WSR 05-03-008

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Physical Therapy)

[ Filed January 6, 2005, 10:55 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-24-069.

Title of Rule and Other Identifying Information: WAC 246-915-350 Inactive credential and 246-915-990 Physical therapy fees and renewal cycle, RCW 18.74.073 states any physical therapist licensed not practicing physical therapy or providing services may place his or her license in an inactive status. This statute requires the Washington State Board of Physical Therapy to set requirements for maintaining an inactive status and converting from an inactive or active status.

Hearing Location(s): Department of Health, 1610 N.E., 150th Street, Room S4, Shoreline, WA 98155, on March 15, 2005, at 9:30 a.m.

Date of Intended Adoption: March 15, 2005.

Submit Written Comments to: Kris Waidely, 310 Israel Road S.E., Tumwater, WA 98501, e-mail kris.waidely@doh.wa.gov, fax (360) 664-9077, by March 4, 2005.

Assistance for Persons with Disabilities: Contact Kris Waidely by March 4, 2005, TTY (800) 833-6388 or (360) 236-4847.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, if a practitioner's license has expired for over three years and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must retake and pass the national examination. The statute allows physical therapists to place their license in an inactive status. Since the board did not have rules describing the requirements for maintaining and converting from an inactive status, practitioners have been unable to exercise this option. The proposed amendments to WAC 246-915-350 and 246-915-990 address these concerns by allowing a licensee to place his or her license in an inactive status, if the licensee is not practicing physical therapy.

Reasons Supporting Proposal: The proposal ensures the board's rules reflect the statutory requirements for an inactive license category. The proposal also allows practitioners to maintain licenses without being penalized through late fees or the requirement to retake and pass the national examination.

Statutory Authority for Adoption: RCW 18.74.073.

Statute Being Implemented: RCW 18.74.073.

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, 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. The rule change does not impose more than minor costs to the businesses impacted by the rule, therefore a small business economic impact statement is not required under chapter 19.85 RCW.

The proposed rule for the inactive credential poses an annual credential cost of $35.00. This rule would allow a practitioner to place their credential in an inactive status while they are not practicing or delivering physical therapy services. Under the Regulatory Fairness Act (chapter 19.85 RCW), a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The more than minimum cost threshold from "804 Office of Clinics and Other Healthcare Practitioners" is set at $110.00. The new cost to implement the proposed rule does not exceed the threshold therefore, a small business economic impact statement is not required.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required under RCW 34.05.328 because the proposed rule does not subject a person to a penalty. The proposed rule restates existing Washington statute and rule without material change.

December 8, 2004

Kris Waidely

Program Manager

OTS-7073.3


NEW SECTION
WAC 246-915-350   Inactive credential.   (1) A physical therapist 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; and

(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 pass the examination as provided in RCW 18.74.035. The board may waive reexamination if the practitioner presents evidence of continuing competency satisfactory to the board; and

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

[]

OTS-7518.1


AMENDATORY SECTION(Amending WSR 99-08-101, filed 4/6/99, effective 7/1/99)

WAC 246-915-990   Physical therapy fees and renewal cycle.   (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged:


Title of Fee Fee
Application $100.00
License renewal 65.00
Late renewal penalty 50.00
Inactive license renewal 35.00
Expired inactive license reissuance 50.00
Expired license reissuance 50.00
Duplicate license 15.00
Certification 25.00

[Statutory Authority: RCW 43.70.250. 99-08-101, 246-915-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-915-990, filed 2/13/98, effective 3/16/98. 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.]

Washington State Code Reviser's Office