AN ACT Relating to
department of health responsibility for uniform administrative procedures for
credentialing health professionals; amending RCW 43.70.250, 43.70.280,
18.06.120, 18.19.070, 18.19.100, 18.19.170, 18.22.120, 18.25.020, 18.25.070,
18.29.021, 18.29.071, 18.30.120, 18.30.130, 18.32.110, 18.32.170, 18.32.180,
18.32.220, 18.34.120, 18.35.060, 18.35.080, 18.35.090, 18.36A.130, 18.36A.140,
18.50.050, 18.50.102, 18.52.110, 18.52.130, 18.52C.030, 18.53.050, 18.53.070,
18.55.030, 18.55.040, 18.55.050, 18.57.035, 18.57.045, 18.57.050, 18.57.080,
18.57A.020, 18.71A.040, 18.59.110, 18.64.040, 18.64.043, 18.64.045, 18.64.046,
18.64.047, 18.64.140, 18.64.205, 18.64.310, 18.64A.030, 18.64A.060, 18.71.080,
18.71.085, 18.71.095, 18.71.205, 18.71.400, 18.71A.020, 18.71A.040, 18.74.050,
18.74.060, 18.74.070, 18.79.200, 18.79.210, 18.83.060, 18.83.072, 18.83.080,
18.83.082, 18.83.090, 18.83.105, 18.83.170, 18.84.100, 18.84.110, 18.84.120,
18.88A.120, 18.88A.130, 18.89.110, 18.89.120, 18.89.140, 18.92.140, 18.92.145,
18.108.060, 18.135.050, 18.135.055, 18.138.040, 18.138.060, 18.155.040,
18.155.080, and 42.17.310; reenacting and amending RCW 18.57.130; adding a new
section to chapter 43.70 RCW; creating a new section; and repealing RCW
18.30.110, 18.32.120, 18.53.055, 18.64A.065, 18.79.220, and 18.83.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 43.70.250 and 1989
1st ex.s. c 9 s 319 are each amended to read as follows:
(((1))) It shall
be the policy of the state of Washington that the cost of each professional,
occupational, or business licensing program be fully borne by the members of
that profession, occupation, or business. The secretary shall from time to
time establish the amount of all application fees, license fees, registration
fees, examination fees, permit fees, renewal fees, and any other fee associated
with licensing or regulation of professions, occupations, or businesses
administered by the department. In fixing said fees, the secretary shall set
the fees for each program at a sufficient level to defray the costs of
administering that program. All such fees shall be fixed by rule adopted by
the secretary in accordance with the provisions of the administrative procedure
act, chapter 34.05 RCW.
(((2)
Notwithstanding subsection (1) of this section, no fee for midwives, as
licensed in chapter 18.50 RCW may be increased by more than one hundred dollars
or fifty percent, whichever is greater during any biennium.))
Sec. 2. RCW 43.70.280 and 1989
1st ex.s. c 9 s 322 are each amended to read as follows:
(1) The secretary,
in consultation with health profession boards and commissions, shall establish
by rule the administrative procedures, administrative requirements, and fees
for initial issue, renewal, and reissue of a credential for professions under
RCW 18.130.040, including procedures and requirements for late renewals and
uniform application of late renewal penalties. Failure to renew invalidates
the credential and all privileges granted by the credential. Administrative
procedures and administrative requirements do not include establishing,
monitoring, and enforcing qualifications for licensure, scope or standards of
practice, continuing competency mechanisms, and discipline when such authority
is authorized in statute to a health profession board or commission. For the
purposes of this section, "in consultation with" means providing an
opportunity for meaningful participation in development of rules consistent with
processes set forth in RCW 34.05.310.
(2)
Notwithstanding any provision of law to the contrary which provides for a
licensing period for any type of license subject to this chapter including
those under RCW 18.130.040, the secretary of health may, from time to time,
extend or otherwise modify the duration of any licensing, certification, or
registration period, whether an initial or renewal period, if the secretary
determines that it would result in a more economical or efficient operation of
state government and that the public health, safety, or welfare would not be
substantially adversely affected thereby. However, no license, certification,
or registration may be issued or approved for a period in excess of four years,
without renewal. Such extension, reduction, or other modification of a
licensing, certification, or registration period shall be by rule or regulation
of the department of health adopted in accordance with the provisions of
chapter 34.05 RCW. Such rules and regulations may provide a method for
imposing and collecting such additional proportional fee as may be required for
the extended or modified period.
(3) Unless extended
by the legislature, effective July 1, 1998, the authority of the secretary to
establish administrative procedures and administrative requirements for initial
issue, renewal, and reissue of a credential, including procedures and
requirements for late renewals and uniform application of late renewal
penalties, shall cease to apply to those health professions otherwise regulated
by a board or commission with statutory rule-making authority. If not extended
by the legislature, such authority shall transfer to the respective board or
commission. Rules adopted by the secretary under this section shall remain in
effect after July 1, 1998, until modified or repealed in accordance with the
provisions of chapter 34.05 RCW.
Sec. 3. RCW 18.06.120 and 1995 c
323 s 10 are each amended to read as follows:
(1) Every person
licensed in acupuncture shall ((register with the secretary annually and pay
an annual renewal fee determined by the secretary as provided in RCW 43.70.250
on or before the license holder's birth anniversary date. The license of the
person shall be renewed for a period of one year or longer in the discretion of
the secretary. A person whose practice is exclusively out-of-state or who is
on sabbatical shall be granted an inactive licensure status and pay a reduced
fee. The reduced fee shall be set by the secretary under RCW 43.70.250)) comply
with the administrative procedures and administrative requirements for
registration and renewal set by the secretary under RCW 43.70.250 and 43.70.280.
