WSR 08-16-008

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed July 24, 2008, 9:56 a.m. , effective July 25, 2008 ]


Effective Date of Rule: July 25, 2008.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 34.05.380 (3)(c) allows for an earlier adoption if there is imminent peril to public health or safety. These rules are necessary in order to continue the current level of credentialing and disciplinary activities for health care professionals. If these activities are impaired, it could put patients at risk and create a barrier to obtaining healthcare.

RCW 34.05.380 (3)(a) allows for an earlier adoption date if action is required by statute. The legislature approved an increase in fees through the 2008 budget bill (ESHB 2687, chapter 329, Laws of 2008). The rules are adopted and effective immediately upon filing.

Purpose: The rules increase the listed fees (see below) by no more than the legislature authorized (ESHB 2687, chapter 329, Laws of 2008). The rules also add a fee up to $25 for some professions for online access to the University of Washington Library (ESSB 5930, chapter 259, Laws of 2007). Some professions phase in some fees over three years. These increases are necessary for programs to remain in operation and ensure patient safety.

Citation of Existing Rules Affected by this Order: See below.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250 and ESHB 2687 (chapter 329, Laws of 2008).

Other Authority: RCW 43.70.110 and 43.70.250.

Adopted under notice filed as WSR 08-10-088 and 08-10-089 on May 6, 2008.

Changes Other than Editing from Proposed to Adopted Version: The following professions were included in the proposed rules, but are being filed separately from the fees filed and adopted July 7, 2007. The department considered comments received during the public comment period and adjusted some fees. The fee increases are effective September 1, 2008: WAC 246-809-990 Marriage and family therapist, mental health counselor, social worker, 246-810-990 Registered counselor, 246-817-990 Dentist, 246-928-990 Respiratory therapy, 246-926-990 Radiologic technologist, X-ray technician, and 246-927-990 Recreational therapy.

The following professions were filed and adopted July 7, 2008, without any changes from the proposed rules and the fee increases were effective August 1, 2008: WAC 246-802-990 Acupuncture, 246-808-990 Chiropractor and chiropractic X-ray technician, 246-811-990 Chemical dependency counselor, 246-812-990 Denturist, 246-815-990 Dental hygiene, 246-826-990 Health care assistant, 246-828-990 Hearing instrument fitter/dispenser, audiologist, and speech language pathologist, 246-830-990 Massage practitioner, 246-836-990 Naturopathic physician, 246-840-990 RN, LPN, and ARNP, 246-841-990 Nursing assistant, 246-843-990 Nursing home administrator, 246-847-990 Occupational therapy, 246-851-990 Optometry, 246-853-990 Osteopathic physician and osteopathic physician assistant, 246-907-030 Pharmaceutical licensing periods and fees, 246-915-990 Physical therapy, 246-918-990 Physician assistant, 246-919-990 Physician and surgeon, 246-922-990 Podiatry, 246-924-990 Psychology, and 246-930-990 Sex offender treatment provider and affiliate.

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 0, 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 6, 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 6, Repealed 0.

Date Adopted: July 18, 2008.

B. White

for Mary C. Selecky

Secretary

OTS-1505.3


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

WAC 246-809-990   Licensed mental health counselors, marriage and family therapists, and social workers -- 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.


Title Fee
(2) The following nonrefundable fees will be charged for licensed marriage and family therapist:
Application $((50.00)) 150.00
Initial license ((25.00)) 75.00
Renewal ((83.00)) 140.00
Late renewal penalty ((50.00)) 70.00
Expired license reissuance ((50.00)) 85.00
Duplicate license 10.00
Certification of license 10.00
(3) The following nonrefundable fees will be charged for licensed mental health counselor:
Application ((25.00)) 125.00
Initial license ((25.00)) 125.00
Renewal ((29.00)) 75.00
Late renewal penalty ((29.00)) 50.00
Expired license reissuance ((29.00)) 65.00
Duplicate license 10.00
Certification of license 10.00
UW library access fee 25.00
(4) The following nonrefundable fees will be charged for licensed advanced social worker and licensed independent clinical social worker:
Application ((25.00)) 125.00
Initial license ((25.00)) 125.00
Renewal ((42.00)) 105.00
Late renewal penalty ((42.00)) 52.50
Expired license reissuance ((42.00)) 72.50
Duplicate license 10.00
Certification of license 10.00
UW library access fee 25.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-809-990, filed 5/20/05, effective 7/1/05. Statutory Authority: 2001 c 251, RCW 43.70.250. 01-17-113, 246-809-990, filed 8/22/01, effective 9/22/01.]

OTS-1506.2


AMENDATORY SECTION(Amending WSR 06-08-106, filed 4/5/06, effective 5/6/06)

WAC 246-810-990   Counselors fees and renewal cycle.   (1) Under chapter 246-12 WAC, Part 2, a counselor must renew his or her registration every year on the practitioner's birthday. 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.


Title Fee
(2) The following nonrefundable fees will be charged for registered counselor:
Application and registration $ ((40.00)) 130.00
Renewal ((37.00)) 117.00
Late renewal penalty ((37.00)) 58.50
Expired registration reissuance ((37.00)) 65.00
Duplicate registration 15.00
Certification of registration 15.00
(3) The following nonrefundable fees will be charged for registered hypnotherapist:
Application and registration 95.00
Renewal 130.00
Late renewal penalty 65.00
Expired registration reissuance 65.00
Duplicate registration 15.00
Certification of registration 15.00

[Statutory Authority: RCW 18.19.050. 06-08-106, 246-810-990, filed 4/5/06, effective 5/6/06. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-810-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 99-08-101, 246-810-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-810-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-990, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 18.19 RCW. 96-08-069, 246-810-990, filed 4/3/96, effective 5/4/96. Statutory Authority: RCW 43.70.250. 93-14-011, 246-810-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-18-039 (Order 084), 308-190-010, filed 8/29/90, effective 9/29/90; 90-04-094 (Order 029), 308-190-010, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-033 (Order PM 669), 308-190-010, filed 8/27/87.]

