WSR 05-17-046

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed August 9, 2005, 1:34 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: The proposed rule repeals all rules relating to joint practice arrangements, specifically: WAC 246-853-221 How do advanced registered nurse practitioners qualify for prescriptive authority for Schedule II-IV drugs?, 246-853-222 Criteria for joint practice arrangement, 246-853-223 Endorsement of joint practice arrangements for ARNP licensure, 246-853-224 Process for joint practice arrangement termination, 246-853-225 Seventy-two-hour limit, 246-853-226 Education for prescribing Schedule II-IV drugs, and 246-853-227 Jurisdiction.

Hearing Location(s): Board of Osteopathic Medicine and Surgery, St. Francis Hospital, 34515 9th Avenue South, Federal Way, WA 98003, on November 4, 2005, at 10 a.m.

Date of Intended Adoption: November 4, 2005.

Submit Written Comments to: Arlene Robertson, P.O. Box 47866, Olympia, WA 98504-7864, rules comment web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2406, by October 28, 2005.

Assistance for Persons with Disabilities: Contact Arlene Robertson by October 21, 2005, TTY (800) 833-6388 or (360) 236-4945.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal repeals rules that pertain to joint practice arrangements between advanced registered nurse practitioners and osteopathic physicians for prescribing controlled substances, Schedules II-IV.

Reasons Supporting Proposal: The proposal implements HB 1479, chapter 28, Laws of 2005, by eliminating the need for ARNPs to acquire and submit joint practice arrangements in order to receive an endorsement from the department allowing them to prescribe drugs on Schedules II through IV. By eliminating this requirement, there is no longer a need for the joint practice arrangements. This will help increase access to care and reduce costs to the consumer.

Statutory Authority for Adoption: RCW 18.57.005, 18.57.280.

Statute Being Implemented: Chapter 28, 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, Implementation and Enforcement: Arlene A. Robertson, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4945.

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 because the chapter does not apply to rules that adopt or incorporate by reference and without material changes Washington state statutes per RCW 34.05.310 (4)(c).

A cost-benefit analysis is not required under RCW 34.05.328. A cost benefit analysis is not required under RCW 34.05.328 (5)(b)(iii) because it adopts a Washington state statute by reference and without material changes.

July 14, 2005

Maryella E. Jansen

for Blake T. Maresh

Executive Director

Board of Osteopathic

Medicine and Surgery

OTS-8159.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 246-853-221 How do advanced registered nurse practitioners qualify for prescriptive authority for Schedule II - IV drugs?
WAC 246-853-222 Criteria for joint practice arrangement.
WAC 246-853-223 Endorsement of joint practice arrangements for ARNP licensure.
WAC 246-853-224 Process for joint practice arrangement termination.
WAC 246-853-225 Seventy-two-hour limit.
WAC 246-853-226 Education for prescribing Schedule II - IV drugs.
WAC 246-853-227 Jurisdiction.

Washington State Code Reviser's Office