(2) ((Any failure to
register and pay the annual renewal fee shall render the license invalid. The
license shall be reinstated upon: (a) Written application to the secretary;
(b) payment to the state of a penalty fee determined by the secretary as
provided in RCW 43.70.250; and (c) payment to the state of all delinquent
annual license renewal fees.
(3) Any person who
fails to renew his or her license for a period of three years shall not be
entitled to renew the licensure under this section. Such person, in order to
obtain a licensure in acupuncture in this state, shall file a new application
under this chapter, along with the required fee, and shall meet examination or
continuing education requirements as the secretary, by rule, provides.
(4))) All fees collected under this section and RCW
18.06.070 shall be credited to the health professions account as required under
RCW 43.70.320.
Sec. 4. RCW 18.19.070 and 1994
sp.s. c 9 s 501 are each amended to read as follows:
(1) The Washington
state mental health quality assurance council is created, consisting of ((nine))
seven members appointed by the secretary. All appointments shall be for
a term of four years. No person may serve as a member of the council for more
than two consecutive full terms.
Voting members of the
council must include one social worker certified under RCW 18.19.110, one
mental health counselor certified under RCW 18.19.120, one marriage and family
therapist certified under RCW 18.19.130, one counselor registered under RCW
18.19.090, one hypnotherapist registered under RCW 18.19.090, and two public
members. Each member of the council must be a citizen of the United States and
a resident of this state. Public members of the council may not be a member of
any other health care licensing board or commission, or have a fiduciary
obligation to a facility rendering health services regulated by the council, or
have a material or financial interest in the rendering of health services
regulated by the council.
The secretary may
appoint the initial members of the council to staggered terms of from one to
four years. Thereafter, all members shall be appointed to full four-year
terms. Members of the council hold office until their successors are
appointed.
The secretary may
remove any member of the council for cause as specified by rule. In the case
of a vacancy, the secretary shall appoint a person to serve for the remainder
of the unexpired term.
(2) The council shall
meet at the times and places designated by the secretary and shall hold
meetings during the year as necessary to provide advice to the secretary.
Each member of the
council shall be reimbursed for travel expenses as authorized in RCW 43.03.050
and 43.03.060. In addition, members of the council shall be compensated in
accordance with RCW 43.03.240 when engaged in the authorized business of the
council. The members of the council are immune from suit in an action, civil
or criminal, based on their official acts performed in good faith as members of
the council.
Sec. 5. RCW 18.19.100 and 1991 c
3 s 25 are each amended to read as follows:
The secretary shall
establish ((by rule the procedural)) administrative procedures,
administrative requirements, and fees for renewal of registrations((.
Failure to renew shall invalidate the registration and all privileges granted
by the registration. Subsequent registration will require application and
payment of a fee as determined by the secretary under RCW 43.70.250)) as
provided in RCW 43.70.250 and 43.70.280.
Sec. 6. RCW 18.19.170 and 1991 c
3 s 32 are each amended to read as follows:
A certificate issued
under this chapter shall be renewed as ((determined by)) provided in
RCW 43.70.250 and 43.70.280. The secretary ((who)) may establish ((rules
governing)) continuing competence requirements. ((An additional fee may
be set by the secretary as a renewal requirement when certification has lapsed
due to failure to renew prior to the expiration date.))
Sec. 7. RCW 18.22.120 and 1990 c
147 s 13 are each amended to read as follows:
The board shall
establish by rule the requirements for renewal of licenses and relicensing.
((The secretary shall establish a renewal and late renewal penalty fee as
provided in RCW 43.70.250, and the term for renewal of a license under RCW
43.70.280. Failure to renew invalidates the license and all privileges granted
by it. The board shall determine by rule when a license shall be canceled for
failure to renew and shall establish prerequisites for relicensing)) Administrative
procedures, administrative requirements, and fees shall be established as
provided in RCW 43.70.250 and 43.70.280.
Sec. 8. RCW 18.25.020 and 1994
sp.s. c 9 s 109 are each amended to read as follows:
(1) Any person not now
licensed to practice chiropractic in this state and who desires to practice
chiropractic in this state, before it shall be lawful for him or her to do so,
shall make application therefor to the secretary, upon such form and in such
manner as may be adopted and directed by the secretary. Each applicant who
matriculates to a chiropractic college after January 1, 1975, shall have
completed not less than one-half of the requirements for a baccalaureate degree
at an accredited and approved college or university and shall be a graduate of
a chiropractic school or college accredited and approved by the commission and
shall show satisfactory evidence of completion by each applicant of a resident
course of study of not less than four thousand classroom hours of instruction
in such school or college. Applications shall be in writing and shall be
signed by the applicant in his or her own handwriting and shall be sworn to
before some officer authorized to administer oaths, and shall recite the
history of the applicant as to his or her educational advantages, his or her
experience in matters pertaining to a knowledge of the care of the sick, how
long he or she has studied chiropractic, under what teachers, what collateral
branches, if any, he or she has studied, the length of time he or she has
engaged in clinical practice; accompanying the same by reference therein, with
any proof thereof in the shape of diplomas, certificates, and shall accompany
said application with satisfactory evidence of good character and reputation.
(2) ((There shall be
paid to the secretary by each applicant for a license, a fee determined by the
secretary as provided in RCW 43.70.250 which shall accompany application and a
fee determined by the secretary as provided in RCW 43.70.250, which shall be
paid upon issuance of license. Like fees shall be paid for any subsequent
examination and application)) Applicants shall follow administrative
procedures and administrative requirements and pay fees as provided in RCW
43.70.250 and 43.70.280.
