WSR 09-19-116

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed September 22, 2009, 11:31 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-12-050, creating a permanent new section to provide for temporary practice permits to be issued to an applicant for a profession listed in RCW 18.130.040 (2)(a) while a fingerprint-based national background check is completed.

Hearing Location(s): Town Center 2, 111 Israel Road S.E., Room 158, Tumwater, WA, on October 28, 2009, at 9:00 a.m.

Date of Intended Adoption: October 30, 2009.

Submit Written Comments to: Dianna Staley, Department of Health, Health Systems Quality Assurance, P.O. Box 47860, Olympia, WA 98504-7860, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by October 28, 2009.

Assistance for Persons with Disabilities: Contact Dianna Staley by October 21, 2009, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To provide for permanent temporary practice permits to be issued to an applicant for a profession listed in RCW 18.130.040 (2)(a) if a fingerprint-based national background check must be conducted. The national background check process is lengthy and has caused licensing delays that may affect the public's access to health care. The temporary practice permit will be issued to applicants in secretary professions listed in RCW 18.130.040 (2)(a) that do not currently regulate temporary practice permits by statute or rule. To receive the permit, the applicant must meet all other licensing requirements, qualifications, and have no criminal record in Washington. The proposed rule will provide for qualified applicants to practice in the full scope of their profession until the permit expires. The proposed permanent rule will replace the emergency rule adopted effective September 1, 2009.

Reasons Supporting Proposal: In 2008 4SHB 1103 (chapter 134, Laws of 2008) passed authorizing fingerprint-based national background checks for those situations when a background check in RCW 18.130.064 was inadequate. The legislation authorized the secretary to issue a temporary practice permit to an applicant who must have the national background check. The proposed rule will reduce the barriers for out-of-state licensed applicants who otherwise meet all licensing requirements. This rule will also improve the public's access to health care.

Statutory Authority for Adoption: RCW 18.130.064, 18.130.075.

Statute Being Implemented: RCW 18.130.064, 18.130.075.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Dianna Staley, Department of Health, P.O. Box 47860, Olympia, WA 98504-7860, (360) 236-4997; Implementation: Shannon Beigert, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, (360) 236-4604; and Enforcement: Karen Jensen, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, (360) 236-4600.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(g)(ii), a small business economic impact statement 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 not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute. A preliminary cost-benefit analysis may be obtained by contacting Dianna Staley, Department of Health, Health Systems Quality Assurance, P.O. Box 47860, Olympia, WA 98504-7860, phone (360) 236-4997, fax (360) 236-4626, e-mail dianna.staley@doh.wa.gov.

September 22, 2009

Mary C. Selecky

Secretary

OTS-2618.2


NEW SECTION
WAC 246-12-050   How to obtain a temporary practice permit.   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:

(a) Holds an unrestricted, active license in another state that has substantially equivalent licensing standards for the same profession to those in Washington;

(b) Is not subject to denial of a license or issuance of a conditional or restricted license; and

(c) Does not have a criminal record in Washington.

(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 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 the fingerprint card and a written request for a temporary practice permit when the department notifies the applicant the national background check is required.

[]

Washington State Code Reviser's Office