WSR 23-01-133

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed December 20, 2022, 5:48 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 22-20-067.

Title of Rule and Other Identifying Information: Multiple health profession fee amendments, including WAC 246-803-990, 246-809-990, 246-810-990, 246-815-990, 246-817-990, 246-817-99005, 246-828-990, 246-845-990, 246-915-990, 246-915-99005, 246-930-990, and 246-980-990. Amendments to fee rates are being proposed by the department of health (department) for the following professions: Acupuncturist or acupuncture and Eastern medicine practitioner, licensed mental health counselor, licensed advanced social worker and licensed independent clinical social worker, certified counselor, certified adviser, registered agency-affiliated counselor (excluding interns), dental hygienist, dentist, registered dental assistant, certified dental anesthesia assistant, licensed expanded function dental auxiliary, audiologist, speech-language pathologist, hearing aid specialist, speech-language pathology assistant, nursing pool operator, physical therapist, physical therapist assistant, sex offender treatment provider, affiliate treatment provider certificate, and home care aide. Additional technical updates are proposed to ensure clarity and consistency.

Hearing Location(s): On January 24, 2023, at 9:00 a.m. The department is holding this hearing via Zoom only. Please register in advance for this hearing at https://us02web.zoom.us/webinar/register/WN_zV_6IEypTqGLAWA4cAjMPA. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: January 25, 2023.

Submit Written Comments to: Heather Cantrell, P.O. Box 47850, Olympia, WA 98504-7850, email HSQAFeeRules@doh.wa.gov, https://fortress.wa.gov/doh/policyreview, by January 23, 2023.

Assistance for Persons with Disabilities: Contact Heather Cantrell, phone 360-236-4637, TTY 711, email HSQAFeeRules@doh.wa.gov, by January 16, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 43.70.250 requires that the costs of licensing each profession be fully borne by members of that profession. The office of financial management also requires professions to maintain a reasonable cash reserve to cover fluctuations in cash flow and operating expenses. These changes are needed to ensure the department is in line with RCW 43.70.250 and the fees set are sufficient to recover the costs of licensing the professions. These changes will also address the petition from the Washington acupuncture and Eastern medicine association (WAEMA) requesting the department lower the licensure fees for acupuncture and Eastern medicine practitioners. The department is also proposing modifications in rule language for clarity and consistency.

Reasons Supporting Proposal: Assessments of fund balances were performed to determine if the fund balances were projected to have either too much or too little to maintain levels. These adjustments are needed to maintain the appropriate balance amounts as identified in the assessment. RCW 43.70.250 requires that the costs of licensing each profession be fully borne by members of the profession.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250, and 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: Heather Cantrell, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4637; Implementation: Shawna Fox, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4700; and Enforcement: Blake Maresh,111 Israel Road S.E., Tumwater, WA 98501, 360-236-4700.

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), the department has determined that no significant analysis is required because the revisions are to set or adjust fees, correct, or clarify language without changing the effect of the rule.

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 only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and 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 or clarify language under RCW 34.05.310 (4)(d).

Scope of exemption for rule proposal:

Is fully exempt.

December 20, 2022

Kristin Peterson, JD

Chief of Policy

for Umair A. Shah, MD, MPH

Secretary

OTS-4235.1

AMENDATORY SECTION(Amending WSR 21-09-008, filed 4/8/21, effective 5/9/21)

WAC 246-803-990Acupuncturist or acupuncture and Eastern medicine practitioner 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
License application	(($100.00)) $60.00
License renewal	((196.00))60.00
Inactive license renewal	50.00
Late renewal penalty	((105.00))50.00
Expired license reissuance	50.00
Expired inactive license reissuance	50.00
Duplicate license	15.00
Certification of license	25.00
Acupuncture or Eastern medicine training program application	500.00
UW library access fee	9.00

OTS-4236.1

AMENDATORY SECTION(Amending WSR 21-20-030, filed 9/24/21, effective 10/25/21)

WAC 246-809-990Licensed counselor, and associate—Fees and renewal cycle.

(1) Except for a probationary license as described in WAC 246-809-095, a license must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC.

(2) Associate licenses are valid for one year and must be renewed every year on the date of issuance. The associate license may be renewed no more than six times, except as provided in RCW 18.225.145.

