WSR 10-10-101

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Hearing and Speech)

[ Filed May 4, 2010, 11:40 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-828-305, creating a new section to provide for temporary practice permits to be issued to speech-language pathologist, speech-language pathology assistant, audiologist, and hearing instrument fitter/dispenser applicants while a fingerprint-based background check is completed.

Hearing Location(s): Department of Health, Town Center Two, 111 Israel Road S.E., Room 158, Tumwater, WA 98504, on June 14, 2010, at 10:00 a.m.

Date of Intended Adoption: June 14, 2010.

Submit Written Comments to: Janette Benham, Department of Health, P.O. Box 47852, Tumwater, WA 98504-7852, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by May 28, 2010.

Assistance for Persons with Disabilities: Contact Janette Benham by May 28, 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 a speech-language pathologist, speech-language pathology assistant, audiologist, or hearing instrument fitter/dispenser applicant if a fingerprint-based national background check must be conducted. The national background check process is lengthy and has caused credentialing delays that may affect the public's access to healthcare. To receive the permit, the applicant must meet all other credentialing requirements, hold a credential 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) authorized fingerprint-based national background checks for those situations when a Washington background check is 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 of the requirements and hold a credential as a speech-language pathologist, speech-language pathology assistant, audiologist, or hearing instrument fitter/dispenser in another state.

Statutory Authority for Adoption: RCW 18.35.161, 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 heath, board of hearing and speech, governmental.

Name of Agency Personnel Responsible for Drafting: Janette Benham, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-4857; Implementation: Shannon Beigert, 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 or permit.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis 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.

May 4, 2010

Janette Benham

Program Manager

OTS-3169.2


NEW SECTION
WAC 246-828-305   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 or certification. Individuals who satisfy all other licensing or certification 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 or certification to practice as a speech-language pathologist, speech-language pathology assistant, audiologist, or hearing instrument fitter/dispenser in another state that has substantially equivalent licensing or certification standards to those in Washington state;

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

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

(2) A temporary practice permit grants the individual the full scope of practice under this chapter.

(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 or certification 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) 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 or certification.

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

(c) Provide verification of having an active unrestricted license or certification to practice as a speech-language pathologist, speech-language pathology assistant, audiologist, or hearing instrument fitter/dispenser from another state that has substantially equivalent licensing or certification 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.

[]

Washington State Code Reviser's Office