Sec. 9. RCW 18.25.070 and 1994
sp.s. c 9 s 114 are each amended to read as follows:
(((1))) Every
person practicing chiropractic shall, as a prerequisite to ((annual))
renewal of license, submit to the secretary at the time of application
therefor, satisfactory proof showing attendance of at least twenty-five hours per
year during the preceding ((twelve-month)) credential period,
at one or more chiropractic symposiums which are recognized and approved by the
commission. The commission may, for good cause shown, waive said attendance.
The following guidelines for such symposiums shall apply:
(((a))) (1)
The commission shall set criteria for the course content of educational
symposia concerning matters which are recognized by the state of Washington
chiropractic licensing laws; it shall be the licensee's responsibility to
determine whether the course content meets these criteria;
(((b))) (2)
The commission shall adopt standards for distribution of annual continuing
education credit requirements;
(((c))) (3)
Rules shall be adopted by the commission for licensees practicing and residing
outside the state who shall meet all requirements established by rule of the
commission.
(((2) Every person
practicing chiropractic within this state shall pay on or before his or her
birth anniversary date, after a license is issued to him or her as provided in
this chapter, to the secretary a renewal license fee to be determined by the
secretary as provided in RCW 43.70.250. The secretary shall, thirty days or
more before the birth anniversary date of each chiropractor in the state, mail
to that chiropractor a notice of the fact that the renewal fee will be due on
or before his or her birth anniversary date. Nothing in this chapter shall be
construed so as to require that the receipts shall be recorded as original
licenses are required to be recorded.
The failure of any
licensed chiropractor to pay his or her annual license renewal fee within
thirty days of license expiration shall work a forfeiture of his or her
license. It shall not be reinstated except upon evidence that continuing
educational requirements have been fulfilled and the payment of a penalty to be
determined by the secretary as provided in RCW 43.70.250, together with all
annual license renewal fees delinquent at the time of the forfeiture, and those
for each year thereafter up to the time of reinstatement. If the licensee
allows his or her license to lapse for more than three years, he or she may be
reexamined as provided for in RCW 18.25.040 at the discretion of the
commission.))
Sec. 10. RCW 18.29.021 and 1995 c
198 s 4 are each amended to read as follows:
(1) The department
shall issue a license to any applicant who, as determined by the secretary:
(a) Has successfully
completed an educational program approved by the secretary. This educational
program shall include course work encompassing the subject areas within the
scope of the license to practice dental hygiene in the state of Washington;
(b) Has successfully
completed an examination administered or approved by the dental hygiene
examining committee; and
(c) Has not engaged in
unprofessional conduct or is not unable to practice with reasonable skill and
safety as a result of a physical or mental impairment.
(2) Applications for
licensure ((shall be submitted on forms provided by the department. The
department may require any information and documentation necessary to determine
if the applicant meets the criteria for licensure as provided in this chapter
and chapter 18.130 RCW. Each applicant shall pay a fee determined by the
secretary as provided in RCW 43.70.250. The fee shall be submitted with the
application)) must comply with administrative procedures, administrative
requirements, and fees established according to RCW 43.70.250 and 43.70.280.
Sec. 11. RCW 18.29.071 and 1991 c
3 s 49 are each amended to read as follows:
The secretary shall
establish ((by rule)) the administrative procedures, administrative
requirements, and fees for renewal of licenses as provided in this
chapter and in RCW 43.70.250 and 43.70.280. ((The secretary shall
establish a renewal and late renewal penalty fee as provided in RCW 43.70.250.
Failure to renew invalidates the license and all privileges granted by the
license. The secretary shall determine by rule whether a license shall be canceled
for failure to renew and shall establish procedures and requirements for
relicensure.))
Sec. 12. RCW 18.30.120 and 1995 c
1 s 13 (Initiative Measure No. 607) are each amended to read as follows:
(1) ((A license
issued under RCW 18.30.080 is valid for two years. A license may be renewed by
paying the renewal fee)) The licensing period, administrative
procedures, administrative requirements, and fees shall be determined by the
secretary as provided in RCW 43.70.250 and 43.70.280.
(2) ((If a license
issued is effective on a date other than July 1, it shall be valid until the
following June 30.
(3))) The license shall contain, on its face, the
address or addresses where the license holder will perform the denturist
services.
Sec. 13. RCW 18.30.130 and 1995 c
198 s 23 are each amended to read as follows:
The secretary shall
establish by rule the ((administrative)) requirements for renewal of
licenses to practice denturism, but shall not increase the licensure
requirements provided in this chapter. The secretary shall establish ((a
renewal and late renewal penalty in accordance with RCW 43.70.250. Failure to
renew shall invalidate the license and all privileges granted by the license.
The secretary shall determine by rule whether a license shall be canceled for
failure to renew and shall establish procedures and prerequisites for
relicensure)) administrative procedures, administrative requirements,
and fees for license periods and renewals as provided in RCW 43.70.250 and
43.70.280.
Sec. 14. RCW 18.32.110 and 1991 c
3 s 63 are each amended to read as follows:
Each applicant shall
pay a fee determined by the secretary as provided in RCW 43.70.250((, which
shall accompany the application)) and 43.70.280.
Sec. 15. RCW 18.32.170 and 1991 c
3 s 66 are each amended to read as follows:
A fee determined by the
secretary as provided in RCW 43.70.250 and 43.70.280 shall be charged
for every duplicate license issued by the secretary.
Sec. 16. RCW 18.32.180 and 1994
sp.s. c 9 s 216 are each amended to read as follows:
(((1))) Every
person licensed to practice dentistry in this state shall ((register with
the secretary, and pay a renewal registration fee determined by the secretary
as provided in RCW 43.70.250. Any failure to register and pay the renewal
registration fee renders the license invalid, and the practice of dentistry
shall not be permitted. The license shall be reinstated upon written
application to the secretary and payment to the state of a penalty fee
determined by the secretary as provided in RCW 43.70.250, together with all
delinquent license renewal fees.