OTS-1492.3


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

WAC 246-817-990   Dentist 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, except faculty and resident licenses. 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) Faculty and resident licenses must be renewed every year on July 1 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.

(3) The following nonrefundable fees will be charged:


Title of Fee Fee
Original application by examination*
Initial application $((325.00)) 700.00
Original application - Without examination
Initial application

((350.00)) 700.00

Initial license ((350.00)) 700.00
Faculty license application ((325.00)) 560.00
Resident license application ((60.00)) 115.00
License renewal:
Renewal ((205.00)) 375.00
Surcharge - impaired dentist 25.00
Late renewal penalty ((102.50)) 200.00
Expired license reissuance ((102.50)) 300.00
Duplicate license 15.00
Certification of license 25.00
Anesthesia permit
Initial application ((50.00)) 150.00
Renewal - (three-year renewal

cycle)

((50.00)) 150.00
Late renewal penalty ((50.00)) 75.00
Expired permit reissuance 50.00
On-site inspection fee To be determined by future rule adoption.

* In addition to the initial application fee above, applicants for licensure via examination will be required to submit a separate application and examination fee directly to the dental testing agency accepted by the dental quality assurance commission.

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-817-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 18.32.0365 and 43.70.250. 01-11-166, 246-817-990, filed 5/23/01, effective 7/1/01. Statutory Authority: RCW 43.70.250. 99-08-101, 246-817-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-817-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.040. 95-16-122, 246-817-990, filed 8/2/95, effective 9/1/95.]

OTS-1514.3


AMENDATORY SECTION(Amending WSR 06-01-104, filed 12/21/05, effective 1/21/06)

WAC 246-926-990   ((Radiological)) Radiologic technologists, X-ray technicians -- Certification and registration fees and renewal cycle.   (1) Certificates and registrations must be renewed every two years 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 practitioner must pay the following nonrefundable fees:))

Title of Fee Fee
(2) The following nonrefundable fees will be charged for certified radiologic technologists:
Application(( - certification)) $((45.00)) 150.00
((Exam fee - certification 30.00
Application - registration 35.00
Certification)) Renewal ((45.00)) 70.00
((Registration renewal 35.00))
Late renewal penalty(( - certification 45.00)) 50.00
((Late renewal penalty - registration 35.00))
Expired certificate reissuance ((45.00)) 80.00
((Expired registration reissuance 35.00))
Certification of registration or certificate 15.00
Duplicate registration or certificate 15.00
(3) The following nonrefundable fees will be charged for registered X-ray technicians:
Application 75.00
Renewal 75.00
Late renewal penalty 50.00
Expired reissuance 50.00
Certification of registration or certificate 15.00
Duplicate registration or certificate 15.00

[Statutory Authority: RCW 18.84.040. 06-01-104, 246-926-990, filed 12/21/05, effective 1/21/06. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-926-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 99-08-101, 246-926-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-926-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.84.040 and 18.84.100. 92-05-010 (Order 237), 246-926-990, filed 2/7/92, effective 2/19/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-926-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.84.040. 89-01-015 (Order PM 802), 308-183-180, filed 12/9/88.]

OTS-1515.2


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

WAC 246-927-990   ((How often do I need to renew and what are the costs for registration?)) Recreation therapy fees and renewal cycle.   (1) Registrations 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 for registered recreational therapists:

Title of Fee Fee
Application $((110.00))

205.00

Renewal ((85.00))

155.00

Late renewal penalty ((50.00))

77.50

Expired registration reissuance ((50.00))

90.00

Duplicate registration 15.00
Certification of certificate 25.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-927-990, filed 5/20/05, effective 7/1/05. Statutory Authority: Chapter 18.230 RCW and RCW 43.70.250. 03-09-065, 246-927-990, filed 4/15/03, effective 7/1/03.]

OTS-1516.2


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

WAC 246-928-990   Respiratory care fees and renewal cycle.   (1) Licenses must be renewed every two years 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
Application $((70.00)) 150.00
Temporary practice permit ((35.00)) 50.00
Duplicate license 15.00
Verification of licensure 15.00
Renewal ((50.00)) 110.00
Late renewal penalty ((50.00)) 55.00
Expired license reissuance ((50.00)) 65.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-928-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 18.89.050(1). 01-11-165, 246-928-990, filed 5/23/01, effective 6/23/01. Statutory Authority: RCW 43.70.250. 99-08-101, 246-928-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-928-990, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.89 RCW and RCW 43.70.040. 95-18-019, 246-928-990, filed 8/24/95, effective 9/24/95. Statutory Authority: RCW 43.70.250. 92-15-032 (Order 285), 246-928-990, filed 7/7/92, effective 8/7/92. Statutory Authority: RCW 18.89.050 and 43.70.250. 92-02-018 (Order 224), 246-928-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-928-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 88-17-099 (Order PM 741), 308-195-110, filed 8/23/88.]

Washington State Code Reviser's Office