WSR 17-16-143 PROPOSED RULES DEPARTMENT OF HEALTH (Dental Quality Assurance Commission) [Filed August 1, 2017, 11:22 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-817-110, 246-817-155, 246-817-160, and 246-817-220 dental licensure rules. SHB 1411 (chapter 100, Laws of 2017) modified RCW 18.32.040 to allow completion of a qualifying Washington state dental residency to qualify an applicant for dental licensure by residency in lieu of practical examination.
Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on October 27, 2017, at 8:05 a.m.
Date of Intended Adoption: October 27, 2017.
Submit Written Comments to: Jennifer Santiago, P.O. Box 47852, Olympia, WA 98504, email https://fortress.wa.gov/doh/policyreview, fax (360) 236-2901, by October 23, 2017.
Assistance for Persons with Disabilities: Contact Jennifer Santiago by October 23, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SHB 1411 (chapter 100, Laws of 2017) modified RCW 18.32.040 regarding dental licensure by residency in lieu of practical examination. The proposed rule amendment deletes reference to approved by or administered by the direction of dental quality assurance commission (DQAC) in WAC 246-817-110, 246-817-160, and 246-817-220. The proposed rule amendments update dentist licensure eligibility [to] obtain a dentist license through residency in lieu of examination. The repeal of WAC 246-817-155 is proposed as the rule is no longer necessary.
Reasons Supporting Proposal: The rules amendments are necessary to implement SHB 1411. SHB 1411 (chapter 100, Laws of 2017) modifies RCW 18.32.040 (3)(c) to allow any ADA accredited general practice residency, advanced education in general practice residency, and pediatric residency graduates to be eligible for license [licensure] by residency in lieu of clinical examination. The residency must be at least one year in length and must be in a setting that serves predominantly low-income patients in Washington state.
Statute Being Implemented: RCW 18.32.040.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DQAC, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennifer Santiago, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4893.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules adopting or incorporating by reference, without material change, federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
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)(iii) exempts rules adopting or incorporating by reference, without material change, federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
August 1, 2017
John Carbery, DMD, Chairperson
Dental Quality Assurance Commission
AMENDATORY SECTION (Amending WSR 16-05-083, filed 2/16/16, effective 3/18/16)
WAC 246-817-110 Dental licensure—Initial eligibility and application requirements.
To be eligible for Washington state dental licensure, the applicant must provide:
(1) A completed application and fee. The applicant must submit a signed application and required fee as defined in WAC 246-817-990;
(2) Proof of graduation from a dental school approved by the DQAC:
(a) DQAC recognizes only those applicants who are students or graduates of dental schools in the United States or Canada, approved, conditionally or provisionally, by the Commission on Dental Accreditation of the American Dental Association. The applicant must have received, or will receive, a Doctor of Dental Surgery (DDS) or Doctor of Dental Medicine (DMD) degree from that school;
(b) Other dental schools which apply for DQAC approval and which meet these adopted standards to the DQAC's satisfaction may be approved, but it is the responsibility of a school to apply for approval and of a student to ascertain whether or not a school has been approved;
(3) Proof of successful completion of the National Board Dental Examination Parts I and II, or the Canadian National Dental Examining Board Examination. An original scorecard or a certified copy of the scorecard shall be accepted. Exception: Dentists who obtained initial licensure in a state prior to that state's requirement for successful completion of the national boards, may be licensed in Washington, provided that the applicant provide proof that their original state of licensure did not require passage of the national boards at the time they were initially licensed. Applicants need to meet all other requirements for licensure;
(4) Proof of graduation from an approved dental school. The only acceptable proof is an official, posted transcript sent directly from such school, or in the case of recent graduates, a verified list of graduating students submitted directly from the dean of the dental school. Graduates of nonaccredited dental schools must also meet the requirements outlined in WAC 246-817-160;
(5) A complete listing of professional education and experience including college or university (predental), and a complete chronology of practice history from the date of dental school graduation to present, whether or not engaged in activities related to dentistry;
(6) Proof of completion of seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8;
(7) Proof of malpractice insurance if available, including dates of coverage and any claims history;
(8) Written certification of any licenses held, submitted directly from another licensing entity, and including license number, issue date, expiration date and whether applicant has been the subject of final or pending disciplinary action;
(9) Proof of successful completion of ((an approved)):
(a) An approved practical/clinical examination under WAC 246-817-120; or
(b) A qualifying ((postgraduate)) residency program((, approved by or administered under the direction of the DQAC)) under RCW 18.32.040 (3)(c);
(10) Proof of successful completion of an approved written jurisprudence examination;
(11) A recent 2" x 2" photograph, signed, dated, and attached to the application;
(12) Authorization for background inquiries to other sources may be conducted as determined by the DQAC, including but not limited to the national practitioner data bank and drug enforcement agency. Applicants are responsible for any fees incurred in obtaining verification of requirements;
(13) Any other information for each license type as determined by the DQAC.