(2) A person who
fails to renew the license for a period of three years may not renew the
license under subsection (1) of this section. In order to obtain a license to
practice dentistry in this state, such a person shall file an original
application as provided for in this chapter, along with the requisite fees.)) renew his or her license and comply with
administrative procedures, administrative requirements, and fees as provided in
RCW 43.70.250 and 43.70.280. The commission, in its sole discretion, may
permit the applicant to be licensed without examination, and with or without
conditions, if it is satisfied that the applicant meets all the requirements
for licensure in this state and is competent to engage in the practice of
dentistry.
Sec. 17. RCW 18.32.220 and 1991 c
3 s 70 are each amended to read as follows:
Anyone who is a
licensed dentist in the state of Washington who desires to change residence to
another state or territory, shall, upon application to the secretary and
payment of a fee as determined by the secretary under RCW 43.70.250 and
43.70.280, receive a certificate over the signature of the secretary or his
or her designee, which shall attest to the facts mentioned in this section, and
giving the date upon which the dentist was licensed.
Sec. 18. RCW 18.34.120 and 1991 c
3 s 79 are each amended to read as follows:
Each licensee hereunder
shall pay ((an annual)) a renewal registration fee determined by
the secretary as provided in RCW 43.70.250((, on or before the first day of
July of each year, and thereupon the license of such person shall be renewed
for a period of one year. Any failure to pay the annual renewal registration
fee shall render the license invalid, but such license shall be reinstated upon
written application therefor to the secretary and payment of a penalty
determined by the secretary as provided in RCW 43.70.250, together with all
delinquent annual license renewal fees. In addition,)) and 43.70.280.
The secretary may adopt rules establishing mandatory continuing education
requirements to be met by persons applying for license renewal.
Sec. 19. RCW 18.35.060 and 1993 c
313 s 3 are each amended to read as follows:
(1) The department
shall issue a trainee license to any applicant who has shown to the
satisfaction of the department that the applicant:
(a) ((The applicant))
Is at least eighteen years of age;
(b) If issued a trainee
license, would be employed and directly supervised in the fitting and
dispensing of hearing aids by a person licensed in good standing as a
fitter-dispenser for at least one year unless otherwise approved by the board;
and
(c) Has ((paid an
application fee)) complied with administrative procedures,
administrative requirements, and fees determined ((by the secretary))
as provided in RCW 43.70.250((, to the department)) and 43.70.280.
The provisions of RCW
18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a trainee
license. Pursuant to the provisions of this section, a person issued a trainee
license may engage in the fitting and dispensing of hearing aids without having
first passed the examination provided under this chapter.
(2) The trainee license
shall contain the name of the person licensed under this chapter who is
employing and supervising the trainee and that person shall execute an
acknowledgment of responsibility for all acts of the trainee in connection with
the fitting and dispensing of hearing aids.
(3) A trainee may fit
and dispense hearing aids, but only if the trainee is under the direct
supervision of a person licensed under this chapter in a capacity other than as
a trainee. Direct supervision by a licensed fitter-dispenser shall be required
whenever the trainee is engaged in the fitting or dispensing of hearing aids
during the trainee's first three months of full-time employment. The board
shall develop and adopt guidelines on any additional supervision or training it
deems necessary.
(4) ((The trainee
license shall expire one year from the date of its issuance except that on
recommendation of the board the license may be reissued for one additional year
only)) No individual may hold a trainee license for more than two years.
(5) No person licensed
under this chapter may assume the responsibility for more than two trainees at
any one time, except that the department may approve one additional trainee if
none of the trainees is within the initial ninety-day period of direct
supervision and the licensee demonstrates to the department's satisfaction that
adequate supervision will be provided for all trainees.
Sec. 20. RCW 18.35.080 and 1991 c
3 s 83 are each amended to read as follows:
The department shall
license each applicant((, without discrimination,)) who satisfactorily
completes the required examination and((, upon payment of a fee determined
by the secretary as provided in RCW 43.70.250 to the department, shall issue to
the applicant a license. If a person does not apply for a license within three
years of the successful completion of the license examination, reexamination is
required for licensure. The license shall be effective until the licensee's
next birthday at which time it is subject to renewal. Subsequent renewal dates
shall coincide with the licensee's birthday)) complies with
administrative procedures and administrative requirements established pursuant
to RCW 43.70.250 and 43.70.280.
Sec. 21. RCW 18.35.090 and 1991 c
3 s 84 are each amended to read as follows:
Each person who engages
in the fitting and dispensing of hearing aids shall ((as the department
prescribes by rule, pay to the department a fee established by the secretary
under RCW 43.70.250 for a renewal of the license)) comply with
administrative procedures and administrative requirements established under RCW
43.70.250 and 43.70.280 and shall keep the license conspicuously posted in
the place of business at all times. ((Any person who fails to renew his or
her license prior to the expiration date must pay a penalty fee in addition to
the renewal fee and satisfy the requirements that may be set forth by rule
promulgated by the secretary for reinstatement.)) The secretary may ((by
rule)) establish mandatory continuing education requirements and/or
continued competency standards to be met by licensees as a condition for
license renewal.
Sec. 22. RCW 18.36A.130 and 1991
c 3 s 98 are each amended to read as follows:
((Applications for
licensure shall be submitted on forms provided by the department. The
department may require any information and documentation needed to determine if
the applicant meets the criteria for licensure as provided in this chapter and
chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary
as provided in RCW 43.70.250. The fee shall be submitted with the application))
Applicants shall comply with administrative procedures, administrative
requirements, and fees determined by the secretary as provided in RCW 43.70.250
and 43.70.280.
