WSR 10-06-018

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Psychology)

[ Filed February 22, 2010, 11:26 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-924-483, creating a new section to provide for temporary practice permits to be issued to psychology licensure applicants while a fingerprint-based national background check is completed.

Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on May 14, 2010, at 11:00 a.m.

Date of Intended Adoption: May 14, 2010.

Submit Written Comments to: Betty J. Moe, Department of Health, Health Professions and Facilities, P.O. Box 47852, Olympia, WA 98504-7852, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2406, by May 7, 2010.

Assistance for Persons with Disabilities: Contact Betty J. Moe by May 7, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules provide for temporary practice permits to be issued to an applicant for psychology licensure 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 permit, the applicant must meet all other licensing requirements, be licensed in another state, and have no criminal record in Washington. The proposed rule will provide for qualified applicants to practice the full scope of the profession until the permit expires.

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 permit to an applicant who must have the national background check. The proposed rule will reduce the barriers for out-of-state applicants who otherwise meet all the licensing requirements, and holds a credential as a psychologist in another state. This rule will also improve the public's access to health care.

Statutory Authority for Adoption: RCW 18.83.050, 18.130.064, and 18.130.075.

Statute Being Implemented: RCW 18.130.064 and 18.130.075.

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

Name of Proponent: Department of health, examining board of psychology, governmental.

Name of Agency Personnel Responsible for Drafting: Betty Moe, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-4912; Implementation: Shannon Biegert, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, (360) 236-4904; and Enforcement: Karen A. 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 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.

February 22, 2010

Raymond L. Harry

Public Member, Chair

OTS-2945.2


NEW SECTION
WAC 246-924-483   How to obtain a temporary practice permit while the national background check is completed.   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.

(1) A temporary practice permit may be issued to an applicant who:

(a) Holds an unrestricted, active license to practice psychology in another state that has substantially equivalent licensing standards to those in Washington state;

(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 state.

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

(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 the application specifically extends the duration of the temporary practice permit; or

(c) Two hundred ten 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 to practice psychology from another state that has substantially equivalent licensing standards as Washington state.

(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.

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Washington State Code Reviser's Office