WSR 11-05-093

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Dental Quality Assurance Commission)

[ Filed February 16, 2011, 9:25 a.m. ]

Title of Rule and Other Identifying Information: WAC 246-817-150(4) Licenses -- Persons licensed or qualified out-of-state who are faculty at school of dentistry -- Conditions.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jennifer Santiago, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852 , AND RECEIVED BY April 18, 2011.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule repeals subsection (4) of WAC 246-817-150. The dental quality assurance commission (commission) has determined that RCW 18.32.195 does not require commission approval of University of Washington, School of Dentistry (UWSOD) clinics that are located off campus.

Reasons Supporting Proposal: WAC 246-817-150(4) is no longer necessary because of changed circumstances. The commission does not have express authority to approve UW dental facilities or clinics for the purposes of licensing faculty members. The commission is only required to approve/license faculty members that meet the requirements of RCW 18.32.195.

Statutory Authority for Adoption: RCW 18.32.0365.

Statute Being Implemented: RCW 18.32.195.

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.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: By statute, RCW 18.32.195, faculty license holders of the UWSOD may only practice within the confines of the university facilities and within the scope of their employment as faculty of the UWSOD. If the proposed rule is adopted the UWSOD would then be responsible for determining what a university facility is. The proposed rule only affects the UWSOD.

December 10, 2010

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

Dental Quality Assurance Commission

OTS-3716.1


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-817-150   Licenses -- Persons licensed or qualified out-of-state who are faculty at school of dentistry -- Conditions.   (1) The department shall provide an application for faculty licensure upon receipt of a written request from the dean of the University of Washington, School of Dentistry.

(2) Applicants for faculty licensure shall submit a signed, notarized application, including applicable fees, and other documentation as required by the DQAC.

(3) The dean of the University of Washington, School of Dentistry, or his designee, shall notify the department of health of any changes in employment status of any person holding a faculty license.

(((4) Clinics situated away from the School of Dentistry on the University of Washington campus, must be recommended by the dean in writing and approved by the DQAC. The recommendation must list the rationale for including each location as a University of Washington School of Dentistry facility.))

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-817-150, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-150, filed 10/10/95, effective 11/10/95.]

Washington State Code Reviser's Office