WSR 12-23-045

EXPEDITED RULES

DEPARTMENT OF HEALTH


[ Filed November 16, 2012, 10:09 a.m. ]

Title of Rule and Other Identifying Information: WAC 246-12-050 How to obtain a temporary practice permit -- National background check.

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 Andy Fernando, Department of Health, 111 Israel Road S.E., Tumwater, WA 98511 , AND RECEIVED BY January 22, 2013.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule clarifies the title of WAC 246-12-050 by adding "national background check," and corrects typographical errors in subsection (4)(a), (b), (c).

Reasons Supporting Proposal: The proposed WAC title change is needed to differentiate the purpose of this section from new WAC 246-12-051 How to obtain a temporary practice permit -- Military spouse, proposed in WSR 12-18-038. The editing changes to subsection (4) are needed to clarify that subsections (a), (b), and (c) are connected and inclusive requirements. This rule making meets the intent of RCW 34.05.353 (expedited rule making) because it clarifies langauge [language] of the rule without changing the effect.

Statutory Authority for Adoption: RCW 43.70.040.

Statute Being Implemented: RCW 43.70.040.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Andy Fernando, Department of Health, P.O. Box 47860, Olympia, WA 98504-7860, (360) 236-4692; Implementation and Enforcement: Robert Nicoloff, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-4924.

November 16, 2012

Mary C. Selecky

Secretary

OTS-4642.2


AMENDATORY SECTION(Amending WSR 09-23-082, filed 11/16/09, effective 12/17/09)

WAC 246-12-050   How to obtain a temporary practice permit -- National background check.   Fingerprint-based national background checks may cause a delay in licensing. Individuals who satisfy all other licensing requirements and qualifications may receive a temporary practice permit while the national background check is completed. This section applies to any profession listed in RCW 18.130.040 (2)(a) that does not currently issue a temporary practice permit under the profession's specific statute or rule, unless the profession prohibits temporary practice permits by statute or rule.

(1) A temporary practice permit may be issued to an applicant who:

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

(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 scope of practice for the profession.

(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 license in the same profession from another state that has substantially equivalent licensing standards for the profession in Washington((.)); and

(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.

[Statutory Authority: RCW 18.130.064 and 18.130.075. 09-23-082, 246-12-050, filed 11/16/09, effective 12/17/09.]