Sec. 23. RCW 18.36A.140 and 1991
c 3 s 99 are each amended to read as follows:
The secretary shall
establish ((by rule)) the administrative procedures, administrative
requirements, and fees for renewal and late renewal of licenses as
provided in RCW 43.70.250 and 43.70.280. ((The secretary shall
establish a renewal and late renewal penalty fee as provided in RCW 43.70.250.
Failure to renew shall invalidate the license and all privileges granted by the
license. The secretary shall determine by rule whether a license shall be
canceled for failure to renew and shall establish procedures and prerequisites
for relicensure.))
Sec. 24. RCW 18.50.050 and 1991 c
3 s 108 are each amended to read as follows:
((If the application
is approved and the candidate shall have deposited an examination fee
determined by the secretary as provided in RCW 43.70.250 with the secretary,
the candidate shall be admitted to the examination, and in case of failure to
pass the examination, may be reexamined at any regular examination within one
year without the payment of an additional fee, said fee to be retained by the
secretary after failure to pass the second examination)) Applicants
shall comply with administrative procedures, administrative requirements, and
fees determined by the secretary as provided by RCW 43.70.250 and 43.70.280.
Sec. 25. RCW 18.50.102 and 1991 c
3 s 110 are each amended to read as follows:
Every person licensed
to practice midwifery shall register with the secretary ((annually)) and
pay ((an annual)) a renewal ((registration)) fee
determined by the secretary as provided in RCW 43.70.250 ((on or before the
licensee's birth anniversary date. The license of the person shall be renewed
for a period of one year. Any failure to register and pay the annual renewal
registration fee shall render the license invalid. The license shall be
reinstated upon written application to the secretary, payment to the state of a
penalty fee determined by the secretary as provided in RCW 43.70.250, and
payment to the state of all delinquent annual license renewal fees. Any person
who fails to renew his or her license for a period of three years shall not be
entitled to renew such license under this section. Such person, in order to
obtain a license to practice midwifery in this state, shall file a new
application under this chapter, along with the required fee. The secretary, in
the secretary's discretion, may permit the applicant to be licensed without
examination if satisfied that the applicant meets all the requirements for
licensure in this state and is competent to engage in the practice of midwifery))
and 43.70.280.
Sec. 26. RCW 18.52.110 and 1992 c
53 s 8 are each amended to read as follows:
(1) Every holder of a
nursing home administrator's license shall ((reregister on dates specified
by the secretary. Such relicensure shall be granted upon receipt of a fee
determined by the secretary as provided in RCW 43.70.250, and upon)) renew
that license by fulfilling the continuing competency requirement and by
complying with administrative procedures, administrative requirements, and fees
as determined according to RCW 43.70.250 and 43.70.280. ((In the event
that any license is not reregistered, the secretary may charge up to double the
relicensure fee. In the event that the license of an individual is not
relicensed within two years from the most recent date for relicensure it shall
lapse and such individual must again apply for licensing and meet all
requirements of this chapter for a new applicant.)) The board may
prescribe rules for maintenance of a license ((at a reduced fee)) for
temporary or permanent withdrawal or retirement from the active practice of
nursing home administration.
(2) A condition of ((relicensure))
renewal shall be the presentation of proof by the applicant that the
board requirement for continuing competency related to the administration of
nursing homes has been met.
Sec. 27. RCW 18.52.130 and 1992 c
53 s 9 are each amended to read as follows:
The secretary may issue
a nursing home administrator's license to anyone who holds a current
administrator's license from another jurisdiction upon receipt of an application
((fee and an annual license fee, as provided in RCW 43.70.250)) and
complying with administrative procedures, administrative requirements, and fees
determined according to RCW 43.70.250 and 43.70.280, if the standards for
licensing in such other jurisdiction are substantially equivalent to those
prevailing in this state, and that the applicant is otherwise qualified as
determined by the board.
Sec. 28. RCW 18.52C.030 and 1991
c 3 s 131 are each amended to read as follows:
A person who operates a
nursing pool shall register the pool with the secretary. Each separate
location of the business of a nursing pool shall have a separate registration.
The secretary((, by
rule,)) shall establish ((forms and procedures for the processing of
nursing pool registration applications, including the payment of registration
fees pursuant to RCW 43.70.250. An application for a nursing pool registration
shall include at least the following information:
(1) The names and
addresses of the owner or owners of the nursing pool; and
(2) If the owner is
a corporation, copies of its articles of incorporation and current bylaws,
together with the names and addresses of its officers and directors.
A registration
issued by the secretary in accordance with this section shall remain effective
for a period of one year from the date of its issuance unless the registration
is revoked or suspended pursuant to RCW 18.52C.040(4), or unless the nursing
pool is sold or ownership or management is transferred, in which case the
registration of the nursing pool shall be voided and the new owner or operator
shall apply for a new registration))
administrative procedures, administrative requirements, and fees as provided
in RCW 43.70.250 and 43.70.280.
Sec. 29. RCW 18.53.050 and 1991 c
3 s 134 are each amended to read as follows:
Every ((registered))
licensed optometrist shall ((annually or on the date specified by the
secretary pay to the state treasurer a renewal fee, to be determined by the
secretary as provided in RCW 43.70.250, and failure to pay such fee within the
prescribed time shall cause the suspension of his or her certificate)) renew
his or her license by complying with administrative procedures, administrative
requirements, and fees determined according to RCW 43.70.250 and 43.70.280.
Sec. 30. RCW 18.53.070 and 1991 c
3 s 136 are each amended to read as follows:
((The fees for
application for examination and)) Administrative procedures,
administrative requirements, and fees for issuing a ((certificate of
registration)) license shall be determined ((by the secretary))
as provided in RCW 43.70.250((, which shall be paid to the secretary as he
or she shall prescribe)) and 43.70.280.
