WSR 08-16-129

PROPOSED RULES

DEPARTMENT OF HEALTH


(Dental Quality Assurance Commission)

[ Filed August 6, 2008, 8:05 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-13-072 and 04-08-096.

Title of Rule and Other Identifying Information: WAC 246-817-130 Licensure without examination for dentists -- Eligibility, 246-817-135 Licensure without examination for dentists -- Application procedure, and 246-817-140 Licensure without examination for dentists -- Licensing examination standards. SSB 5966 (chapter 57, Laws of 2003) amended RCW 18.32.215, allows for dentists licensed in other states to obtain licensure in Washington state without examination if a graduate of an approved dental school.

Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on September 11, 2008, at 5:45 p.m.

Date of Intended Adoption: September 11, 2008.

Submit Written Comments to: Jennifer Bressi, P.O. Box 47867, Olympia, WA 98504-7867, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by September 1, 2008.

Assistance for Persons with Disabilities: Contact Jennifer Bressi by September 1, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendments clarify licensing requirements for dentists that hold a license in another state. The proposed amendments clarify the acceptance of all state and regional examinations to be adequate to meet Washington state licensure without examination requirements.

Reasons Supporting Proposal: SSB 5966 (chapter 57, Laws of 2003) amended RCW 18.32.215 which declares that access to dental care severely hampered by a shortage of dental providers in Washington state. The proposed rule amendments reduce licensing barriers for dentists that hold a dental license in another state and want to become licensed in Washington state.

Statutory Authority for Adoption: RCW 18.32.0365.

Statute Being Implemented: RCW 18.32.215.

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

Name of Proponent: Washington state department of health, dental quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jennifer Bressi, 310 Israel Road S.E., Tumwater, WA 985001 [98501], (360) 236-4893.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement (SBEIS) was not prepared. Under RCW 19.85.025 and 34.05.310 (4)(g)(ii), an SBEIS is not required for proposed rules that adopt, amend, or repeal a filing or related process requirement for applying to an agency for a license or permit.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jennifer Bressi, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4893, fax (360) 664-9077, e-mail jennifer.bressi@doh.wa.gov.

August 4, 2008

Jennifer Bressi

Health Services

Consultant 3

OTS-1090.2


AMENDATORY SECTION(Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-130   Licensure without examination for dentists -- Eligibility.   The DQAC may grant licensure without an examination to dentists licensed in other states if they meet the requirements of RCW 18.32.215 and WAC 246-817-110 and:

(1) ((Hold an active license, registration or certificate to practice dentistry, without restrictions, in another state, obtained by successful completion of an examination, if the other state's current licensing standards are substantively equivalent to the licensing standards of the state of Washington. The DQAC shall determine if the other state's current licensing standards are substantively equivalent to licensing standards in this state, pursuant to WAC 246-817-140.

(2) Are currently practicing clinical dentistry in another state pursuant to WAC 246-817-135(5).

(3))) Hold a valid license in another state;

(2) Are currently engaged in the practice of dentistry in another state;

(3) Are a graduate of a dental college, school, or dental department of an institution approved by the DQAC under RCW 18.32.040(1);

(4) Pay the applicable fees as defined in WAC 246-817-990;

(5) Agree to participate in a personal interview with the DQAC, if requested.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-130, filed 10/10/95, effective 11/10/95.]


AMENDATORY SECTION(Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-135   Licensure without examination for dentists -- Application procedure.   The applicant is responsible for obtaining and furnishing to the DQAC all materials required to establish eligibility for a license without examination. In addition to the requirements defined in WAC 246-817-110 the following documentation must be provided:

(1) A statement by the applicant as to whether ((he/she)) the applicant has been the subject of any disciplinary action in the state(s) of licensure and whether ((he/she)) the applicant has engaged in unprofessional conduct as defined in RCW 18.130.180.

(2) A statement by the applicant that ((he/she is)) they are not an impaired practitioner as defined in RCW 18.130.170.

