WSR 05-13-186

PROPOSED RULES

DEPARTMENT OF HEALTH


(Chiropractic Quality Assurance Commission)

[ Filed June 22, 2005, 8:45 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-01-199.

Title of Rule and Other Identifying Information: WAC 246-808-135 Licensure by endorsement, this rule outlines the requirements for licensure by endorsement as a chiropractor when coming to Washington state from another jurisdiction.

Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Tumwater, WA 98501, on September 8, 2005, at 9:30 a.m.

Date of Intended Adoption: September 8, 2005.

Submit Written Comments to: Karen Kelley, P.O. Box 47869, Olympia, WA 98504-7869, e-mail http://www3.doh.wa.gov/policyreview, fax (360) 236-4918, by August 5, 2005.

Assistance for Persons with Disabilities: Contact Karen Kelley by August 25, 2005, TTY 711 or (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendment will streamline the credentialing process by removing unnecessary barriers to licensed chiropractors who are in good standing in other jurisdictions. Specifically, the proposal will reduce the amount of time and cost for chiropractors from other jurisdictions to apply for a license by endorsement. The rule amendment removes the requirement for taking the National Board of Chiropractic Examiners Special Purpose Examination for Chiropractors (SPEC) that are credentialed in another jurisdiction. Elimination of the SPEC requirement will save applicants with a license in another jurisdiction time and over $825.00. The proposed rule change identifies that a minimum passing score of 95% is required on the written Washington state jurisprudence examination. Under this proposed change, the SPEC will no longer be a requirement of licensure by endorsement for candidates from other jurisdictions who are in good standing. This will save applicants time and over $825.00.

The proposed rule change identifies the minimum passing score of 95% on the written state jurisprudence examination. This minimum passing score is the current standard. Placing the score in rule will clarify the rules.

Reasons Supporting Proposal: The current rule creates an unnecessary barrier to licensure for qualified chiropractors. Amending the rule will eliminate the barrier, saving applicants significant time and money.

Statutory Authority for Adoption: RCW 18.25.0171.

Statute Being Implemented: RCW 18.25.040.

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

Name of Proponent: Chiropractic Quality Assurance Commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Karen Kelley, PPE, P.O. Box 47869, Olympia, WA 98504-7869, (360) 236-4856.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not necessary under chapter 19.85 RCW. This rule does not impose additional costs on individuals who must comply with the rule. Rule amendments remove licensing barriers for applicants currently licensed in another jurisdiction that will save time, and over $825.00 per applicant.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Karen Kelley, Chiropractic Quality Assurance Commission, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4856, fax (360) 236-4918, e-mail karen.kelley@doh.wa.gov.

June 3, 2005

Karen Kelley

Program Manager

OTS-8122.1


AMENDATORY SECTION(Amending WSR 00-17-180, filed 8/23/00, effective 9/23/00)

WAC 246-808-135   Licensure by endorsement.   RCW 18.25.040 authorizes the commission to grant licensure for endorsement to individuals to practice chiropractic under the laws of any other state, territory of the United States, the District of Columbia, Puerto Rico, or province of Canada, if the commission determines an applicant has qualifications that are substantially equivalent to the requirements in this section.

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 that the applicant, at the time of application under this section:

(a) ((That the license)) Is licensed 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) ((That the)) Has credentials and qualifications that are substantially equivalent to ((the)) Washington state's 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)) (d) Has not been convicted of a crime, if ((such)) the crime would be grounds for the ((refusal)) denial, suspension, or revocation of a license to practice chiropractic in ((this)) the state ((if committed in the state)) of Washington;

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

(((g))) (f) Of passing an open book written jurisprudence examination ((and National Board of Chiropractic Examiners Special Purpose Examination for Chiropractors (SPEC))) with a minimum passing score of ninety-five percent.

[Statutory Authority: RCW 18.25.0171 and 18.25.030. 00-17-180, 246-808-135, filed 8/23/00, effective 9/23/00. Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-135, filed 8/6/96, effective 9/6/96.]

Washington State Code Reviser's Office