WSR 09-16-120

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed August 4, 2009, 2:49 p.m. , effective August 15, 2009 ]


Effective Date of Rule: August 15, 2009. These rules implement 2009 legislation that is effective July 26, 2009, and are necessary for public health and to improve access to care.

Purpose: The adopted rules implement SHB 1765 (chapter 98, Laws of 2009) that increases the annual impaired provider surcharge fee for physicians and physician assistants. The rules also implement 2SHB 1899 (chapter 403, Laws of 2009) that exempts licensed retired active physicians who reside and practice in Washington from all fees except the impaired physician program surcharge. In addition, the rules correct a statute citation and change the renewal fee for retired active physicians to match the active physician renewal cycle.

Citation of Existing Rules Affected by this Order: Amending WAC 246-918-990 and 246-919-990.

Statutory Authority for Adoption: RCW 43.70.250 and 43.70.280.

Other Authority: RCW 18.31.310, 18.71A.020, 18.71.080, 43.70.110.

Adopted under notice filed as WSR 09-13-088 on June 16, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: August 4, 2009.

Mary C. Selecky

Secretary

OTS-2430.1


AMENDATORY SECTION(Amending WSR 08-15-014, filed 7/7/08, effective 7/7/08)

WAC 246-918-990   Physician assistants 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 applicant or licensee must pay the following nonrefundable fees:


Title of Fee Fee
Physician assistants((, certified physician assistants, physician assistant-surgical assistants, acupuncture physician assistants)):
Application (annual)* (($50.00))

$125.00

Two-year renewal* ((70.00))

220.00

Expired license reissuance 50.00
Duplicate license 15.00
((Impaired physician program surcharge *(assessed at $35.00 on each application and for each year of the renewal period as required in RCW 18.71.310(2)) 35.00
UW library fee 25.00))

*Includes: The application or renewal fee, the Washington physician health program surcharge (RCW 18.71A.020(3)) assessed at $50.00 per year, and the fee to access the University of Washington (UW) HEAL-WA web site (RCW 43.70.110) assessed at $25.00 per year.

[Statutory Authority: RCW 43.70.110, 43.70.250, 2008 c 329. 08-15-014, 246-918-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW 43.70.250. 06-11-167, 246-918-990, filed 5/24/06, effective 7/1/06. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-918-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 18.71.017, 18.71A.020 and 43.70.280. 02-05-009, 246-918-990, filed 2/8/02, effective 3/11/02. Statutory Authority: RCW 18.71.017, 18.130.050(1), 18.130.040(4), 18.130.050(12) and 18.130.340. 99-23-090, 246-918-990, filed 11/16/99, effective 1/1/00. Statutory Authority: RCW 18.71.017 and 18.71A.020(3). 99-13-087, 246-918-990, filed 6/14/99, effective 7/15/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-918-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-918-990, filed 1/17/96, effective 2/17/96. Statutory Authority: RCW 43.70.040. 91-06-027 (Order 131), 246-918-990, filed 2/26/91, effective 3/29/91.]

OTS-2431.2


AMENDATORY SECTION(Amending WSR 08-15-014, filed 7/7/08, effective 7/7/08)

WAC 246-919-990   Physician and surgeon 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, except postgraduate training limited licenses ((and retired active physician 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) Postgraduate training limited licenses must be renewed every year to correspond to the program's date. ((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) A retired active physician ((licenses shall be renewed every year. 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)) who resides and practices in Washington and obtains or renews a retired active license is exempt from all licensing fees except for the impaired physician program surcharge authorized by RCW 18.71.310.

(4) The applicants and licensees must pay the following nonrefundable fees:

Title of Fee Fee
Physicians and surgeons: Chapter 18.71 RCW
Application (annual)* (($425.00)) $500.00
((Retired active physician license renewal* 100.00))
((Retired active late renewal penalty 50.00))
Two-year renewal* ((525.00)) 675.00
Late renewal penalty 262.50
Expired license reissuance 262.50
Certification of license 50.00
Duplicate license 15.00
Temporary permit 50.00
Application fee for transitioning from a postgraduate training limited license (annual)* ((100.00)) 175.00
Retired active physicians and surgeons:

(Two-year cycle)

Retired active physician who resides and practices in-state per RCW 18.71.080 and 18.130.250 (Washington physician health program surcharge) 100.00
Retired active physician license renewal*(does not meet in-state exemption) 350.00
Retired active late renewal penalty 50.00
Postgraduate limited license fees: RCW 18.71.095

(One-year cycle)

Limited license application* ((325.00)) 400.00
Limited license renewal* ((325.00)) 400.00
Limited duplicate license 15.00
((Impaired physician program *(assessed at $35.00 on each application and for each year of the renewal period as required in RCW 18.71.310(2)) 35.00
UW library fee 25.00))

*Includes: The application or renewal fee, the Washington physician health program surcharge (RCW 18.71.310(2)) assessed at $50.00 per year, and the fee to access the University of Washington (UW) HEAL-WA web site (RCW 43.70.110) assessed at $25.00 per year.

[Statutory Authority: RCW 43.70.110, 43.70.250, 2008 c 329. 08-15-014, 246-919-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW 43.70.250. 06-11-167, 246-919-990, filed 5/24/06, effective 7/1/06. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-919-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 18.71.017, 18.71A.020 and 43.70.280. 02-05-009, 246-919-990, filed 2/8/02, effective 3/11/02. Statutory Authority: RCW 18.71.017, 18.130.050(1), 18.130.040(4), 18.130.050(12) and 18.130.340. 99-23-090, 246-919-990, filed 11/16/99, effective 1/1/00. Statutory Authority: RCW 43.70.280. 98-05-060, 246-919-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.71.017 and 43.70.250. 97-15-100, 246-919-990, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-990, filed 1/17/96, effective 2/17/96.]

Washington State Code Reviser's Office