(3) The following nonrefundable fees will be charged:

Title			Fee
Licensed marriage and family therapist
	Original application
		Application and initial license	$290.00
		UW online access fee (HEAL-WA)	16.00
	Active license renewal
		Renewal	180.00
		Late renewal penalty	90.00
		Expired license reissuance	85.00
		UW online access fee (HEAL-WA)	16.00
	Retired active license renewal
		Renewal	70.00
		Late renewal penalty	35.00
		UW online access fee (HEAL-WA)	16.00
	Duplicate license		10.00
	Verification of license		25.00
Licensed marriage and family therapy associate
	Original application
		Application	65.00
		UW online access fee (HEAL-WA)	16.00
	Renewal
		Renewal	50.00
		UW online access fee (HEAL-WA)	16.00
		Late renewal penalty	50.00
		Expired license reissuance	40.00
	Duplicate license		10.00
	Verification of license		25.00
Licensed mental health counselor
	Original application
		Application	95.00
		Initial license	80.00
		UW online access fee (HEAL-WA)	16.00
	Active license renewal
		Renewal	((90.00))125.00
		Late renewal penalty	((50.00))65.00
		Expired license reissuance	65.00
		UW online access fee (HEAL-WA)	16.00
	Retired active license renewal
		Renewal retired active	70.00
		Late renewal penalty	35.00
		UW online access fee (HEAL-WA)	16.00
	Duplicate license		10.00
	Verification of license		25.00
Licensed mental health counselor associate
	Original application
		Application	35.00
	Renewal
		Renewal	25.00
		Late renewal penalty	25.00
		Expired license reissuance	40.00
	Duplicate license		10.00
	Verification of license		25.00
Licensed advanced social worker and licensed independent clinical social worker
	Original application
		Application and initial license	((100.00))170.00
		((Initial license	100.00))
		UW online access fee (HEAL-WA)	16.00
	Active license renewal
		Renewal	((100.00))70.00
		Late renewal penalty	50.00
		Expired license reissuance	72.50
		UW online access fee (HEAL-WA)	16.00
	Retired active license renewal
		Renewal retired active	65.00
		Late renewal penalty	30.00
		UW online access fee (HEAL-WA)	16.00
	Duplicate license		10.00
	Verification of license		25.00
Licensed advanced social worker associate and licensed independent clinical social worker associate
	Original application
		Application	35.00
		UW online access fee (HEAL-WA)*	16.00
	Renewal
		Renewal	25.00
		Late renewal penalty	25.00
		UW online access fee (HEAL-WA)*	16.00
		Expired license reissuance	40.00
	Duplicate license		10.00
	Verification of license		25.00

*	Surcharge applies to independent clinical social worker associate only.

(4) For a probationary license as described under WAC 246-809-095, the following nonrefundable fees will be charged:

Title			Fee
Licensed marriage and family therapist
	Original application
		Application and initial license	$290.00
	Active license renewal
		Renewal	180.00
		Late renewal penalty	90.00
		Expired license reissuance	85.00
	Duplicate license		10.00
	Verification of license		25.00
Licensed mental health counselor
	Original application
		Application and initial license	175.00
	Active license renewal
		Renewal	90.00
		Late renewal penalty	50.00
		Expired license reissuance	65.00
	Duplicate license		10.00
	Verification of license		25.00
Licensed advanced social worker and licensed independent clinical social worker
	Original application
		Application and initial license	200.00
	Active license renewal
		Renewal	100.00
		Late renewal penalty	50.00
		Expired license reissuance	72.50
	Duplicate license		10.00
	Verification of license		25.00

OTS-4237.1

AMENDATORY SECTION(Amending WSR 21-16-002, filed 7/22/21, effective 11/1/21)

WAC 246-810-990Counselors fees and renewal cycle.

(1) Under chapter 246-12 WAC, a counselor must renew their credential every year on the practitioner's birthday.

(2) Examination and reexamination fees are the responsibility of the applicant and are paid directly to the testing company.

(3) The following nonrefundable fees will be charged:

Title		Fee
Registered hypnotherapist:
	Application and registration	$155.00
	Renewal	$80.00
	Late renewal penalty	$75.00
	Expired registration reissuance	$75.00
	Duplicate registration	$10.00
	Verification of registration	$25.00
Certified counselor:
	Application and certification	(($345.00))$680.00
	Examination or reexamination	$85.00
	Renewal	(($305.00))$800.00
	Late renewal penalty	(($155.00))$300.00
	Expired credential reissuance	$100.00
	Duplicate credential	$10.00
	Verification of credential	$25.00
Certified adviser:
	Application and certification	(($285.00))$620.00
	Examination or reexamination	$85.00
	Renewal	(($250.00))$745.00
	Late renewal penalty	(($125.00))$300.00
	Expired credential reissuance	$100.00
	Duplicate credential	$10.00
	Verification of credential	$25.00
Registered agency affiliated counselor:
	Application and registration	(($90.00))$175.00
	Renewal	(($75.00))$185.00
	Late renewal penalty	(($50.00))$95.00
	Expired registration reissuance	$50.00
	Duplicate registration	$10.00
	Verification of registration	$25.00

