WSR 08-09-101

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 21, 2008, 2:07 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-17-036.

Title of Rule and Other Identifying Information: New section WAC 246-830-490 Intraoral massage training.

Hearing Location(s): Oxford Suites, 1701 East Yakima Avenue, Yakima, WA 98901, on June 2, 2008, at 9:15 a.m.

Date of Intended Adoption: June 16, 2008.

Submit Written Comments to: Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by May 26, 2008.

Assistance for Persons with Disabilities: Contact Kris Waidely by May 16, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules identify the training requirements for licensed massage practitioners to apply for an intraoral massage endorsement.

Reasons Supporting Proposal: Rules are required by statute. This rule defines the training requirements for licensed massage practitioners to perform intraoral massage. Without the rule, massage practitioners would not be able [to] apply for the endorsement and perform intraoral massage.

Statutory Authority for Adoption: Chapter 18.108 RCW.

Statute Being Implemented: Chapter 18.108 RCW, SHB 1397 (chapter 272, Laws of 2007).

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

Name of Proponent: Department of health (DOH), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kris Waidely, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4847.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Briefly Describe the Proposed Rule: The proposed rules identify the training required for a licensed massage practitioner to apply for an endorsement to perform intraoral massage. Only licensed massage practitioners that perform intraoral massage will be required to apply for this endorsement. The cost for the endorsement is $25.

2. Is a Small Business Economic Impact Statement (SBEIS) Required for this Rule? No. DOH has reviewed this proposal and has determined that no SBEIS is required because the rule does not impose more than minor costs on affected businesses. Under the Regulatory Fairness Act (chapter 19.85 RCW), an SBEIS is required whenever a regulation imposes "more than minor" costs on a regulated business. The more than minimum cost threshold from "804 Office of Clinics and Other Healthcare Practitioners" is set at $110.00. The new cost to implement the proposed rule does not exceed the threshold, therefore, an SBEIS is not required.

A copy of the statement may be obtained by contacting Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.

April 18, 2008

Mary C. Selecky

Secretary

and Karin Olsen

Board Chair

OTS-1441.2


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

WAC 246-830-990   Massage 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 nonrefundable fees will be charged:


Title of Fee Fee
Written examination and reexamination $65.00
Practical examination and reexamination 50.00
Initial license ((50.00)) 90.00
Renewal ((25.00)) 65.00
Late renewal penalty ((25.00)) 50.00
Expired license reissuance ((25.00)) 50.00
Certification of license 10.00
Duplicate license 10.00
Intraoral massage endorsement 25.00
UW library access fee 25.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-830-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 03-07-095, 246-830-990, filed 3/19/03, effective 7/1/03; 99-08-101, 246-830-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-830-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.108.025(1). 95-11-108, 246-830-990, filed 5/23/95, effective 6/23/95. Statutory Authority: RCW 43.70.250. 93-14-011, 246-830-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 18.108.085 and 43.70.250. 92-02-018 (Order 224), 246-830-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-830-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 88-24-042 (Order PM 788), 308-51-210, filed 12/6/88; 87-18-031 (Order PM 667), 308-51-210, filed 8/27/87.]

Washington State Code Reviser's Office