(3) A certification by the state board(s) of dentistry (or equivalent authority) that((, based on successful completion of an examination,)) the applicant was issued a license, registration, certificate or privilege to practice dentistry, without restrictions, and whether ((he/she)) the applicant has been the subject of final or pending disciplinary action.

(4) Documentation to substantiate that standards defined in WAC 246-817-140 have been met.

(5) Proof that the applicant is currently engaged in the practice of ((clinical, direct patient care)) dentistry, in another state((, and has been practicing for a minimum of five years within the seven years immediately preceding application,)) as demonstrated by the following information:

(a) Address of practice location(s);

(b) Length of time at the location(s);

(c) ((Certification of a minimum of twenty hours per week in clinical dental practice;

(d))) A letter from all malpractice insurance carrier(s) defining years when insured and any claims history;

(((e))) (d) Federal or state tax numbers;

(((f))) (e) DEA numbers if any;

Dentists serving in the United States federal services as described in RCW 18.32.030(2), for the period of such service, need not provide (a) through (((f))) (e) of this subsection, but must provide documentation from their commanding officer regarding length of service, duties and responsibilities including any adverse actions or restrictions. Such dental service, including service within the state of Washington, shall be credited toward the dental practice requirement.

Dentists employed by a dental school approved by the DQAC for the period of such dental practice, need not provide (a) through (((f))) (e) of this subsection, but must provide documentation from the dean or appropriate administrator of the institution regarding the length and terms of employment and their duties and responsibilities, and any adverse actions or restrictions. Such dental practice, including practice within the state of Washington, shall be credited toward the dental practice requirement. Dental practice within a residency program shall be credited toward the dental practice requirement. A license may be revoked upon evidence of misinformation or substantial omission.

All information must be completed and received within one hundred eighty days of receipt of the initial application. Only completed applications will be reviewed by the DQAC, or its designee(s) at the next scheduled DQAC meeting or at other intervals as determined by the DQAC.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-135, filed 10/10/95, effective 11/10/95.]


AMENDATORY SECTION(Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-140   Licensure without examination for dentists -- Licensing examination standards.   ((An applicant is deemed to have met Washington state examination standards if either subsection (1) or (2) of this section is met:

(1) The state in which the applicant received a license, following successful completion of an examination, currently administers or subscribes to an examination, which includes all components listed in subsection (2)(a) of this section and at least two of the components listed in subsection (2)(b) of this section.

(2) The applicant provides documentation that he/she has successfully completed an examination in another state which included all of the components listed in (a) of this subsection and at least two of the components listed in (b) of this subsection.

(a) The applicant must have successfully completed an examination which included/includes the following components:

(i) Oral diagnosis and treatment planning, written or clinical test.

(ii) Class II amalgam test on a live patient.

(iii) Cast gold test on a live patient restoring at least one proximal surface, from a Class II inlay up to and including a full cast crown.

(iv) Periodontal test on a live patient to include a documentation and patient evaluation as well as scaling and root planing of at least one quadrant.

(v) Use of a rubber dam during restorative procedures.

(vi) Removable prosthodontics written or clinical test.

(b) The examination included/includes at least two of the following characteristics or components:

(i) Standardization and calibration of examiners.

(ii) Anonymity between candidates and grading examiners.

(iii) Endodontic test which requires the obturation of at least one canal.

(iv) Other clinical procedures (i.e., composite, gold foil).

The DQAC shall publish a list of states or regional licensing examinations which on the date of publication of the list are considered to be substantively equivalent to the Washington state dental licensing standard. The list shall be updated periodically and available upon request.)) The DQAC has determined that the licensing and examination standards of all regional testing agencies, as defined in WAC 246-817-010, and all states with independent licensing examinations are adequate to meet the standards for licensure without examination in the state of Washington. The DQAC shall periodically review these standards.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-140, filed 10/10/95, effective 11/10/95.]

Washington State Code Reviser's Office