must not practice until the credential is returned to active status.

(2) 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)) late penalty fee will be waived if:

(a) The credential expires on a day the department is closed for business; and

(b) Payment is received at the department of health, health professions quality assurance main office on the next business day.

(((2))) (3) 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.

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-12-040, filed 2/13/98, effective 3/16/98.]

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