AMENDATORY SECTION (Amending WSR 16-17-104, filed 8/19/16, effective 9/19/16)
WAC 246-817-160 Graduates of nonaccredited schools.
(1) An applicant for Washington state dental licensure, who is a graduate of a dental school or college not accredited by the Commission on Dental Accreditation shall provide to the Dental Quality Assurance Commission (commission):
(a) Materials listed in WAC 246-817-110 (1), (3), (5) through (8), and (10) through (13);
(b) Official school transcript or diploma with dental degree listed transcribed to English if necessary;
(c) Evidence of successful completion of at least two additional predoctoral or postdoctoral academic years of dental education.
(i) Additional predoctoral or postdoctoral dental education completed prior to July 1, 2018, must be obtained at a dental school in the United States or Canada, approved, conditionally or provisionally, by the Commission on Dental Accreditation.
(ii) Additional predoctoral or postdoctoral dental education completed after July 1, 2018, must be obtained in a dental program in the United States or Canada, approved, conditionally or provisionally, by the Commission on Dental Accreditation and include clinical training; and
(d) An applicant for Washington state dental licensure must provide proof of successful completion of ((an approved)):
(i) An approved practical/clinical examination under WAC 246-817-120; or
(ii) A qualifying ((postgraduate)) residency program((, approved by or administered under the direction of the commission authorized in)) under RCW 18.32.040 (3)(c).
(2) Upon completion of the requirements in subsection (1)(a) through (c) of this section, an applicant may be eligible to take the practical examination as approved in WAC 246-817-120 (2) through (4).
(a) The commission may issue examination approval up to six months before an applicant has completed the two additional predoctoral or postdoctoral academic years of dental education.
(b) An applicant must provide a letter from the school where the two additional predoctoral or postdoctoral academic years is being obtained indicating expected date of education completion.
AMENDATORY SECTION (Amending WSR 11-07-052, filed 3/17/11, effective 4/17/11)
WAC 246-817-220 Inactive license.
(1) A dentist may obtain an inactive license by meeting the requirements of WAC 246-12-090 and RCW 18.32.185.
(2) An inactive license must be renewed every year on or before the practitioner's birthday according to WAC 246-12-100 and 246-817-990.
(3) If a license is inactive for three years or less, to return to active status a dentist must meet the requirements of WAC 246-12-110, 246-817-440, and 246-817-990.
(4) If a license is inactive for more than three years, and the dentist has been actively practicing in another United States jurisdiction, to return to active status the dentist must:
(a) Provide certification of an active dentist license, submitted directly from another licensing entity. The certification shall include the license number, issue date, expiration date and whether the applicant has been the subject of final or pending disciplinary action;
(b) Provide verification of active practice in another United States jurisdiction within the last three years; and
(c) Meet the requirements of WAC 246-12-110, 246-817-440, and 246-817-990.
(5) If a license is inactive for more than three years, and the dentist has not been actively practicing in another United States jurisdiction, to return to active status the dentist must provide:
(a) A written request to change licensure status;
(b) The applicable fees according to WAC 246-817-990;
(c) Proof of successful completion of ((an approved)):
(i) An approved practical/practice examination ((according to)) under WAC 246-817-120; or
(ii) A qualifying ((postgraduate)) residency program((, approved by or administered under the direction of the DQAC)) under RCW 18.32.040 (3)(c);
(d) Written certification of all dental or health care licenses held, submitted directly from the licensing entity. The certification shall include the license number, issue date, expiration date and whether the applicant has been the subject of final or pending disciplinary action;
(e) Written declaration that continuing education and competency requirements for the two most recent years have been met according to WAC 246-817-440;
(f) Proof of successful completion of an approved written jurisprudence examination within the past year;
(g) Proof of malpractice insurance if available, including dates of coverage and any claims history; and
(h) Proof of AIDS education according to WAC 246-817-110, if not previously provided.
REPEALER
The following section of the Washington Administrative Code is repealed:
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