WSR 14-21-069 PROPOSED RULES DEPARTMENT OF HEALTH (Board of Nursing Home Administrators) [Filed October 10, 2014, 8:59 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-843-231 Temporary practice permits, proposing the revisions to the current rule to (1) update requirements for issuance of a temporary practice permit to applicants of a nursing home administrator (NHA) license for the interim placement only at a specific facility; and (2) create a new category of temporary practice permit for applicants for NHA permanent licensure who have met all license requirements but are waiting for completion of a fingerprint-based criminal background check.
Hearing Location(s): Department of Health, Point Plaza East, Conference Room 153, 310 Israel Road S.E., Tumwater, WA 98501, on December 5, 2014, at 9:30 a.m.
Date of Intended Adoption: December 5, 2014.
Submit Written Comments to: Kendra Pitzler, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by December 5, 2014.
Assistance for Persons with Disabilities: Contact Kendra Pitzler by November 26, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to update current rule language for NHAs who want to practice for a short time in Washington and add a subsection that creates a new category of temporary practice permit for NHA applicants of permanent licensure required to have a national fingerprint-based criminal background check. The national background check process is lengthy and has caused licensing delays that affect the public's access to health care. To receive the permit, the applicant must meet all NHA licensing requirements and qualifications.
Reasons Supporting Proposal: In 2008, 4SHB 1103 (chapter 134, Laws of 2008) passed authorizing national fingerprint-based criminal background checks for those situations where a background check in RCW 18.130.064 was inadequate. It also authorized the secretary to issue a temporary practice permit to applicants meeting all other license requirements but must have a national background check conducted. The rule (1) reduces the barriers for out-of-state licensed applicants who otherwise meet all licensing requirements; (2) improves the public's access to health care; and (3) makes the language consistent.
Statutory Authority for Adoption: RCW 18.52.061, 18.130.064, and 18.130.075.
Statute Being Implemented: RCW 18.52.061, 18.130.064, and 18.130.075.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board of nursing home administrators, department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Kendra Pitzler, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-4723; Implementation: Robert McLellan, P.O. Box 47860, Olympia, WA 98504-7860, (360) 236-4604; and Enforcement: Martin Mueller, P.O. Box 7850, Olympia, WA 98504-7850, (360) 236-4600.
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 under RCW 34.05.328 (5)(c). This rule amends a process requirement for making application to an agency for a license or permit.
September 30, 2014
Blake T. Maresh
Executive Director
Board of Nursing Home Administrators
AMENDATORY SECTION (Amending WSR 00-01-072, filed 12/13/99, effective 1/13/00)
WAC 246-843-231 Temporary practice permits.
(((1) A temporary practice permit may be issued for a period up to six months. A temporary practice permit holder is not eligible for a subsequent permit. A temporary practice permit shall be valid only for the specific nursing home for which it is issued and shall terminate upon the permit holder's departure from the nursing home, unless otherwise approved by the board. An applicant shall meet the following criteria:
(a) Submit temporary permit fee and application form approved by the secretary for initial credential;
(b) Submit verification from each state in which currently licensed that applicant is currently licensed and in good standing as a nursing home administrator in that state;
(c) Have a written agreement for consultation with a Washington state licensed nursing home administrator.
(2) Subsection (1)(b) of this section does not apply if the applicant is an administrator of a religious care facility acting under a limited licensed described in RCW 18.52.071.)) (1) Temporary practice permit for applicants seeking licensure for interim placement at specific facilities.
(a) A temporary practice permit may be issued to an applicant who meets the following conditions:
(i) Holds an unrestricted active license in another state;
(ii) Is not subject to denial of a license or issuance of a conditional or restricted license; and
(iii) There are no violations identified in the Washington criminal background check and the applicant meets all other licensure conditions including receipt by the department of health of a completed Federal Bureau of Investigation (FBI) fingerprint card.
(b) The temporary practice permit allows the applicant to work in the state of Washington as a nursing home administrator during the time specified on the permit. The temporary practice permit grants the applicant a license to practice within the full scope of practice as a nursing home administrator with the following conditions:
(i) A temporary practice permit is valid only for the specific nursing home for which it is issued unless otherwise approved by the board;
(ii) A temporary permit holder shall consult with a Washington state licensed nursing home administrator with whom they have a written agreement for consultation.
(c) A temporary practice permit will not be renewed, reissued, or extended. A temporary practice permit expires when one of the following occurs:
(i) The permit holder departs from the nursing home, unless otherwise approved by the board;
(ii) One hundred eighty days after the temporary practice permit is issued.
(d) To receive a temporary practice permit, the applicant must:
(i) Submit fees and a completed application for the permit;
(ii) Submit verification from each state in which the applicant is currently licensed and is in good standing as a nursing home administrator; and
(iii) Submit a written agreement for consultation with a Washington state licensed nursing home administrator.
(2) Temporary practice permit for applicants seeking permanent licensure.
(a) A temporary practice permit may be issued to an applicant who meets the following conditions:
(i) Holds an unrestricted, active license in another state that has substantially equivalent licensing standards to those in Washington;
(ii) Is not subject to denial of a license or issuance of a conditional or restricted license; and
(iii) There are no violations identified in the Washington criminal background check and the applicant meets all other licensure conditions including receipt by the department of health of a completed Federal Bureau of Investigation (FBI) fingerprint card.
(b) The temporary practice permit allows the applicant to work in the state of Washington as a nursing home administrator during the time specified on the permit. The temporary practice permit grants the applicant a license to practice within the full scope of practice as a nursing home administrator with the following conditions:
(c) A temporary practice permit will not be renewed, reissued, or extended. A temporary practice permit expires when one of the following occurs:
(i) The department of health issues a license after it receives the national background check report if the report is negative and the applicant otherwise meets the requirements for license;
(ii) 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
(iii) One hundred eighty days after the temporary practice permit is issued.
(d) To receive a temporary practice permit, the applicant must:
(i) Submit fees and a completed application for licensure as a nursing home administrator;
(ii) Meet all requirements and qualifications for the license, except the results from a fingerprint-based national background check;
(iii) Provide verification of having an active unrestricted license as a nursing home administrator from another state that has substantially equivalent licensing standards in Washington; and
(iv) 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.
|