WSR 10-23-082

PROPOSED RULES

DEPARTMENT OF HEALTH


(Dental Quality Assurance Commission)

[ Filed November 15, 2010, 2:02 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-03-108.

Title of Rule and Other Identifying Information: WAC 246-817-220 Inactive license, creating a new section to establish an inactive dentist license status.

Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on February 4, 2011, at 8:00 a.m.

Date of Intended Adoption: February 4, 2011.

Submit Written Comments to: Jennifer Santiago, P.O. Box 47852, Olympia, WA 98504-7852, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by January 28, 2011.

Assistance for Persons with Disabilities: Contact Jennifer Santiago by January 28, 2011, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule creates standards for an inactive dentist license status. Inactive license status is currently not available to dentists not practicing in Washington that want to keep their license in Washington. The proposed rule provides detailed requirements for obtaining and maintaining an inactive license and requirements for returning to active status. The department of health will establish the inactive license fee through a separate rule process.

Reasons Supporting Proposal: There is currently no license alternative for Washington licensed dentists not practicing in this state. Dentists asked for a license status alternative. RCW 18.32.185 allows dentists to obtain an inactive status. Creating an inactive license status may provide lower fees for dentists not currently practicing in Washington who still want to maintain a license in Washington.

Statutory Authority for Adoption: RCW 18.32.0365 and 18.32.185.

Statute Being Implemented: RCW 18.32.185.

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

Name of Proponent: Washington state dental quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jennifer Santiago, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4893.

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 required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jennifer Santiago, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4893, fax (360) 236-2901, e-mail jennifer.santiago@doh.wa.gov.

November 15, 2010

Andrew A. Vorono, D.D.S., Chair

Dental Quality Assurance Commission

OTS-2859.3


NEW SECTION
WAC 246-817-220   Inactive license.   (1) A dentist may obtain an inactive license by meeting the requirements of WAC 246-12-090 and RCW 18.32.185.

(2) An inactive license must be renewed every year on or before the practitioner's birthday according to WAC 246-12-100 and 246-817-990.

(3) If a license is inactive for three years or less, to return to active status a dentist must meet the requirements of WAC 246-12-110, 246-817-440, and 246-817-990.

(4) If a license is inactive for more than three years, and the dentist has been actively practicing in another United States jurisdiction, to return to active status the dentist must:

(a) Provide certification of an active dentist license, submitted directly from another licensing entity. The certification shall include the license number, issue date, expiration date and whether the applicant has been the subject of final or pending disciplinary action;

(b) Provide verification of active practice in another United States jurisdiction within the last three years; and

(c) Meet the requirements of WAC 246-12-110, 246-817-440, and 246-817-990.

(5) If a license is inactive for more than three years, and the dentist has not been actively practicing in another United States jurisdiction, to return to active status the dentist must provide:

(a) A written request to change licensure status;

(b) The applicable fees according to WAC 246-817-990;

(c) Proof of successful completion of an approved:

(i) Practical/practice examination according to WAC 246-817-120; or

(ii) A qualifying postgraduate residency program, approved by or administered under the direction of the DQAC;

(d) Written certification of all dental or health care licenses held, submitted directly from the licensing entity. The certification shall include the license number, issue date, expiration date and whether the applicant has been the subject of final or pending disciplinary action;

(e) Written declaration that continuing education and competency requirements for the two most recent years have been met according to WAC 246-817-440;

(f) Proof of successful completion of an approved written jurisprudence examination within the past year;

(g) Proof of malpractice insurance if available, including dates of coverage and any claims history; and

(h) Proof of AIDS education according to WAC 246-817-110, if not previously provided.

[]

Washington State Code Reviser's Office