Sec. 31. RCW 18.55.030 and 1991 c
3 s 143 are each amended to read as follows:
((Upon receipt of an
application for a license and the license fee as determined by the secretary,
the secretary shall issue a license if the applicant meets the requirements
established under this chapter. The license, unless suspended or revoked,
shall be renewed annually. All licenses issued under the provisions of this
chapter shall expire on the 1st day of July)) The secretary shall
determine administrative procedures, administrative requirements, and fees for
licenses and renewals as provided in RCW 43.70.250 and 43.70.280.
Sec. 32. RCW 18.55.040 and 1991 c
180 s 4 are each amended to read as follows:
No applicant shall be
licensed under this chapter until the applicant ((pays an examination fee
determined by the secretary, as provided in RCW 43.70.250, and certifies under
oath after furnishing satisfactory documentation,)) complies with administrative
procedures, administrative requirements, and fees determined by the secretary
according to RCW 43.70.250 and 43.70.280. Qualifications must require that
the applicant:
(1) Is eighteen years
or more of age;
(2) Has graduated from
high school or has received a general equivalency degree;
(3) Is of good moral
character; and
(4)(a) Had at least ten
thousand hours of apprenticeship training under the direct supervision of a
licensed ocularist; or
(b) Successfully
completed a prescribed course in ocularist training programs approved by the
secretary; or
(c) Has had at least
ten thousand hours of apprenticeship training under the direct supervision of a
practicing ocularist, or has the equivalent experience as a practicing
ocularist, or any combination of training and supervision, not in the state of
Washington; and
(5) Successfully passes
an examination conducted or approved by the secretary.
Sec. 33. RCW 18.55.050 and 1991 c
180 s 6 are each amended to read as follows:
Every individual
licensed or registered under this chapter shall ((pay an annual license or
registration renewal fee)) comply with administrative procedures,
administrative requirements, and fees determined by the secretary, as
provided by RCW 43.70.250((, on or before the expiration date established by
the secretary. An application for renewal shall be on the form provided by the
secretary and shall be filed with the department of health not less than ten
days prior to its expiration. Each application for renewal shall be
accompanied by a renewal fee in an amount to be determined by the secretary.
Any license or registration not renewed as provided in this section shall be
invalid.
The secretary may
provide by rule the procedures that may allow for the reinstatement of a
license or registration upon payment of the renewal fee and a late renewal
penalty fee)) and 43.70.280
to renew his or her license.
Sec. 34. RCW 18.57.035 and 1991 c
160 s 9 are each amended to read as follows:
The board may grant
approval to issue without examination a license to an osteopathic physician and
surgeon in a board-approved postgraduate training program in this state if the
applicant files an application and meets all the requirements for licensure set
forth in RCW 18.57.020 except for completion of one year of postgraduate
training. The secretary shall issue a postgraduate osteopathic medicine and
surgery license that permits the physician in postgraduate training to practice
osteopathic medicine and surgery only in connection with his or her duties as a
physician in postgraduate training and does not authorize the physician to
engage in any other form of practice. Each physician in postgraduate training
shall practice osteopathic medicine and surgery only under the supervision of a
physician licensed in this state under this chapter or chapter 18.71 RCW, but
such supervision shall not be construed to necessarily require the personal
presence of the supervising physician at the place where services are rendered.
All persons licensed
under this section shall be subject to the jurisdiction of the board of
osteopathic medicine and surgery as set forth in this chapter and chapter
18.130 RCW.
Persons applying for
licensure pursuant to this section shall ((pay an application and renewal
fee)) comply with administrative procedures, administrative
requirements, and fees determined ((by the secretary)) as provided
in RCW 43.70.250((. Licenses issued hereunder may be renewed annually))
and 43.70.280. Any person who obtains a license pursuant to this
section may, apply for licensure under this chapter, but shall submit a new
application form and comply with all other licensing requirements of this
chapter.
Sec. 35. RCW 18.57.045 and 1991 c
160 s 4 are each amended to read as follows:
A licensed osteopathic
physician and surgeon who desires to leave the active practice of osteopathic
medicine and surgery in this state may secure from the secretary an inactive
license. The ((initial and renewal)) administrative procedures,
administrative requirements, and fees for an inactive license shall be
determined ((by the secretary)) as provided in RCW 43.70.250 and
43.70.280. The holder of an inactive license may reactivate his or her
license to practice osteopathic medicine and surgery in accordance with rules
adopted by the board.
Sec. 36. RCW 18.57.050 and 1991 c
160 s 6 are each amended to read as follows:
((Each applicant on
making application shall pay the secretary a fee determined by the secretary as
provided in RCW 43.70.250. Application fees are nonrefundable.)) The
board may establish rules and regulations governing mandatory continuing
education requirements which shall be met by physicians applying for renewal of
licenses. ((The secretary shall establish a renewal and late renewal penalty
fee as provided in RCW 43.70.250. Failure to renew the license invalidates all
privileges granted by the license)) Administrative procedures,
administrative requirements, and fees for applications and renewals shall be
established as provided in RCW 43.70.250 and 43.70.280. The board shall
determine ((by rule when a license shall be canceled for failure to renew
and shall establish)) prerequisites for relicensing.
Sec. 37. RCW 18.57.080 and 1991 c
160 s 7 are each amended to read as follows:
Applicants for a
license to practice osteopathic medicine and surgery must successfully complete
an examination prepared or approved by the board. The examination shall be
conducted in the English language, shall determine the applicant's fitness to
practice osteopathic medicine and surgery, and may be in whole or in part in
writing or by practical application on those general subjects and topics of
which knowledge is commonly and generally required of applicants who have
obtained the doctor of osteopathic medicine and surgery conferred by accredited
schools of osteopathic medicine and surgery approved by the board. If an
examination does not encompass the subject of osteopathic principles and
practice, the applicant shall be required to complete the board-administered
examination. The board may prepare and administer or approve preparation and
administration of examinations on such subjects as the board deems advisable.
