WSR 09-21-049

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed October 14, 2009, 11:34 a.m. , effective November 14, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The rules clarify renewal procedures for certified Clandestine Drug Lab (CDL) workers, supervisors, contractors, and trainers and reduce certificate renewal fees. The rules establish a single certificate expiration date for CDL certificates and simplify the renewal application process. The rules also reduce the renewal fees for certificateholders.

Citation of Existing Rules Affected by this Order: WAC 246-205-021, 246-205-061, 246-205-071, 246-205-081, and 246-205-990.

Statutory Authority for Adoption: RCW 64.44.070.

Other Authority: RCW 64.44.060 and 43.70.250.

Adopted under notice filed as WSR 09-17-131 on August 19, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.

Date Adopted: October 13, 2009.

B. White

for Mary C. Selecky

Secretary

OTS-2570.4


AMENDATORY SECTION(Amending WSR 03-02-022, filed 12/23/02, effective 1/23/03)

WAC 246-205-021   Training provider certification.   (1) Persons wanting to become an illegal drug lab decontamination training provider must obtain department approval of instructors and courses. The types of drug lab decontamination courses that may be approved by the department are:

(a) Basic worker;

(b) Basic supervisor; and

(c) Refresher worker and supervisor.

(2) To be certified as a training provider for the refresher training course, applicants must be certified as a training provider for the basic worker and basic supervisor courses.

(3) To obtain approval of instructors, the applicant must demonstrate that the person has the breadth of knowledge and experience necessary to properly train workers and supervisors.

(((3))) (4) To obtain approval of course work, the applicant must demonstrate the:

(a) Adequacy and accuracy of content; and

(b) Adequacy of training techniques.

(((4))) (5) Applicants for training provider certification shall:

(a) Submit a completed training provider application as specified under subsection (((5))) (6) of this section;

(b) Submit the required fee as specified under WAC 246-205-990; and

(c) Ensure the department receives the application sixty or more days before the requested approval date.

(((5))) (6) A training provider application includes, but is not limited to:

(a) A completed training provider application form provided by the department;

(b) A list of all personnel involved in course presentation and a description of their qualifications;

(c) A detailed description of course content and the amount of time allotted to each major topic;

(d) A description of teaching methods;

(e) A list of questions for development of an examination; and

(f) Copies of all materials proposed for use, when requested from the department.

(((6))) (7) Training provider certification is valid for two years from the date of issuance. All training provider certificates issued after December 1, 2009, will expire on the same day: November 30, 2011, and on November 30th in every odd-numbered year thereafter. Certification fees will be prorated by the month for applications submitted during the two-year period.

(((7))) (8) Training provider certification may be terminated if the training provider fails to:

(a) Maintain the course content and quality as approved by the department; and

(b) Make changes to a course as required by the department.

[Statutory Authority: RCW 64.44.070. 03-02-022, 246-205-021, filed 12/23/02, effective 1/23/03.]


AMENDATORY SECTION(Amending WSR 03-02-022, filed 12/23/02, effective 1/23/03)

WAC 246-205-061   Training provider certification renewal.   (1) Training provider certificate renewal is valid for two years from the date of issuance. All training provider certificates issued after December 1, 2009, will expire on the same day: November 30, 2011, and on November 30th in every odd-numbered year thereafter. Certification fees will be prorated by the month for applications submitted during the two-year period.

(2) Training providers seeking renewal certification shall submit the following to the department thirty or more days before expiration of the current certificate:

(((1))) (a) A completed training provider application as described in WAC 246-205-021(5); and

(((2))) (b) A fee as prescribed in WAC 246-205-990.

(3) If a training provider fails to renew his or her certificate before it expires, the department shall notify the trainer that the certificate is temporarily valid for sixty days beginning on the expiration date of the trainer's certificate.

(4) If a training provider renews his or her certificate during the sixty-day period, he or she shall pay the full two-year certificate renewal fee.

(5) If the training provider fails to renew the certificate within the sixty-day period, the certificate is invalid. The department shall notify the trainer in writing of an invalid certificate.

(6) A training provider who fails to renew his or her certificate while it is valid may reapply for certification, but must meet the requirements for a new applicant established in WAC 246-205-021.

[Statutory Authority: RCW 64.44.070. 03-02-022, 246-205-061, filed 12/23/02, effective 1/23/03.]


AMENDATORY SECTION(Amending WSR 03-02-022, filed 12/23/02, effective 1/23/03)

WAC 246-205-071   Worker and supervisor certification.   (1) Applicants seeking certification as a decontamination worker shall ensure the department receives the following within ((sixty)) ninety days of completing the basic worker course:

(a) A completed decontamination worker application;

(b) A fee as prescribed in WAC 246-205-990;

(c) Evidence of satisfying the requirements of WAC 296-62-30410;

(d) Evidence of successful completion of a department sponsored or approved basic decontamination worker course; and

(e) Evidence of passing the basic decontamination worker examination administered by the department with a score of seventy percent or higher.

(2) Applicants seeking certification as a decontamination supervisor shall ensure the department receives the following within ((sixty)) ninety days of completing the basic supervisor course:

(a) A completed decontamination supervisor application;

(b) A fee as prescribed in WAC 246-205-990;

(c) Evidence of a valid Washington state decontamination worker certificate;

(d) Evidence of forty or more hours of on-site experience in hazardous material or illegal drug manufacturing or storage site decontamination projects;

(e) Evidence of satisfying the requirements of WAC 296-62-30415.

(f) Evidence of successful completion of a department sponsored or approved basic decontamination supervisor course; and

(g) Evidence of passing the basic decontamination supervisor examination administered by the department with a score of seventy percent or higher.

