WSR 09-09-033

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Nursing Care Quality Assurance Commission)

[ Filed April 7, 2009, 11:59 a.m. ]

Title of Rule and Other Identifying Information: WAC 246-840-095 Temporary practice permit.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Terry J. West, Department of Health, P.O. Box 47864, Olympia, WA 98504 , AND RECEIVED BY June 22, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A new rule is needed to create a temporary practice permit for nurses applying for endorsement with an out-of-state address. The temporary practice permit will be issued for any applicant who has met all other licensure requirements except the national criminal background check requirement. The temporary practice permit will allow them to practice while the FBI fingerprint card is being processed.

Reasons Supporting Proposal: The fingerprinting process is a lengthy process. A nursing shortage exists and delays in licensing otherwise qualified applicants affects patient safety. Employers are affected by the licensure delays and are unable to fully staff the facilities. Lack of staffing affects the patients and the facilities' ability to accept and safely care for patients. This rule qualifies for expedited rule making because the requirements are explicitly and specifically dictated by the statute.

Statutory Authority for Adoption: RCW 18.130.075 and 18.130.064.

Statute Being Implemented: Chapter 18.79 RCW.

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

Name of Proponent: Nursing care quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Terry J. West, P.O. Box 47864, Olympia, WA 98504, (360) 236-4712.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: RCW 18.130.075 requires the disciplinary authority to establish by rule the duration of the temporary practice permits.

March 2, 2009

Paula R. Meyer, MSN, RN

Executive Director

OTS-2200.3


NEW SECTION
WAC 246-840-095   Temporary practice permits.   A new rule is needed to create a temporary practice permit. The nursing care quality assurance commission (NCQAC) conducts background checks on applicants to assure safe patient care. Completion of a national criminal background check may require additional time. The NCQAC may issue a temporary practice permit when the applicant is licensed in another state with licensing standards substantially equivalent to Washington. The applicant must not be subject to denial of a license or issuance of a conditional license under this chapter.

(1) If there are no violations identified because of the preliminary background check, and the applicant meets all other licensure conditions, the NCQAC may issue a temporary practice permit allowing time to complete the national criminal background check requirements.

The NCQAC issues a temporary practice permit valid for six months. At the fifth month, if the department of health has not received information from the Federal Bureau of Investigations (FBI), the applicant must contact the NCQAC office.

A one time extension of six months may be granted for good cause documented as beyond the control of the applicant. The applicant must file a request for extension petition with the department of health indicating their fingerprint card has not been received from the FBI. The request must be filed at least thirty days before the temporary practice permit expires.

(2) The temporary practice permit allows the applicant to work in the state of Washington as a nurse during the time period specified on the permit. The temporary practice permit serves as a license to practice nursing.

(3) The NCQAC issues a license after it receives the national background check report if the report is negative and the applicant otherwise meets the requirements for a license.

(4) The temporary practice permit is no longer valid after the license is issued or action is taken on the application because of the background check.

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Washington State Code Reviser's Office