The examination papers of any examination administered by the board shall form
a part of the applicant's records and shall be retained as determined by the
secretary for a period of not less than one year. All applicants for
examination or reexamination shall ((pay a fee)) comply with
administrative procedures, administrative requirements, and fees determined
((by the secretary)) as provided in RCW 43.70.250 and 43.70.280.
Sec. 38. RCW 18.57.130 and 1991 c
160 s 10 and 1991 c 3 s 151 are each reenacted and amended to read as follows:
Any person who meets
the requirements of RCW 18.57.020 as now or hereafter amended and has been
examined and licensed to practice osteopathic medicine and surgery by a state
board of examiners of another state or the duly constituted authorities of
another state authorized to issue licenses to practice osteopathic medicine and
surgery upon examination, shall upon approval of the board be entitled to
receive a license to practice osteopathic medicine and surgery in this state
upon ((the payment of)) complying with administrative procedures,
administrative requirements, and paying a fee determined ((by the
secretary)) as provided in RCW 43.70.250 ((to the state treasurer)) and
43.70.280 and filing a copy of his or her license in such other state, duly
certified by the authorities granting the license to be a full, true, and
correct copy thereof, and certifying also that the standard of requirements
adopted by such authorities as provided by the law of such state is
substantially equal to that provided for by the provisions of this chapter:
PROVIDED, That no license shall issue without examination to any person who has
previously failed in an examination held in this state: PROVIDED, FURTHER,
That all licenses herein mentioned may be revoked for unprofessional conduct,
in the same manner and upon the same grounds as if issued under this chapter:
PROVIDED, FURTHER, That no one shall be permitted to practice surgery under
this chapter who has not a license to practice osteopathic medicine and
surgery.
Sec. 39. RCW 18.57A.020 and 1993
c 28 s 1 are each amended to read as follows:
(1) The board shall
adopt rules fixing the qualifications and the educational and training
requirements for licensure as an osteopathic physician assistant or for those
enrolled in any physician assistant training program. The requirements shall
include completion of an accredited physician assistant training program
approved by the board and eligibility to take an examination approved by the
board, providing such examination tests subjects substantially equivalent to
the curriculum of an accredited physician assistant training program.
(2)(a) The board shall
adopt rules governing the extent to which:
(i) Physician assistant
students may practice medicine during training; and
(ii) Physician
assistants may practice after successful completion of a training course.
(b) Such rules shall
provide:
(i) That the practice
of an osteopathic physician assistant shall be limited to the performance of
those services for which he or she is trained; and
(ii) That each
osteopathic physician assistant shall practice osteopathic medicine only under
the supervision and control of an osteopathic physician licensed in this state,
but such supervision and control shall not be construed to necessarily require
the personal presence of the supervising physicians at the place where services
are rendered. The board may authorize the use of alternative supervisors who
are licensed either under chapter 18.57 or 18.71 RCW.
(3) Applicants for
licensure shall file an application with the board on a form prepared by the
secretary with the approval of the board, detailing the education, training,
and experience of the physician assistant and such other information as the
board may require. The application shall be accompanied by a fee determined by
the secretary as provided in RCW 43.70.250 and 43.70.280. Each
applicant shall furnish proof satisfactory to the board of the following:
(a) That the applicant
has completed an accredited physician assistant program approved by the board
and is eligible to take the examination approved by the board;
(b) That the applicant
is of good moral character; and
(c) That the applicant
is physically and mentally capable of practicing osteopathic medicine as an
osteopathic physician assistant with reasonable skill and safety. The board
may require any applicant to submit to such examination or examinations as it
deems necessary to determine an applicant's physical and/or mental capability
to safely practice as an osteopathic physician assistant.
(4) The board may
approve, deny, or take other disciplinary action upon the application for a
license as provided in the uniform disciplinary act, chapter 18.130 RCW. The
license shall be renewed ((on a periodic basis as determined by the secretary
under RCW 43.70.280, upon payment of a fee determined by the secretary as
provided in RCW 43.70.250 and submission of a completed renewal application, in
addition to any late renewal penalty fees as determined by the secretary as
provided in RCW 43.70.250)) as determined under RCW 43.70.250 and
43.70.280.
Sec. 40. RCW 18.71A.040 and 1994
sp.s. c 9 s 321 are each amended to read as follows:
(1) No physician
assistant practicing in this state shall be employed or supervised by a
physician or physician group without the approval of the commission.
(2) Prior to commencing
practice, a physician assistant licensed in this state shall apply to the
commission for permission to be employed or supervised by a physician or
physician group. The practice arrangement plan shall be jointly submitted by
the physician or physician group and physician assistant. ((The secretary
may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan
review)) Administrative procedures, administrative requirements, and
fees shall be established as provided in RCW 43.70.250 and 43.70.280. The
practice arrangement plan shall delineate the manner and extent to which the
physician assistant would practice and be supervised. Whenever a physician
assistant is practicing in a manner inconsistent with the approved practice
arrangement plan, the medical((disciplinary board [commission])) commission
may take disciplinary action under chapter 18.130 RCW.
Sec. 41. RCW 18.59.110 and 1991 c
3 s 156 are each amended to read as follows:
((The secretary
shall prescribe and publish fees in amounts determined by the secretary as
provided in RCW 43.70.250 for the following purposes:
(1) Application for
examination;
(2) Initial license
fee;
(3) Renewal of
license fee;
(4) Late renewal
fee; and
(5) Limited permit
fee.
