WSR 06-13-012

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed June 9, 2006, 1:36 p.m. , effective July 1, 2006 ]


Effective Date of Rule: July 1, 2006.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The agency is setting an effective date of July 1, 2006. An effective date earlier than thirty-one days is necessary under RCW 34.05.380 (3)(a), because chapter 372, Laws of 2006 (ESSB 6386), the supplemental operating budget, requires that fees for initial and renewal licensure of midwives be no more than $450 between July 1, 2006, and June 30, 2007.

Purpose: This rule reduces midwifery fees in accordance with chapter 372, Laws of 2006 (ESSB 6386) which requires that fees for initial and renewal licensure of midwives be no more than $450 between July 1, 2006, and June 30, 2007. The legislation provides additional funding to offset the reduced income. It also reduces the late renewal penalty from $300 to $225, which is in alignment with an internal policy that provides a standardized process for calculating renewal penalty fees. This rule will become effective on July 1, 2006, as required by the legislation (RCW 34.05.380 (3)(a)).

Citation of Existing Rules Affected by this Order: Amending WAC 246-834-990.

Statutory Authority for Adoption: Chapter 372, Laws of 2006; RCW 43.70.250 and 18.50.135.

Adopted under notice filed as WSR 06-08-105 on April 5, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 8, 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.]

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