Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-01-129.

     Title of Rule and Other Identifying Information: WAC 246-808-180 Expired licenses, requirements to reactivate a license. The chiropractic quality assurance commission (commission) is proposing rules to amend the requirements to reactivate an expired chiropractic license.

     Hearing Location(s): Department of Health, Point Plaza East Building, Rooms 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on December 13, 2012, at 10:00 a.m.

     Date of Intended Adoption: December 13, 2012.

     Submit Written Comments to: Leann Yount, Program Manager, Department of Health, Chiropractic Commission, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by December 3, 2012.

     Assistance for Persons with Disabilities: Contact Leann Yount by November 29, 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 requirements to reactivate an expired license. The proposal requires the chiropractor to submit completed continuing education (CE) documentation for approval and they must also pass the jurisprudence exam. Chiropractors that have let their license expire for at least three years, and were not licensed to practice chiropractic under the laws of any other state, territory of the United States, the District of Columbia, Puerto Rico, or province of Canada, must also pass the National Board of Chiropractic Examiners Special Purpose Examination of Chiropractic (SPEC) before their license can be returned to active.

     Reasons Supporting Proposal: The proposed rules contribute to patient safety by requiring chiropractors to have current skills and knowledge. In addition, the rules also establish specific requirements to evaluate the chiropractor's clinical competency skills and knowledge by requiring the SPEC exam for those that have not practiced chiropractic for at least three years. Currently there is no competency requirements for a chiropractor to reactivate a license that has been expired for more than three years.

     Statutory Authority for Adoption: RCW 18.25.0171 and 18.130.050.

     Statute Being Implemented: RCW 18.25.0171.

     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, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4856.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Leann Yount, Program Manager, Department of Health, Chiropractic Commission, 111 Israel Road S.E., Tumwater, WA 98501, phone (360) 236-4856, fax (360) 236-2901, e-mail leann.yount@doh.wa.gov.

October 23, 2012

Leann Yount

Program Manager

OTS-5011.2

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

WAC 246-808-180   Expired licenses -- Requirements for ((reinstating)) reactivating a chiropractic license.   If a chiropractor's license is expired, to return to active status the chiropractor must meet the requirements of WAC 246-12-040 and comply with the following:

     (1) If the license has expired for ((three years or)) less ((, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

     (2) If the license has expired for more than three years and the practitioner can submit proof of continuing education, the practitioner must:

     (a) Successfully complete the jurisprudence examination given by the department;

     (b) Meet the requirements of chapter 246-12 WAC, Part 2.

     (3))) than one year, the chiropractor must submit to the department a written attestation of completing at least twenty-five hours of continuing education in any of the categories under WAC 246-808-150.

     (2) If the chiropractor does not have an active license to practice chiropractic under the laws of any other state, territory of the United States, the District of Columbia, Puerto Rico, or province of Canada and:

     (a) If the license has expired for one year or more but less than three years ((and)), the ((practitioner cannot submit proof of continuing education courses during the time the license was expired, the practitioner)) chiropractor must:

     (((a) Successfully)) (i) Complete at least fifty hours of continuing education in any of the categories listed under WAC 246-808-150 and submit to the department the appropriate documentation of course completion for approval; and

     (ii) Pass the jurisprudence examination as ((provided in RCW 18.25.040 and 18.25.070(2);

     (b) Meet the requirements of chapter 246-12 WAC, Part 2)) specified in WAC 246-808-115.

     (b) If the license has been expired for three years or more, the chiropractor must:

     (i) Complete at least fifty hours of continuing education in any of the categories listed under WAC 246-808-150 and submit to the department the appropriate documentation of course completion for approval;

     (ii) Pass the jurisprudence examination as specified in WAC 246-808-115; and

     (iii) Pass the National Board of Chiropractic Examiners Special Purposes Examination of Chiropractic and submit to the department the appropriate documentation verifying a passing score.

     (3) If the license has expired for one year or more, and the chiropractor has an active license to practice chiropractic under the laws of any other state, territory of the United States, the District of Columbia, Puerto Rico, or province of Canada, the chiropractor must:

     (a) Meet the requirements of WAC 246-808-135 for licensure by endorsement; or

     (b) Meet the requirements of subsection (2)(a) or (b) of this section depending on the length of time the license has been expired.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-808-180, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.25 RCW. 96-16-074, § 246-808-180, filed 8/6/96, effective 9/6/96.]