WSR 22-10-104

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed May 4, 2022, 10:41 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 21-23-053.

Title of Rule and Other Identifying Information: WAC 246-840-990 Fees and renewal cycle. The department of health (department) in consultation with the nursing care quality assurance commission (commission) is proposing fee increases for registered nurses (RNs), licensed practical nurses (LPNs), and advanced registered nurse practitioners (ARNPs). A fee change for nursing technicians (NTs) is not being proposed at this time.

Hearing Location(s): On June 13, 2022, at 2:00 p.m. Register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_dYNOpgEZTVqsB5ZC0MvMig. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: June 20, 2022.

Submit Written Comments to: Ross Valore, P.O. Box 47850, Olympia, WA 98540-7850, email https://fortress.wa.gov/doh/policyreview, HSQAfeerules@doh.wa.gov, by June 13, 2022.

Assistance for Persons with Disabilities: Contact Ross Valore, phone 360-236-4531, TTY 711, email HSQAfeerules@doh.wa.gov, by June 6, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department in consultation with the commission is proposing fee increases to ensure the department complies with RCW 43.70.250 and that profession fees are sufficient to cover the cost of licensing. The proposed fee increases are necessary to cover the cost of a database solution to replace an outdated licensing system, for staffing to continue nurse license processing within legislated timelines, and staffing to address increased workload associated with nursing assistants and the long-term care crisis. A technical change is proposed to WAC 246-840-990(5) to change "WAC 246-12 Part 2" to "WAC 246-12-020 through 246-12-051."

Reasons Supporting Proposal: RCW 43.70.250 requires that the costs of licensing in each profession be fully borne by members of that profession and the office of financial management (OFM) requires agencies to maintain a reasonable working capital reserve in state accounts to cover fluctuations in cash flow. Without fee increases, the commission's fund balance will fall below the recommended level by the end of fiscal year 2022 and decline thereafter. Three of the four nursing professions are being proposed for a fee increase: RNs, LPNs, and ARNPs. RNs comprise 80 percent of the 146,000 nursing professionals, LPNs eight percent, and ARNPs eight percent. The application fee and renewal fee increase for RNs is proposed to increase by $25 from $99 to $124. The application fee and renewal fee increase for LPNs is proposed to increase by $5 from $64 to $69. ARNPs application fee and renewal fee increase is proposed to increase by $5 from $125 to $130. These fee increases are recommended to meet the OFM requirements without unduly burdening any of the nursing professions financially. A fee change for NTs is not being proposed at this time because there are far fewer in the profession and raising fees for them would cause an undue burden financially.

The technical change is necessary to clearly identify the rules that must be complied with.

Statutory Authority for Adoption: RCW 18.36A.060, 18.36A.140, 43.70.110, 43.70.250, 43.70.280.

Statute Being Implemented: RCW 18.36A.060, 18.36A.140, 43.70.110, 43.70.250, 43.70.280.

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: Chris Archuleta, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-2748; Implementation: Amber Zawislak, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4785; and Enforcement: Catherine Wood, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4757.

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. As defined in RCW 34.05.328 (5)(b)(vi), the department has determined that no significant analysis is required because the revisions are to set or adjust fees.

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.

Explanation of exemptions: As defined in RCW 34.05.310 (4)(f), the department has determined that no small business economic impact statement is required because the revisions are to set or adjust fees.

May 3, 2022

Kristin Peterson, JD

Deputy Secretary

Policy and Planning

for Umair A. Shaw, MD, MPH

Secretary

OTS-3711.1