WSR 09-24-113

PROPOSED RULES

DEPARTMENT OF HEALTH


(Medical Quality Assurance Commission)

[ Filed December 2, 2009, 10:39 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-919-396 Physicians and 246-918-075 Physician assistants, creating permanent new sections to provide for temporary practice permits to be issued to an applicant for a physician or physician assistant license while a fingerprint-based national background check is completed.

Hearing Location(s): Holiday Inn Seattle at Renton, One South Grady Way, Renton, WA 98057, on January 14, 2010, at 7:30 p.m.

Date of Intended Adoption: January 14, 2010.

Submit Written Comments to: Julie Kitten, Department of Health, Medical Quality Assurance Commission, P.O. Box 47866, Olympia, WA 98504-7866, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2795, by January 8, 2010.

Assistance for Persons with Disabilities: Contact Julie Kitten by January 7, 2010, 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 physician or physician assistant license 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. To receive the temporary practice permit, the applicant must meet all other licensing requirements, qualifications, and have no criminal record in Washington. The proposed rules will provide for qualified applicants to practice in the full scope of their profession until the permit expires. The proposed permanent rules will replace emergency rules adopted effective October 13, 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 department to issue a temporary practice permit to an applicant who must have the national background check. The proposed rules will reduce the barriers for 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, medical quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting: Julie Kitten, Department of Health, Medical Quality Assurance Commission, P.O. Box 47866, Olympia, WA 98504-7866, (360) 236-2757; Implementation and Enforcement: Beverly Teeter, Department of Health, Medical Quality Assurance Commission, P.O. Box 47866, Olympia, WA 98504-7866, (360) 236-2758.

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.

December 1, 2009

Maryella E. Jansen

Executive Director

Medical Quality

Assurance Commission

OTS-2449.5


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 Washington criminal 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 six months. A one time extension of six 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 is a license to practice medicine as a physician assistant.

(3) The MQAC issues a 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-2450.5


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 Washington criminal 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 six months. A one time extension of six 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 is a license to practice medicine.

(3) The MQAC issues a 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