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

     Purpose: WAC 246-840-095 Temporary practice permit, the amendments clarify the process for obtaining a six month extension for a temporary practice permit. This will help applicants understand the process and their responsibilities and the responsibilities of the department.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-840-095.

     Statutory Authority for Adoption: RCW 18.130.075 and 18.130.064.

      Adopted under notice filed as WSR 09-23-084 on November 16, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: January 15, 2010.

Paula R. Meyer, MSN, RN

Executive Director

OTS-2723.1

AMENDATORY SECTION(Amending WSR 09-17-053, filed 8/13/09, effective 9/13/09)

WAC 246-840-095   Temporary practice permits.   ((A new rule is needed to create a temporary practice permit.)) The nursing care quality assurance commission (NCQAC) conducts background checks on applicants to assure safe patient care. Completion of a fingerprint-based national ((criminal)) background check may ((require additional time)) cause a delay in licensing.

     (1) The NCQAC may issue a temporary practice permit ((when the)) to an applicant ((is licensed)) who holds an unrestricted, active license in another state ((with licensing standards)) which has substantially equivalent ((to)) licensing standards to those in Washington. The applicant must not be subject to denial of a license or issuance of a conditional or restricted license ((under this chapter)).

     (((1) If there are no violations identified because of the preliminary background check, and the applicant meets all other licensure conditions, the NCQAC may issue a temporary practice permit allowing time to complete the national criminal background check requirements.

     The NCQAC issues a temporary practice permit valid for six months. At the fifth month, if the department of health has not received information from the Federal Bureau of Investigations (FBI), the applicant must contact the NCQAC office.

     A one time extension of six months may be granted for good cause documented as beyond the control of the applicant. The applicant must file a request for extension petition with the department of health indicating their fingerprint card has not been received from the FBI. The request must be filed at least thirty days before the temporary practice permit expires.

     (2) The temporary practice permit allows the applicant to work in the state of Washington as a nurse during the time period specified on the permit. The temporary practice permit serves as a license to practice nursing.

     (3) The NCQAC 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.)) (2) A temporary practice permit serves as a license to practice nursing during the time period specified on the permit.

     (3) A temporary practice permit expires when:

     (a) A 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.

     If, at the expiration of the original temporary practice permit, the department has not received information from the fingerprint-based national background check, the NCQAC may renew the temporary practice permit for an additional one hundred eighty days.

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

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

     (b) Submit a completed national background check fingerprint card, if required.

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

     (d) Provide verification of holding an unrestricted nursing license from another state that has substantially equivalent licensing standards to those in Washington.

     (e) Submit a separate application for a temporary practice permit.

[Statutory Authority: RCW 18.130.075 and 18.130.064. 09-17-053, § 246-840-095, filed 8/13/09, effective 9/13/09.]

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