WSR 16-14-098 PROPOSED RULES DEPARTMENT OF HEALTH [Filed July 5, 2016, 2:18 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-853-990 Osteopathic fees and renewal cycle and 246-933-990 Veterinarian fees and renewal cycle, the department is proposing fee changes for osteopathic physicians, osteopathic physician assistants, and veterinarians to implement HB 2432 (chapter 42, Laws of 2016). The proposed fee changes would support the substance abuse monitoring program by increasing the impaired practitioner program license surcharge for these professions. The department is also proposing reductions in initial and renewal licensing fees.
Hearing Location(s): Department of Health, Town Center 2, 111 Israel Road, Room 158, Tumwater, WA 98501, on August 11, 2016, at 11:00 a.m.
Date of Intended Adoption: August 18, 2016.
Submit Written Comments to: Sherry Thomas, P.O. Box 47850, Olympia, WA 98504-7850, e-mail https://fortress.wa.gov/doh/policyreview, fax (360) 236-4626, by August 11, 2016.
Assistance for Persons with Disabilities: Contact Sherry Thomas by July 27, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal implements HB 2432 (chapter 42, Laws of 2016), which increases the substance abuse monitoring program license surcharge for osteopathic physicians and osteopathic physician assistants from $25 to $50 per year and the surcharge for veterinarians to the maximum $25 fee. These programs contract with the Washington physicians health program (WPHP) to administer their substance abuse monitoring programs. Surcharges are paid directly to WPHP; the revenue from the surcharges is not included in the profession's licensing budgets.
The department is also proposing decreases in initial and renewal license fees for all three professions.
In addition to increasing the substance abuse monitoring surcharge as directed in HB 2432, the department is proposing the following decreases (rounded to the nearest five dollars) in initial and license renewal fees:
Veterinarian fees:
Osteopathic physician and physician assistant fees:
The department conducted fee studies and determined these professions' budgets can support the fee decreases while retaining adequate fund balances to cover unanticipated expenditures, such as costly disciplinary cases that may occur. The result will be that licensees in all three professions will pay the same or lower initial and renewal license fees, even with the increased surcharges.
Late renewal penalties: Late renewal penalties are not figured into the fee study described above. It is difficult to anticipate how many practitioners will be late in renewing, but it is a small percentage of renewals. In addition, late penalties are used to recover additional costs involved in processing late renewals, which cannot be automated like on-time renewals. Late penalties are set using the following standards:
If the annual renewal fee is:
Reasons Supporting Proposal: WPHP protects patient safety by providing assistance to impaired health care professionals. Periodic increases are necessary to maintain this program. In addition, the department conducted fee studies and determined these licensing programs' budgets support decreasing initial and renewal license fees, while retaining sufficient fund balances to cover unanticipated expenditures, like increased disciplinary cases, that may occur. This will result in the licensees paying the same or lower initial and renewal license fees, even with the increased surcharges.
Statute Being Implemented: Chapter 42, Laws of 2016 and RCW 43.70.250.
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, Implementation, and Enforcement: Sherry Thomas, 111 Israel Road, Tumwater, WA 98501, (360) 236-4612.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.
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. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
July 5, 2016
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 15-07-004, filed 3/6/15, effective 4/6/15)
WAC 246-853-990 Osteopathic fees and renewal cycle.
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except postgraduate training limited licenses.
(2) Postgraduate training limited licenses must be renewed every year to correspond to program dates.
(3) The following nonrefundable fees will be charged for osteopathic physicians:
(4) The following nonrefundable fees will be charged for osteopathic physician assistants:
AMENDATORY SECTION (Amending WSR 11-20-092, filed 10/4/11, effective 12/1/11)
WAC 246-933-990 Veterinarian fees and renewal cycle.
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
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