WSR 06-09-029

PROPOSED RULES

DEPARTMENT OF HEALTH


(Medical Quality Assurance Commission)

[ Filed April 12, 2006, 4:39 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-23-095.

Title of Rule and Other Identifying Information: WAC 246-919-360 Examinations accepted for reciprocity or waiver.

Hearing Location(s): Holiday Inn Select, One South Grady Way, Renton, WA 98055, on July 14, 2006, at 8:00 a.m.

Date of Intended Adoption: July 14, 2006.

Submit Written Comments to: Beverly A. Thomas, Program Manager, P.O. Box 47866, Olympia, WA 98504, e-mail [web site] http://www3.doh.wa.gov/policyreview/, fax (360) 236-4788, by June 15, 2006.

Assistance for Persons with Disabilities: Contact Beverly Thomas by June 15, 2006, TTY (800) 833-6388 or 711 or (360) 236-4788.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Prior to 1974, each state used their own medical licensure examination to determine a minimum level of competency of applicants. According to the current rule, Washington state accepts all other state examination with the exception of Hawaii and Florida. The medical quality assurance commission (commission) is proposing amending the rule to repeal the exclusionary language regarding the Florida and Hawaii state examinations. The proposed rule amendment will allow all applicants who met all licensure requirements and have taken and passed a state examination to be licensed in Washington state. This will provide greater access to health care practitioners.

Reasons Supporting Proposal: Beginning in 1974, all states require passing one of the national examinations known as the National Board of Medical Examiners (NBME), the Federation Licensure Examination (FLEX), or the United State[s] Licensure Examination (USMLE), as the acceptable tool to determine a minimal level of competency. Competency is also reviewed through Washington's physician application process which verifies the examination scores, reviews all state licenses for disciplinary history, verifies residency completion and hospital privileges, and confirms the status of good standing in all states by the Federation of State Medical Boards and the American Medical Association. Any applicant that had disciplinary action taken against their license in another state, regardless of the examination, is reviewed by a panel of the commission before denying or granting a license.

Statutory Authority for Adoption: RCW 18.71.017 and 18.130.050.

Statute Being Implemented: RCW 18.71.090 and [18.71.]095.

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

Name of Proponent: Department of health, medical quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Beverly A. Thomas, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4788.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule amendment does not impose more than minor costs on small businesses under RCW 19.85.030, rather it allows all applicants who meet all licensure requirements and have taken and passes a state or national examination to be licensed in Washington state.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Beverly A. Thomas, Program Manager, P.O. Box 47866, Olympia, WA 98504, phone (360) 236-4788, fax (360) 236-4768, e-mail beverly.thomas@doh.wa.gov.

March 29, 2006

Blake T. Maresh

Executive Director

OTS-8398.1


AMENDATORY SECTION(Amending WSR 04-04-067, filed 2/2/04, effective 3/4/04)

WAC 246-919-360   Examinations accepted for reciprocity or waiver.   (1) The commission may accept certain examinations as a basis for licensure. These examinations include USMLE, FLEX, NBE, or those given by the other states, or territories of the United States((, with the exception of Florida and Hawaii)). Those who have taken the Licentiate of the Medical Council of Canada (L.M.C.C.) and holds a valid LMCC certification obtained after 1969, may be granted a license without examination.

(2) Examination combination acceptable. Any applicant who has successfully completed Part I (NBE) or Step 1 (USMLE) plus Part II or Step 2 plus Part III or Step 3; or FLEX Component 1 plus Step 3; or Part I or Step 1, plus Part II or Step 2, plus FLEX Component 2 shall be deemed to have successfully completed a medical licensure examination as required by RCW 18.71.070. (For clarification, see Table 1.)


Accepted

Examinations taken

in Sequence

Other Acceptable

Combinations

NBME Part I

plus

NBME Part II

plus

NBME Part III

NBME Part I or USMLE Step 1

plus

NBME Part II or USMLE Step 2

plus

NBME Part III or USMLE Step 3

FLEX Component 1

plus

FLEX Component 2

FLEX Component 1

plus

USMLE Step 3

or

NBME Part I or USMLE Step 1

plus

NBME Part II or USMLE Step 2

plus

FLEX Component 2

USMLE Step 1

plus

USMLE Step 2

plus

USMLE Step 3

[Statutory Authority: RCW 18.71.017. 04-04-067, 246-919-360, filed 2/2/04, effective 3/4/04. Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-360, filed 1/17/96, effective 2/17/96.]

Washington State Code Reviser's Office