WSR 23-22-060

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed October 25, 2023, 9:58 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 23-16-127.

Title of Rule and Other Identifying Information: Multistate nursing license fee (new) and increase to nursing center surcharge fee. The department of health (department) in consultation with the board of nursing (board), formerly known as the nursing care quality assurance commission, is proposing to increase the nursing center surcharge fee and proposing to create a new fee for a multistate nursing license in WAC 246-840-990. The proposed rule implements SSB 5499 Multistate nurse licensure compact (chapter 123, Laws of 2023). 

Hearing Location(s): On December 5, 2023, at 3:00 p.m., at the Department of Health, Town Center 2, 111 Israel Road S.E., Rooms 166 and 167, Tumwater, WA 98501; or virtually via Zoom. Register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_8L54h4jTS6SNILvK30afRA. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: December 12, 2023.

Submit Written Comments to: Heather Cantrell, P.O. Box 47850, Olympia, WA 98504-7850, email https://fortress.wa.gov/doh/policyreview, by December 5, 2023.

Assistance for Persons with Disabilities: Contact Heather Cantrell, phone 360-236-3538, fax 360-236-4738, TTY 711, email HSQAfeerules@doh.wa.gov, by November 21, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department, in consultation with the board, is proposing changes to WAC 246-840-990 to enact provisions in SSB 5499 that include Washington state in a nurse licensure compact with multiple states. The proposed rules update an existing licensing surcharge amount in rule to comply with the new surcharge amount in law for a central nursing resource center and set a fee for a new multistate license option for registered nurses (RNs) and licensed practical nurses (LPNs) residing in Washington state.

The department and the board are proposing a new surcharge amount of $8 to align with SSB 5499, which changes the existing surcharge from $5 to $8 on all license types for RNs and LPNs. Advanced registered nurse practitioners are only required to pay the surcharge on their RN licenses.

The department and board are proposing a new fee of $65 for an applicant applying for an RN and LPN multistate license. To renew a multistate license a $20 fee will be charged. These fees are in addition to the established application and renewal fees for RNs and LPNs. A Washington state licensed RN or LPN may pay the $65 multistate license fee to convert their existing license to a multistate license without paying other established application and renewal fees.

Reasons Supporting Proposal: The multistate license option will allow RNs and LPNs who reside in Washington state to forgo their single-state license and practice in-person or via telehealth in other compact states. To maintain the multistate license issued in Washington state, the RN or LPN must maintain their primary residence in Washington state.

The proposed surcharge increase for a central nursing resource center brings the department and the board into compliance with the law as amended by SSB 5499 effective July 23, 2023, which changes an existing surcharge from $5 to $8 on all license types for RNs and LPNs. The surcharge provides grants to a central nursing resource center.

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 board's fund balance will fall below the recommended levels.

Statutory Authority for Adoption: RCW 18.79.202, 18.130.040, 43.70.110, 43.70.250, 43.70.280; and SSB 5499 (chapter 123, Laws of 2023).

Statute Being Implemented: SSB 5499 (chapter 123, Laws of 2023).

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

Name of Proponent: Department of health and state board of nursing, governmental.

Name of Agency Personnel Responsible for Drafting: Jessilyn Dagum, 111 Israel Road S.E., Tumwater, WA 98504, 360-236-3538; Implementation: Amber Zawislak, 111 Israel Road S.E., Tumwater, WA 98504, 360-236-4785; and Enforcement: Catherine Woodard, 111 Israel Road S.E., Tumwater, WA 98504, 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), the department has determined that no significant analysis is required because the amendments are to set or adjust fees or 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 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.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed rules set and adjust fees.

Scope of exemption for rule proposal:

Is fully exempt.

October 25, 2023

Kristin Peterson, JD

Chief of Policy

for Umair A. Shah, MD, MPH

Secretary

OTS-4971.2