WSR 04-20-068

PROPOSED RULES

STATE BOARD OF HEALTH


(Board of Physical Therapy)

[ Filed October 4, 2004, 12:39 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-178.

Title of Rule and Other Identifying Information: WAC 246-915-050 Reinstatement, if a practitioner has allowed their license to expire for over three years and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must successfully pass the examination as provided in RCW 18.74.035, and meet the requirements of chapter 246-12 WAC, Part 2. Rules are required to allow the board to waive reexamination and to impose any other requirements necessary to ensure professional competence before allowing the practitioner to reinstate their license to practice. In addition, rules are required to change the current title of the rule from "expired license" to "reinstatement." The change better describes the intent of the section.

Hearing Location(s): Department of Health, 310 Israel Road S.E., Room 152, Tumwater, WA 98501, on November 16, 2004, at 9:30 a.m.

Date of Intended Adoption: November 16, 2004.

Submit Written Comments to: Kris Waidely, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, e-mail kris.waidely@doh.wa.gov, fax (360) 664-9077, by November 5, 2004.

Assistance for Persons with Disabilities: Contact Kris Waidely, Program Manager, by November 5, 2004, TTY (800) 833-6388 or (360) 236-4847.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule gives the board latitude in determining whether or not an individual has maintained some level of professional competence. Proof of professional competence should not be limited to reexamination except where no other alternatives exist. Under the proposal the board could require a period of clinical observation to assure the public that the practitioner is apprised of current practices and trends. Currently, the rules require reexamination for a practitioner whose license has been expired for two years and has not been in active practice in another United States jurisdiction. The board fees two years is too restrictive and would like the term changed to three years.

Reasons Supporting Proposal: The proposed rule creates a reasonable opportunity for applicants to show, on a case-by-case basis, proof of competence through clinical observations, proof of professional practice in a related or allied health care field, etc. Increasing clarity in the language benefits those seeking reinstatement. The board worked closely with stakeholders to develop a rule that was worded in a way that recognizes the board's expertise in these matters but at the same time, does not limit reinstatement applicants to retaking the national exam, which if failed, could jeopardize their licensure status in other states. The change of language does not create any new requirements and there is no added financial impact.

Statutory Authority for Adoption: RCW 18.74.023.

Statute Being Implemented: RCW 18.74.023.

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

Name of Proponent: Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kris Waidely, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4847.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the cost to implement the proposed rules does not exceed the threshold. The more than minimum cost threshold from "804 Office of Clinics and Other Healthcare Practitioners" is set at $110.00.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kris Waidely, P.O. Box 47868, Olympia, WA 98504-7868, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.

August 30, 2004

Kris Waidely

Program Manager

OTS-7066.1


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

WAC 246-915-050   ((Expired license.)) Reinstatement.   (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)) meet the requirements of chapter 246-12 WAC, Part 2. Before recommending reinstatement, the board may require reexamination and may impose any other requirements necessary to ensure professional competence and protect the public.

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-915-050, filed 2/13/98, effective 3/16/98. 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.]

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