OTS-4238.1

AMENDATORY SECTION(Amending WSR 18-21-141, filed 10/19/18, effective 11/19/18)

WAC 246-815-990Dental hygiene 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
Application examination and reexamination. . . .	$100.00
Renewal. . . .	((50.00))70.00
Late renewal penalty. . . .	50.00
Expired license reissuance. . . .	50.00
Credentialing application. . . .	100.00
Limited license application. . . .	100.00
Limited license renewal. . . .	((50.00))70.00
Limited license late renewal penalty. . . .	50.00
Expired limited license reissuance. . . .	50.00
Duplicate license. . . .	15.00
Verification of license. . . .	25.00
Education program evaluation. . . .	200.00

OTS-4239.1

AMENDATORY SECTION(Amending WSR 15-07-004, filed 3/6/15, effective 4/6/15)

WAC 246-817-990Dentist 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 faculty and resident licenses.

(2) Faculty and resident licenses must be renewed every year on July 1 as provided in chapter 246-12 WAC((, Part 2)).

(3) The following nonrefundable fees will be charged:

Title of Fee		Fee
Original application by examination*
Initial application		$500.00
Original application - Without examination
Initial application		500.00
Initial license		500.00
Faculty license application		500.00
Resident license application		115.00
Active license renewal:
Renewal		((350.00))365.00
Surcharge - Impaired dentist		50.00
Late renewal penalty		((288.00))185.00
Expired license reissuance		300.00
Inactive license renewal:
Renewal		125.00
Surcharge - Impaired dentist		50.00
Late renewal penalty		50.00
Retired active license renewal
Renewal		150.00
Surcharge - Impaired dentist		50.00
Late renewal penalty		75.00
Duplicate license		15.00
Certification of license		25.00
Anesthesia permit
Initial application		150.00
Renewal - (Three-year renewal cycle)		((150.00))160.00
Late renewal penalty		((75.00))80.00
Expired permit reissuance		50.00
On-site inspection fee	To be determined by future rule adoption.

*	In addition to the initial application fee above, applicants for licensure via examination will be required to submit a separate application and examination fee directly to the dental testing agency accepted by the dental quality assurance commission.

OTS-4240.1

AMENDATORY SECTION(Amending WSR 12-24-015, filed 11/27/12, effective 7/1/13)

WAC 246-817-99005Dental assistant, dental anesthesia assistant, and expanded function dental auxiliary fees and renewal cycle.

(1) Credentials 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 dental assistant, dental anesthesia assistant, and expanded function dental auxiliary credentials:

Title of Fee - Dental Professionals	Fee
Registered dental assistant application	$40.00
Registered dental assistant renewal	((21.00))25.00
Registered dental assistant late renewal	((21.00))25.00
Registered dental assistant expired reactivation	20.00
Certified dental anesthesia assistant application	100.00
Certified dental anesthesia assistant renewal	((75.00))85.00
Certified dental anesthesia assistant late renewal	50.00
Certified dental anesthesia assistant expired reactivation	75.00
Licensed expanded function dental auxiliary application	175.00
Licensed expanded function dental auxiliary renewal	((160.00))165.00
Licensed expanded function dental auxiliary late renewal	((80.00))85.00
Licensed expanded function dental auxiliary expired reactivation	50.00
Duplicate credential	15.00
Certification of credential	25.00

OTS-4241.1

AMENDATORY SECTION(Amending WSR 22-13-103, filed 6/15/22, effective 8/1/22)

WAC 246-828-990Hearing aid specialist, audiologist, speech-language pathologist, and speech-language pathology assistant fees and renewal cycle.

(1) Credentials must be renewed every year on the practitioner's birthday as provided in WAC 246-12-030.

(2) Practitioners must pay the following nonrefundable fees:

Audiologist or Speech-Language Pathologist
Fee Type:		Fee
Interim permit
	Application	$165.00
	Permit	140.00
Initial license
	Application and license	((110.00))175.00
	((License	95.00))
	HEAL-WA* surcharge	16.00
Active license renewal
	Renewal	((75.00))45.00
	Late renewal penalty	((50.00))45.00
	HEAL-WA* surcharge	16.00
	Expired license reissuance	140.00
Inactive license
	Renewal	60.00
	Expired license reissuance	90.00
Verification of license		25.00
Duplicate license		10.00

* Surcharge applies to speech-language pathologists only. HEAL-WA is the health resources for Washington online library. See RCW 43.70.110.