(3) ((Applicants for decontamination supervisor certification who can demonstrate that their work experience and training has resulted in experience and training equivalent to the requirements in WAC 246-205-031 and 246-205-071 (1)(c) and (2)(c), (d), and (e) may be certified as a CDL supervisor when they apply prior to May 1, 2003.

(a) For purposes of this subsection, an application includes:

(i) A completed decontamination supervisor application form;

(ii) A fee as prescribed in WAC 246-205-990; and

(iii) Evidence of meeting the requirements of this subsection.

(b) All other decontamination supervisor certification requirements of this chapter apply.)) If a previously certified worker applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the worker shall:

(a) Submit to the department a completed application form for certificate renewal;

(b) Submit to the department a fee prescribed in WAC 246-205-990; and

(c) Retake the entire basic worker course.

(4) Worker and supervisor certificates are valid for two years from the date of issuance. All worker and supervisor certificates issued after December 1, 2009, will expire on the same day: November 30, 2011, and on November 30th in every odd-numbered year thereafter. Certification fees will be prorated by the month for applications submitted during the two-year period.

(5) Workers and supervisors shall make certificates available for inspection at all times during an illegal drug manufacturing or storage site decontamination project.

(6) The certificate may be denied, suspended, or revoked as described in WAC 246-205-121 and RCW 64.44.060.

(7) If a previously certified supervisor applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the supervisor shall:

(a) Submit to the department a completed application form for certificate renewal;

(b) Submit to the department a fee prescribed in WAC 246-205-990; and

(c) Retake the entire basic supervisor course.

[Statutory Authority: RCW 64.44.070. 03-02-022, 246-205-071, filed 12/23/02, effective 1/23/03.]


AMENDATORY SECTION(Amending WSR 03-02-022, filed 12/23/02, effective 1/23/03)

WAC 246-205-081   Worker and supervisor certification renewal.   (1) Worker and supervisor ((certification)) certificate renewal is valid for two years from the date of issuance. All worker and supervisor certificates issued after December 1, 2009, will expire on the same day: November 30, 2011, and on November 30th in every odd-numbered year thereafter. Certification fees will be prorated by the month for applications submitted during the two-year period.

(2) Certified workers and supervisors seeking certificate renewal shall submit to the department thirty or more days before expiration of the current certificate:

(a) A completed application form for certificate renewal;

(b) A fee prescribed in WAC 246-205-990; and

(c) Evidence of successful completion of a department sponsored or approved refresher training course.

(3) If a ((previously certified worker applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the worker shall:

(a) Submit to the department a completed application form for certificate renewal;

(b) Submit to the department a fee prescribed in WAC 246-205-990; and

(c) Retake the entire basic worker course.

(4) If a previously certified supervisor applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the supervisor shall:

(a) Submit to the department a completed application form for certificate renewal;

(b) Submit to the department a fee prescribed in WAC 246-205-990; and

(c) Retake the entire basic supervisor course.)) worker or supervisor fails to renew his or her certificate before it expires, the department shall notify the worker or supervisor that the certificate is temporarily valid for sixty days beginning on the expiration date of the worker's or supervisor's certificate.

(4) If a worker or supervisor renews his or her certificate during the sixty-day period, he or she shall pay the full two-year certificate renewal fee.

(5) If the worker or supervisor fails to renew the certificate within the sixty-day period, the certificate is invalid. The department shall notify the worker or supervisor in writing of an invalid certificate.

(6) A worker or supervisor who fails to renew his or her certificate while it is valid may reapply for certification, but must meet the requirements for a previously certified worker or supervisor established in WAC 246-205-071.

[Statutory Authority: RCW 64.44.070. 03-02-022, 246-205-081, filed 12/23/02, effective 1/23/03.]


AMENDATORY SECTION(Amending WSR 06-16-119, filed 8/1/06, effective 9/1/06)

WAC 246-205-990   Fees.   (1) ((The department charges the following fees for issuing and renewing certificates.

(2) The fees must cover the cost of issuing certificates, filing papers and notices, and administering this chapter. The costs include reproduction, travel, per diem, and administrative and legal support costs.

(3))) Fees are nonrefundable and must be paid by check or money order made payable to the department.

(((4))) (2) Fees shall be prorated by the month for certificates issued for less than two years.

(3) An applicant must pay the following fees based on a two-year certification period when submitting an application:

(a) $100 for each initial((, renewal,)) or reciprocal worker certificate application.

(b) $50 for each renewal worker certificate application.

(c) $200 for each initial((, renewal,)) or reciprocal supervisor certificate application.

(((c) $1,125 for each initial, renewal, or reciprocal authorized contractor certificate application. The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under chapter 18.27 RCW.))

(d) $150 for each renewal supervisor certificate application.

(e) $1,000 for each initial application and $((750)) 500 for each renewal application for training provider certification for the worker drug lab decontamination course.

(((e))) (f) $1,000 for each initial application and $((750)) 500 for each renewal application for training provider certification for the supervisor drug lab decontamination course.

(((f) To be certified as a training provider for the refresher training course, applicants must be certified as a training provider for the worker and supervisor courses.)) (g) There is no fee for application as a training provider for the refresher training course.

(4) An applicant must pay $1,125 for each initial, renewal, or reciprocal authorized contractor certificate application, based on a one-year certification period. The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under chapter 18.27 RCW.

[Statutory Authority: RCW 43.70.250 and 64.44.060. 06-16-119, 246-205-990, filed 8/1/06, effective 9/1/06. Statutory Authority: RCW 43.70.250 and 43.70.110. 03-13-123, 246-205-990, filed 6/18/03, effective 7/19/03. Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, 246-205-990, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, 246-205-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-205-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW. 91-04-007 (Order 125SB), 246-205-990, filed 1/24/91, effective 4/1/91.]

Washington State Code Reviser's Office