WSR 07-14-158

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 5, 2007, 11:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-20-076.

Title of Rule and Other Identifying Information: Retired volunteer medical workers: WAC 246-12-010 Definitions, this section was missed on the filing of WSR 07-14-129 and needs to be added.

Hearing Location(s): Department of Health, Rooms 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on August 10, 2007, at 9:00 a.m.

Date of Intended Adoption: August 10, 2007.

Submit Written Comments to: Susan Gragg, Department of Health, P.O. Box 47866, Olympia, WA 98504-7866, e-mail susan.gragg@doh.wa.gov, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2406, by August 1, 2007.

Assistance for Persons with Disabilities: Contact Susan Gragg by August 1, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules create a retired volunteer medical worker license classification; set conditions limiting when licensee may practice under this license; set requirements to obtain and renew the license and establish continuing competency requirements.

Reasons Supporting Proposal: Chapter 72, Laws of 2006 (passed as ESHB 1850 and codified as RCW 18.130.360) requires the department of health to create rules establishing enforceable standards for this new license category.

Statutory Authority for Adoption: RCW 18.130.050 and 18.130.360.

Statute Being Implemented: Chapter 72, Laws of 2006.

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: Susan Gragg, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4941.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules would not impose more than minor costs to businesses, if any. A copy of the statement may be obtained by contacting Susan Gragg, Department of Health, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-4941, fax (360) 236-2406, e-mail susan.gragg@doh.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Susan Gragg, Department of Health, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-4941, fax (360) 236-2406, e-mail susan.gragg@doh.wa.gov.

July 5, 2007

Mary C. Selecky

Secretary

OTS-9758.3


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-12-010   Definitions.   (1) "Business": A business is an adult family home provider owned by a corporation regulated under chapter 18.48 RCW; a pharmaceutical firm regulated under chapter 18.64 RCW; or a nursing pool regulated under chapter 18.52C RCW; or a health care assistant regulated under chapter 18.135 RCW.

(2) "Credential": A credential is a license, certification, or registration issued to a person to practice a regulated health care profession. Whether the credential is a license, certification or registration is determined by the law regulating the profession.

(3) "Declaration": A declaration is a statement signed by the practitioner on a form provided by the department of health for verifying continuing education, AIDS training, or other requirements. When required, declarations must be completed and signed to be effective verification to the department.

(4) "Disciplinary suspension": The regulatory entity places the credential in disciplinary suspension status when there is a finding of unprofessional conduct. Refer to the Uniform Disciplinary Act (RCW 18.130.160).

(5) "Local organization for emergency services or management": Has the same meaning as that found in RCW 38.52.010.

(6) "Mandated suspension": The department of health places the credential in mandated suspension status when a law requires suspension of a credential under certain circumstances. This suspension is nondiscretionary for the department of health. Examples of mandated suspension are default on a student loan and failure to pay child support. The practitioner may not practice while on mandated suspension. The credential must be returned to active status before the practitioner may practice. See Part 6 of this chapter.

(((6))) (7) "Practitioner": A practitioner is an individual health care provider listed under the Uniform Disciplinary Act, RCW 18.130.040.

(((7))) (8) "Regulatory entities": A "regulatory entity" is a board, commission, or the secretary of the department of health designated as the authority to regulate one or more professions or occupations in this state. Practitioner health care practice acts and the Uniform Disciplinary Act (UDA) designate whether it is a board, commission, or the secretary of the department of health which has the authority to adopt rules, discipline health care providers, and determine requirements for initial licensure and continuing education requirements.

The regulatory entity determines whether disciplinary action should be taken on a credential for unprofessional conduct. These actions may include revocation, suspension, practice limitations or conditions upon the practitioner.

(((8))) (9) "Renewal": Every credential requires renewal. The renewal cycle is either one ((year or)), two, or three years, depending on the profession.

(((9))) (10) "Secretary": The secretary is the secretary of the department of health or his or her designee.

(((10))) (11) "Status": All credentials are subject to the Uniform Disciplinary Act (UDA) regardless of status. A credential status may be in any one of the following:

(a) Most credentials are in "active" status. These practitioners are authorized to practice the profession. These practitioners need to renew the credential each renewal cycle. See Part 2 of this chapter.

(b) The department of health places the credential in "expired" status if the credential is not renewed on time. While in expired status, the practitioner is not authorized to practice. Practice on an expired status is a violation of law and subject to disciplinary action. See Part 2 of this chapter.

(c) A practitioner may place the credential in "inactive" status if authorized by the regulatory entity. This means the practitioner is not practicing the profession. See Part 4 of this chapter.

(d) A practitioner may place the credential in "retired active" status if authorized by the regulatory entity. This means the practitioner can practice only intermittently or in emergencies. See Part 5 of this chapter.

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-12-010, filed 2/13/98, effective 3/16/98.]

Washington State Code Reviser's Office