Hearing Aid Specialist
Fee Type:		Fee
Initial license
	Application and license	(($110.00))$175.00
	((License	95.00))
Hearing aid specialist practical exam for Washington hearing society applicants		350.00
Active license renewal
	Renewal	((75.00))45.00
	Late renewal penalty	((50.00))45.00
	Expired license reissuance	136.00
Inactive license renewal
	Renewal	56.00
	Expired license reissuance	86.00
Verification of license		25.00
Duplicate license		10.00

Speech-Language Pathology Assistant
Fee Type:		Fee
Initial credential
	Application	(($85.00))$55.00
Active credential renewal
	Renewal	((45.00))15.00
	Late renewal penalty	((45.00))15.00
	Expired credential reissuance	50.00
Inactive credential renewal
	Renewal	50.00
	Expired credential reissuance	50.00
Verification of credential		25.00
Duplicate credential		10.00

OTS-4242.1

AMENDATORY SECTION(Amending WSR 17-24-014 and 17-22-088, filed 11/27/17 and 10/27/17, effective 3/1/18)

WAC 246-845-990Nursing pool fees and renewal cycle.

(1) Registrations must be renewed every year on the ((practitioner's birthday))date of original issuance as provided in chapter 246-12 WAC((, Part 2)).

(2) The following nonrefundable fees will be charged:

Title of Fee		Fee
Original application		$175.00
Renewal		((155.00))280.00
	Late renewal penalty	((80.00)) 140.00
Expired registration reissuance		60.00
Duplicate license		10.00
Verification of license		25.00

OTS-4243.1

AMENDATORY SECTION(Amending WSR 18-21-140, filed 10/19/18, effective 2/1/19)

WAC 246-915-990Physical 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))$80.00
Active license renewal
	License renewal	((75.00))100.00
	Late renewal penalty	50.00
	Expired license reissuance	50.00
Inactive license renewal
	License renewal	35.00
	Expired license reissuance	50.00
Duplicate license		10.00
Verification of license		25.00

OTS-4244.1

AMENDATORY SECTION(Amending WSR 18-21-140, filed 10/19/18, effective 2/1/19)

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))$75.00
Active license renewal
	License renewal	((70.00))95.00
	Late renewal penalty	50.00
	Expired license reissuance	50.00
Inactive license renewal
	License renewal	35.00
	Expired license reissuance	50.00
Duplicate license		10.00
Verification of license		25.00

OTS-4245.1

AMENDATORY SECTION(Amending WSR 21-13-079, filed 6/15/21, effective 7/16/21)

WAC 246-930-990Sex offender treatment provider fees and renewal cycle.

(1) Certificates must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC.

(2) The following nonrefundable fees will be charged for:

Title of Fee	Fee
Sex offender treatment provider:
Application and examination	(($600.00))$450.00
Reexamination	250.00
Initial certification	((200.00))50.00
Renewal	((1,000.00))500.00
Inactive status	300.00
Late renewal penalty	((300.00))250.00
Expired certificate reissuance	300.00
Expired inactive certificate reissuance	150.00
Duplicate certificate	15.00
Verification of certification	15.00

(3) The following nonrefundable fees will be charged for affiliate treatment provider:

Title of Fee	Fee
Application and examination	((400.00))200.00
Reexamination	250.00
Renewal	((500.00))250.00
Inactive status	250.00
Late renewal penalty	((250.00))125.00
Expired affiliate certificate reissuance	250.00
Expired inactive affiliate certificate reissuance	100.00
Duplicate certificate	15.00

(4) Under RCW 71.09.360, fees established in this section may be waived for sex offender treatment providers contracted to provide treatment services to persons on conditional release in underserved counties as determined by the department of social and health services.

OTS-4246.1

AMENDATORY SECTION(Amending WSR 16-05-021 and 15-19-150, filed 2/8/16 and 9/22/15, effective 5/1/16)

WAC 246-980-990Home care aide certification fees.

(1) Certifications 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 home care aide:

Title of Fee	Fee
Application	(($85.00))$100.00
Certification renewal	((85.00))100.00
Late renewal penalty	((30.00))50.00
Expired certification reactivation	30.00
Duplicate certification	15.00
Verification	25.00