WSR 09-17-134

EMERGENCY RULES

DEPARTMENT OF HEALTH


[ Filed August 19, 2009, 10:56 a.m. , effective September 1, 2009 ]


Effective Date of Rule: September 1, 2009.

Purpose: To provide for temporary practice permits to be issued to applicants for licensure in a profession listed in RCW 18.130.040 (2)(a) while a fingerprint-based national background check is completed. The process to complete the national background check is lengthy and has caused licensing delays that affect the public's access to health care. The department will issue a temporary practice permit to applicants who meet all other licensing requirements and qualifications, and the profession does not currently prohibit temporary practice permits by statute or rule. The department will complete permanent rule making for temporary practice permits.

Statutory Authority for Adoption: RCW 18.130.064, 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: Delays in licensing for qualified applicants affects patient safety and impacts a patient's access to care. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: August 19, 2009.

Mary C. Selecky

Secretary

OTS-2618.1


NEW SECTION
WAC 246-12-050   Temporary practice permits.   Fingerprint-based national background checks may cause a delay in licensing. Individuals who satisfy all other licensing requirements and qualifications may receive a temporary practice permit while the national background check is completed. This section applies to any profession listed in RCW 18.130.040 (2)(a) that does not currently issue a temporary practice permit under the profession's specific statute or rule, unless the profession prohibits temporary practice permits by statute or rule.

(1) A temporary practice permit may be issued to an applicant who holds an unrestricted, active license in another state that has substantially equivalent licensing standards for the same profession to those in Washington and is not subject to denial of a license or issuance of a conditional or restricted license.

(2) A temporary practice permit grants the individual the full scope of practice for the profession.

(3) A temporary practice permit will not be renewed, reissued, or extended. A temporary practice permit automatically expires when any one of the following occurs:

(a) The license is granted;

(b) A notice of decision on application is mailed to the applicant, unless the notice of decision on application specifically extends the duration of the temporary practice permit; or

(c) One hundred eighty days after the temporary practice permit is issued.

(4) To receive a temporary practice permit, the applicant must:

(a) Submit the necessary application, fee(s), and documentation for the license.

(b) Meet all requirements and qualifications for the license, except the results from a fingerprint-based national background check, if required.

(c) Provide verification of having an active unrestricted license in the same profession from another state that has substantially equivalent licensing standards for the profession in Washington.

(d) Submit a written request for a temporary practice permit.

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Washington State Code Reviser's Office