WSR 13-09-061

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed April 16, 2013, 3:33 p.m. , effective May 17, 2013 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-12-050 Temporary practice permit -- National background check, clarify the purpose of the rule by adding "National background check" to the title, and making typographical corrections to clarify that subsections (4)(a), (b), and (c) of the rule are connected and inclusive.

Citation of Existing Rules Affected by this Order: Amending WAC 246-12-050.

Statutory Authority for Adoption: RCW 43.70.040.

Adopted under notice filed as WSR 12-23-045 on November 16, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: April 16, 2013.

John Wiesman, DrPH, MPH

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.]