WSR 06-08-105

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 5, 2006, 10:35 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 256-834-990 Midwifery fees and renewal cycle, this proposal adjusts fees for licensed midwives in accordance with the 2006 supplemental operating budget, ESSB 6386. The supplemental budget requires that the fees for initial licensure and renewal be no more than $450 from July 1, 2006, through June 30, 2007.

Hearing Location(s): Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on May 26, 2006, at 9:00 a.m.

Date of Intended Adoption: June 1, 2006.

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 May 25, 2006.

Assistance for Persons with Disabilities: Contact Kendra Pitzler by May 12, 2006, TTY 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the rule is to implement the requirement in the 2006 supplemental operating budget to decrease initial and renewal licensure fees for midwives to no more than $450 from July 1, 2006, through June 30, 2007. The late renewal penalty will also be decreased to 50% of the renewal fee, in accordance with internal policies. The supplemental operating budget also allocates general fund money of $115,000 to the midwifery program to offset the reduced fees.

Reasons Supporting Proposal: By law, the midwifery program must be supported through licensure fees. The legislature has now directed the fees be reduced and has provided $115,000 to off-set the reduced fees.

Statutory Authority for Adoption: RCW 43.70.250, 18.50.135 and 2006 operating budget (ESSB 6386).

Statute Being Implemented: Chapters 43.70 and 18.50 RCW, 2006 operating budget (ESSB 6386).

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. Under RCW 19.85.025(3) agencies are not required to prepare a small business economic impact statement if the rule change adjusts fees according to legislative standards per RCW 34.05.310 (4)(f).

A cost-benefit analysis is not required under RCW 34.05.328. A preliminary cost-benefit analysis is not required for rules that adjust fees pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

April 5, 2006

Mary C. Selecky

Secretary

OTS-8392.3


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

WAC 246-834-990   Midwifery 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. 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) The following fees are nonrefundable:


Title of Fee Fee
Initial application $((515.00))

450.00

National examination administration (initial/retake)

103.00

State examination (initial/retake) 154.50
Renewal ((978.75))

450.00

Late renewal penalty ((300.00))

225.00

Duplicate license 25.00
Certification of license 25.00
Application fee -- Midwife-in-training program 978.75
Expired license reissuance 300.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-834-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250 and 18.50.135. 04-22-113, 246-834-990, filed 11/3/04, effective 2/17/05. Statutory Authority: RCW 43.70.250, 2001 2nd sp.s. c 7 and RCW 18.50.102. 01-23-101, 246-834-990, filed 11/21/01, effective 1/21/02. Statutory Authority: RCW 18.50.102 and 43.70.250. 98-11-069, 246-834-990, filed 5/19/98, effective 7/13/98. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-834-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-115-405, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 18.50.135. 89-08-008 (Order PM 827), 308-115-405, filed 3/24/89. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), 308-115-405, filed 8/27/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-115-405, filed 8/10/83. Formerly WAC 308-115-400.]

Washington State Code Reviser's Office