Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 246-12-051, adding a new section to provide for temporary practice permits to be issued to certain military spouse or state-registered domestic partner applicants; and WAC 246-12-050, amending the title only to clarify the temporary practice permit is related to completion of the national background check. These sections apply to health professions under the secretary's licensing authority in RCW 18.130.040 (2)(a).

     Hearing Location(s): Department of Health (DOH), Town Center 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98504, on October 12, 2012, at 10:00 a.m.

     Date of Intended Adoption: October 16, 2012.

     Submit Written Comments to: Andy Fernando, Department of Health, Health Systems Quality Assurance, P.O. Box 47860, Olympia, WA 98504-7860, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by October 12, 2012.

     Assistance for Persons with Disabilities: Contact Andy Fernando by October 5, 2012, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules describe the procedure to issue a temporary practice permit to a military spouse or state-registered domestic partner applicant who is subject to a transfer to Washington state by the military person and he or she must complete specific additional licensing requirements in Washington state. The applicant must be licensed in another state with substantially equivalent standards and meet specific criteria. The proposed rules also clarify that WAC 246-12-050 is related to completion of a national background check. The rules apply to health professions under the secretary's authority.

     Reasons Supporting Proposal: ESSB 5969 (chapter 5, Laws of 2011 2nd sp. sess.) provides that certain military spouses may receive a temporary permit while completing any specific additional requirements in Washington that are not related to a profession's training or practice standards. The proposed rules describe the requirements to obtain the temporary practice permit. The permit allows the person to work in the full scope of the profession for up to one hundred eighty days. The department is including state registered domestic partners because RCW 1.12.080 requires that the term "spouse" is applied equally to these persons.

     Statutory Authority for Adoption: RCW 43.70.040, 18.130.040; ESSB 5969 (chapter 5, Laws of 2011 2nd sp. sess.).

     Statute Being Implemented: RCW 43.70.040, ESSB 5969 (chapter 5, Laws of 2011 2nd sp. sess.).

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

     Name of Proponent: DOH, governmental.

     Name of Agency Personnel Responsible for Drafting: Dianna Staley, DOH, P.O. Box 47860, Olympia, WA 98504-7860, (360) 236-4607; Implementation and Enforcement: Robert Nicoloff, DOH, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-4924.

     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. The rule is [a] procedural rule, under RCW 34.05.328 (5)(c)(i), that adopts, amends or repeals a filing or related process requirement for making application to an agency for a license or permit.

August 29, 2012

Mary C. Selecky

Secretary

OTS-4624.4

NEW SECTION
WAC 246-12-051   How to obtain a temporary practice permit -- Military spouse.   A military spouse or state registered domestic partner of a military person may receive a temporary practice permit while completing any specific additional requirements that are not related to training or practice standards for the profession. This section applies to any profession listed in RCW 18.130.040 (2)(a).

     (1) A temporary practice permit may be issued to an applicant who is a military spouse or state registered domestic partner of a military person and:

     (a) Is moving to Washington as a result of the military person's transfer to Washington;

     (b) Left employment in another state to accompany the military person to Washington;

     (c) Holds an unrestricted, active license in another state that has substantially equivalent licensing standards for the same profession to those in Washington; and

     (d) Is not subject to any pending investigation, charges, or disciplinary action by the regulatory body of the other state or states.

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

     (3) A temporary practice permit expires when any one of the following occurs:

     (a) The license is granted;

     (b) A notice of decision on the 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), fingerprint card if required, and documentation for the license;

     (b) Attest on the application that he/she left employment in another state to accompany the military person;

     (c) Meet all requirements and qualifications for the license that are specific to the training, education, and practice standards for the profession;

     (d) Provide verification of having an active unrestricted license in the same profession from another state that has substantially equivalent licensing standards for the profession in Washington;

     (e) Submit a copy of the military person's orders and a copy of:

     (i) The military-issued identification card showing the military person's information and the applicant's relationship to the military person;

     (ii) A marriage license; or

     (iii) A state registered domestic partnership; and    

     (f) Submit a written request for a temporary practice permit.

     (5) For the purposes of this section:

     (a) "Military spouse" means the husband, wife, or registered domestic partner of a military person.

     (b) "Military person" means a person serving in the United States armed forces, the United States public health service commissioned corps, or the merchant marine of the United States.

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