WSR 10-22-110

PROPOSED RULES

DEPARTMENT OF HEALTH


(Chiropractic Quality Assurance Commission)

[ Filed November 2, 2010, 4:45 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-808-133, chiropractic quality assurance commission, adding a new section to issue a temporary practice permit while chiropractic applicants are waiting for completion of the national background check.

Hearing Location(s): Department of Health, Health Systems Quality Assurance, Point Plaza East Building, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on December 9, 2010, at 10:00 a.m.

Date of Intended Adoption: December 9, 2010.

Submit Written Comments to: Leann Yount, Program Manager, Department of Health, Chiropractic Program, P.O. Box 47852, Olympia, WA 98504-7852, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by December 1, 2010.

Assistance for Persons with Disabilities: Contact Leann Yount by December 1, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule provides for a temporary practice permit to be issued to an otherwise qualified chiropractic applicant while a fingerprint background check is completed. 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 chiropractic applicants to practice in the full scope of their profession.

Reasons Supporting Proposal: RCW 18.130.064 authorizes fingerprint-based national background checks when a state background check is inadequate, such as out-of-state applicants. The proposed rule will remove barriers for out-of-state applicants who must have the national background check and otherwise meet all licensing requirements. This will improve access to health care for the public by allowing otherwise qualified applicants to provide care. The proposed rule will allow the individual to work in the full scope of practice for a maximum of one hundred eighty days.

Statutory Authority for Adoption: RCW 18.25.0171, 18.130.064, 18.130.075.

Statute Being Implemented: RCW 18.130.075, 18.130.064.

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

Name of Proponent: Department of health, chiropractic quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leann Yount, Program Manager, 310 Israel Road S.E. Tumwater, WA 98501, (360) 236-4856.

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)(ii) exempts rules if the content of which is explicitly and specifically dictated by the statute.

November 2, 2010

Leann Yount

Program Manager

OTS-3261.2


NEW SECTION
WAC 246-808-133   Background check -- Temporary practice permit.   The chiropractic quality assurance commission (CQAC) conducts background checks on applicants to assure safe patient care. Completion of a national criminal background check may require additional time. The CQAC 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) A temporary practice permit may be issued to an applicant who:

(a) Holds an unrestricted, active chiropractic license 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.

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

(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 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.

(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 chiropractic license from another state that has substantially equivalent licensing standards to those in 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