WSR 18-16-077
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed July 30, 2018, 11:15 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-915-990 Physical therapist fees and renewal cycle, 246-915-99005 Physical therapist assistant fees and renewal cycle, and 246-915A-990 Physical therapist and physical therapist assistant compact privilege fees and renewal cycle, proposing to increase renewal fees for physical therapists (PT) and physical therapist assistants (PTA), and adjustments to duplicate credential and late renewal fees. Also proposing a new section to add fees to implement the physical therapy licensure compact (compact).
Hearing Location(s): On September 11, 2018, at 10:00 a.m., at the Department of Health (DOH), Town Center 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: September 18, 2018.
Submit Written Comments to: Sherry Thomas, Policy Coordinator, P.O. Box 47850, Olympia, WA 98504-7850, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by September 4, 2018.
Assistance for Persons with Disabilities: Contact Sherry Thomas, phone 360-236-4612, fax 360-236-2901, TTY 360-833-6388 or 711, email sherry.thomas@doh.wa.gov, by September 4, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current fees are not generating sufficient revenue to keep the program self-supporting. DOH has set a desired fund balance for this program, a reserve available for unanticipated expenditures such as costly disciplinary cases, at twenty percent. The fund balance has fallen below the desired fund balance, and is projected to fall into a deficit next biennium. The purpose of the proposed fee increases is to bring licensing fee revenues in alignment with the actual costs of regulating PTs and PTAs. DOH reduced fees for the PT program in 2015 because projections were showing a growing surplus in the fund balance. In the same fee rule, DOH substantially reduced the PTA fees so they weren't paying more than PTs. These projections were based on the best information available at the time, however, actual revenue and expenditures vary and are difficult to predict, and analysis now shows revenue has been lower than projected and expenditures higher. DOH is proposing to increase the renewal fee for PTs back up to the level it was prior to the 2015 fee reduction. DOH is proposing to increase the PTA renewal fee as well, while still maintaining a lower fee than PTs and still far below the pre-2015 level.
DOH is also proposing new fees to implement the compact that was enacted in chapter 108, Laws of 2017. The legislation directs DOH, in consultation with the board of physical therapy (board), to set fees for the compact privilege to meet the financial obligations of participating. An applicant for the compact privilege must have a current license in his or her home state with no encumbrances and no adverse actions in the previous two years.
DOH is also proposing adjustments to standardize fees for late renewal and duplicate credentials to meet agency standards for health profession fees.
Reasons Supporting Proposal: RCW
43.70.250 requires the cost of each licensing program to be fully borne by the profession's members and licensing fees to be based on the licensing program's costs. Without the proposed fee increases, the fund balance is anticipated to fall into a deficit next biennium.
RCW
18.74.510 (as amended in chapter 108, Laws of 2017) directs DOH, in consultation with the board, to establish fees to implement the compact. RCW
43.70.320 (also amended in chapter 108, Laws of 2017) requires the fees received for compact privilege to be used only for the purpose of meeting financial obligations imposed as a result of this state's participation in the compact.
DOH is proposing to maintain the current application/initial license fees at the request of the board because they thought increasing those fees might create a disincentive to licensure in Washington. The other fee adjustments will create consistency in the fees for functions that require similar staff time to complete across health professions.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOH, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Sherry Thomas, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4612; and Enforcement: Kris Waidely, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4847.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required 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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW
19.80.045.
July 27, 2018
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION(Amending WSR 15-19-149, filed 9/22/15, effective 1/1/16)
WAC 246-915-990Physical ((therapy)) therapist 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:
| | |
Title of Fee |
Fee |
Original application |
|
|
Application |
$65.00 |
Active license renewal |
|
|
License renewal |
((50.00)) 75.00 |
|
Late renewal penalty |
50.00 |
|
Expired license reissuance |
50.00 |
Inactive license renewal |
|
|
License renewal |
35.00 |
|
Expired license reissuance |
50.00 |
Duplicate license |
((15.00)) 10.00 |
Verification of license |
25.00 |
AMENDATORY SECTION(Amending WSR 15-19-149, filed 9/22/15, effective 1/1/16)
WAC 246-915-99005Physical therapist assistant 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 for physical therapist assistant:
| | |
Title of Fee |
Fee |
Original application |
|
|
Application |
$60.00 |
Active license renewal |
|
|
License renewal |
((45.00)) 70.00 |
|
Late renewal penalty |
((45.00)) 50.00 |
|
Expired license reissuance |
50.00 |
Inactive license renewal |
|
|
License renewal |
35.00 |
|
Expired license reissuance |
50.00 |
Duplicate license |
((15.00)) 10.00 |
Verification of license |
25.00 |
Chapter 246-915A WAC
PHYSICAL THERAPY LICENSURE COMPACT
NEW SECTION
WAC 246-915A-990Physical therapist and physical therapist assistant compact privilege fees and renewal cycle.
(1) The compact privilege must be renewed no later than the expiration date of the home state license. The compact privilege holder must comply with all physical therapy licensure compact eligibility requirements in this chapter to maintain the compact privilege.
(2) The following nonrefundable fees will be charged:
| |
Title of Fee |
Fee |
Application |
$45.00 |
Renewal |
45.00 |
Late renewal penalty |
45.00 |