WSR 20-24-043

PROPOSED RULES

DEPARTMENT OF HEALTH

(Occupational Therapy Practice Board)

[Filed November 23, 2020, 12:38 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 20-08-073.

Title of Rule and Other Identifying Information: WAC 246-847-125, Applicants currently licensed in other states or territories. The occupational therapy practice board is proposing to clarify requirements for continued competency for occupational therapist or occupational therapy assistant out-of-state applicants that have been licensed for less than two years.

Hearing Location(s): On January 22, 2021, at 9:10 a.m.

In response to the coronavirus disease 2019 (COVID-19) public health emergency, the occupational therapy practice board will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical meeting space, will be held instead.

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Date of Intended Adoption: January 22, 2021.

Submit Written Comments to: Kathy Weed, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by January 20, 2021.

Assistance for Persons with Disabilities: Contact Kathy Weed, phone 360-236-4883, fax 360-236-4883, TTY 711, email https://fortress.wa.gov/doh/policyreview, by January 15, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule clarifies the requirements for an applicant licensed in another state or jurisdiction for less than two years. Current licensing standards require thirty hours of continued competency for all out-of-state applicants. However, the continued competency requirements are not required until a licensee has been licensed for two years. The proposed amendments clarify that those licensed in another state or jurisdiction for at lease two years need to obtain thirty hours of continued competency prior to obtaining state licensure. Proposed rule language is clearer and allows Washington licensees and out-of-state applicants to have the same standard for continued competency.

Reasons Supporting Proposal: Proposed language is clearer and benefits recent graduates licensed in another state by not requiring them to obtain continued competency in an unreasonable amount of time prior to applying for Washington licensure. Rule making will establish enforceable and consistent licensing requirements.

Statutory Authority for Adoption: RCW 18.59.130.

Statute Being Implemented: RCW 18.59.130.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, occupational therapy practice board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kathy Weed, 111 Israel Road S.E., Tumwater, WA 98504, 360-236-4883.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kathy Weed, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4883, fax 360-236-2901, TTY 711, email kathy.weed@doh.wa.gov.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rules do not impact small businesses. The proposed rules only impact the person's license without significant cost to small businesses.

November 23, 2020

Sunny Anderson, OTA

Chair