WSR 09-14-060

EMERGENCY RULES

DEPARTMENT OF HEALTH


(Medical Quality Assurance Commission)

[ Filed June 29, 2009, 4:53 p.m. , effective June 29, 2009, 4:53 p.m. ]


Effective Date of Rule: Immediately.

Purpose: New rules are needed to create a background check temporary practice permit for physicians and physician assistants applying for licensure with an out-of-state address, those who have recently lived out-of-state and for those with a criminal history in Washington. This temporary practice permit will be issued for any applicant who has met all other licensure requirements except the national criminal background check requirement. However, the temporary practice permit will not be issued unless an FBI fingerprint card for the applicant has been received by the department. The background check temporary practice permit will allow them to practice up to six months while the FBI fingerprint card is being processed.

Statutory Authority for Adoption: RCW 18.130.064 and 18.130.075.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The fingerprinting process is a lengthy process. Delays in licensing of otherwise qualified applicants affects patient safety. Employers are affected by the licensure delays and are unable to fully staff hospitals and other medical facilities. Lack of staffing affects the patients and the facilities' ability to accept and safely care for patients. Underserved areas of the state are also affected. This rule qualifies for emergency rule making for the preservation of the public health, safety and general welfare of the citizens of Washington state.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 2, Amended 0, Repealed 0.

Date Adopted: June 29, 2009.

Maryella E. Jansen

Executive Director

Medical Quality

Assurance Commission

OTS-2449.3


NEW SECTION
WAC 246-918-075   Background check -- Temporary practice permit.   The medical quality assurance commission (MQAC) conducts background checks on applicants to assure safe patient care. Completion of a national criminal background check may require additional time. The MQAC may issue a temporary practice permit when the applicant has met all other licensure requirements, except the national criminal background check requirement. 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 in the in-state background check, and the applicant meets all other licensure conditions, including receipt by the department of health of a completed Federal Bureau of Investigation (FBI) fingerprint card, the MQAC may issue a temporary practice permit allowing time to complete the national criminal background check requirements.

The MQAC will issue a temporary practice permit that is valid for three months. A one time extension of three months will be granted if the national background check report has not been received by the MQAC.

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

(3) The MQAC issues a full 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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OTS-2450.3


NEW SECTION
WAC 246-919-396   Background check -- Temporary practice permit.   The medical quality assurance commission (MQAC) conducts background checks on applicants to assure safe patient care. Completion of a national criminal background check may require additional time. The MQAC may issue a temporary practice permit when the applicant has met all other licensure requirements, except the national criminal background check requirement. 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 in the in-state background check, and the applicant meets all other licensure conditions, including receipt by the department of health of a completed Federal Bureau of Investigation (FBI) fingerprint card, the MQAC may issue a temporary practice permit allowing time to complete the national criminal background check requirements.

The MQAC will issue a temporary practice permit that is valid for three months. A one time extension of three months will be granted if the national background check report has not been received by the MQAC.

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

(3) The MQAC issues a full 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