WSR 05-15-115

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 18, 2005, 12:17 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-840-990 Fees and renewal cycle, for all licensed practical (LPN) and registered nursing (RN). This proposal creates a surcharge fee of five dollars for a nursing center.

Hearing Location(s): Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on August 23, 2005, at 1:00 p.m.

Date of Intended Adoption: August 25, 2005.

Submit Written Comments to: Kendra Pitzler, P.O. Box 47864, Olympia, WA 98504-7864, rules comment web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4738, by August 16, 2005.

Assistance for Persons with Disabilities: Contact Kendra Pitzler by August 9, 2005, TTY (800) 833-6388 or (360) 236-4723.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to implement chapter 268, Laws of 2005. This rule creates a fee of five dollars for a nursing center for all LPN and RN applications and renewals. The department, in consultation with the WorkForce Training and Education Coordinating Board and the Nursing Care Quality Assurance Commission, will use the proceeds to provide grants to a nonprofit central nursing resource center. The activities of the nursing resource center are to include: Maintaining information on the current and projected supply and demand of nurses; monitoring and validating trends in the applicant pool for programs in nursing; facilitating partnerships between the nursing community and other health care providers and entities; evaluating the effectiveness of nursing education among programs; providing consultation and technical assistance relating to nursing resources; promoting strategies to enhance patient safety; and educating the public about opportunities and careers in nursing.

Reasons Supporting Proposal: It will allow the department to award grants to a nonprofit central nurse resource center to perform functions such as: Study the supply and demand of nurses; monitor trends in the applicant pool for nursing programs; facilitate partnerships between the nursing community and other health care providers and entities; and evaluate the effectiveness of nursing education.

Statutory Authority for Adoption: RCW 43.70.10 [43.70.110], 43.70.250, and chapter 268, Laws of 2005.

Statute Being Implemented: Chapter 268, Laws of 2005.

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 and Implementation: Kendra Pitzler, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4723; Enforcement: Paula Meyer, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4713.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department did not conduct a small business economic impact statement under RCW 19.85.025(3). The rule is exempt under RCW 34.05.310 (4)(f) "rules that set or adjust fees or rates pursuant to legislative standards." The rule sets a nursing center surcharge fee as required by chapter 268, Laws of 2005.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from the cost-benefit analysis requirement under RCW 34.05.328 (5)(b)(vi) "rules that set or adjust fees or rates pursuant to legislative standards."

July 18, 2005

B. White

for Mary C. Selecky

Secretary

OTS-8170.1


AMENDATORY SECTION(Amending WSR 05-12-012, filed 5/20/05, effective 7/1/05)

WAC 246-840-990   Fees and renewal cycle.   (1) Applicants for a practical nurse or registered nurse license must pay the application fee and the nursing center surcharge fee when applying for a license. Licenses for practical nurse and registered nurse must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. Practical nurses and registered nurses must pay the renewal fee and the nursing center surcharge fee when renewing licenses. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(2) Licenses for advanced registered nurse must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(3) Registrations for nursing technicians must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. The renewal must be accompanied by an attestation as described in chapter 258, Laws of 2003. This attestation will include the nursing technician's anticipated graduation date. If the anticipated graduation date is within one year, the registration will expire thirty days after the anticipated graduation date. The expiration date may be extended to sixty days after graduation if the nursing technician can show good cause as defined in WAC 246-840-010(15). The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(4) The following nonrefundable fees shall be charged by the health professions quality assurance division of the department of health. Persons who hold an RN and an LPN license shall be charged separate fees for each license. Persons who are licensed as an advanced registered nurse practitioner in more than one specialty will be charged a fee for each specialty:


RN/LPN fees:


Title of Fee Fee
Application (initial or endorsement) $65.00
License renewal 50.00
Late renewal penalty 50.00
Expired license reissuance 50.00
Inactive renewal 20.00
Expired inactive license reissuance 20.00
Inactive late renewal penalty 10.00
Duplicate license 20.00
Verification of licensure/education (written) 25.00
Nursing center surcharge 5.00

Advanced registered nurse fees:


Title of Fee Fee
ARNP application with or without prescriptive authority (per speciality)

$65.00

ARNP renewal with or without prescriptive authority (per speciality)

50.00

ARNP late renewal penalty (per speciality) 50.00
ARNP duplicate license (per speciality) 20.00
ARNP written verification of license

(per speciality)

25.00


Nurse technologist fees:


Title of Fee Fee
Application fee registration $130.00
Renewal of registration 90.00
Duplicate registration 15.00
Registration late renewal penalty 50.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-840-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250 and chapter 18.79 RCW. 04-04-054, 246-840-990, filed 1/30/04, effective 1/30/04. Statutory Authority: RCW 43.70.280. 98-05-060, 246-840-990, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.79 RCW. 97-23-075, 246-840-990, filed 11/19/97, effective 1/12/98. Statutory Authority: RCW 18.79.200. 95-12-021, 246-840-990, filed 5/31/95, effective 7/1/95.]

Washington State Code Reviser's Office