The fees shall be
set in such an amount as to reimburse the state, to the extent feasible, for
the cost of the services rendered))
Administrative procedures, administrative requirements, and fees shall be
established as provided in RCW 43.70.250 and 43.70.280 for applications,
initial and renewal licenses, and limited permits.
Sec. 42. RCW 18.64.040 and 1989
1st ex.s. c 9 s 413 are each amended to read as follows:
Every applicant for
license examination under this chapter shall pay the sum determined by the
secretary under RCW 43.70.250 and 43.70.280 before the examination is
attempted.
Sec. 43. RCW 18.64.043 and 1991 c
229 s 3 are each amended to read as follows:
(1) The owner of each
pharmacy shall pay an original license fee to be determined by the secretary,
and annually thereafter, on or before a date to be determined by the secretary,
a fee to be determined by the secretary, for which he or she shall receive a
license of location, which shall entitle the owner to operate such pharmacy at
the location specified, or such other temporary location as the secretary may
approve, for the period ending on a date to be determined by the secretary as
provided in RCW 43.70.250 and 43.70.280, and each such owner shall at the
time of filing proof of payment of such fee as provided in RCW 18.64.045 as now
or hereafter amended, file with the department on a blank therefor provided, a
declaration of ownership and location, which declaration of ownership and
location so filed as aforesaid shall be deemed presumptive evidence of
ownership of the pharmacy mentioned therein.
(2) It shall be the
duty of the owner to immediately notify the department of any change of
location or ownership and to keep the license of location or the renewal
thereof properly exhibited in said pharmacy.
(3) Failure to comply
with this section shall be deemed a misdemeanor, and each day that said failure
continues shall be deemed a separate offense.
(4) In the event such
license fee remains unpaid on the date due, no renewal or new license shall be
issued except upon ((payment of the license renewal fee and a penalty fee
equal to the original license fee)) compliance with administrative
procedures, administrative requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280.
Sec. 44. RCW 18.64.045 and 1991 c
229 s 4 are each amended to read as follows:
The owner of each and
every place of business which manufactures drugs shall pay a license fee to be
determined by the secretary, and thereafter, on or before a date to be
determined by the secretary, a fee to be determined by the secretary as
provided in RCW 43.70.250 and 43.70.280, for which the owner shall receive
a license of location from the department, which shall entitle the owner to
manufacture drugs at the location specified for the period ending on a date to
be determined by the ((board)) secretary, and each such owner
shall at the time of payment of such fee file with the department, on a blank
therefor provided, a declaration of ownership and location, which declaration
of ownership and location so filed as aforesaid shall be deemed presumptive
evidence of the ownership of such place of business mentioned therein. It
shall be the duty of the owner to notify immediately the department of any
change of location or ownership and to keep the license of location or the
renewal thereof properly exhibited in such place of business. Failure to
conform with this section shall be deemed a misdemeanor, and each day that said
failure continues shall be deemed a separate offense. In event such license
fee remains unpaid on the date due, no renewal or new license shall be issued
except upon ((payment of the license renewal fee and a penalty fee equal to
the license renewal fee)) compliance with administrative procedures,
administrative requirements, and fees determined as provided in RCW 43.70.250
and 43.70.280.
Sec. 45. RCW 18.64.046 and 1991 c
229 s 5 are each amended to read as follows:
The owner of each place
of business which sells legend drugs and nonprescription drugs, or
nonprescription drugs at wholesale shall pay a license fee to be determined by
the secretary, and thereafter, on or before a date to be determined by the
secretary as provided in RCW 43.70.250 and 43.70.280, a like fee to be
determined by the secretary, for which the owner shall receive a license of
location from the department, which shall entitle such owner to either sell
legend drugs and nonprescription drugs or nonprescription drugs at wholesale at
the location specified for the period ending on a date to be determined by the
((board)) secretary, and each such owner shall at the time of
payment of such fee file with the department, on a blank therefor provided, a
declaration of ownership and location, which declaration of ownership and
location so filed as aforesaid shall be deemed presumptive evidence of the
ownership of such place of business mentioned therein. It shall be the duty of
the owner to notify immediately the department of any change of location and
ownership and to keep the license of location or the renewal thereof properly
exhibited in such place of business. Failure to conform with this section
shall be deemed a misdemeanor, and each day that said failure continues shall
be deemed a separate offense. In event such license fee remains unpaid on the
date due, no renewal or new license shall be issued except upon ((payment of
the license renewal fee and a penalty fee equal to the license renewal fee))
compliance with administrative procedures, administrative requirements, and
fees determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 46. RCW 18.64.047 and 1991 c
229 s 6 are each amended to read as follows:
Any itinerant vendor or
any peddler of any nonprescription drug or preparation for the treatment of
disease or injury, shall pay a registration fee determined by the secretary on
a date to be determined by the secretary as provided in RCW 43.70.250 and
43.70.280. The department may issue a registration to such vendor on an
approved application made to the department. Any itinerant vendor or peddler
who shall vend or sell, or offer to sell to the public any such nonprescription
drug or preparation without having registered to do so as provided in this
section, shall be guilty of a misdemeanor and each sale or offer to sell shall
constitute a separate offense. In event such registration fee remains unpaid
on the date due, no renewal or new registration shall be issued except upon ((payment
of the registration renewal fee and a penalty fee equal to the renewal fee))
compliance with administrative procedures, administrative requirements, and
fees determined as provided in RCW 43.70.250 and 43.70.280. This
registration shall not authorize the sale of legend drugs or controlled
substances.
Sec. 47. RCW 18.64.140 and 1991 c
229 s 7 are each amended to read as follows:
Every licensed pharmacist
who desires to practice pharmacy shall secure from the department a license,
the fee for which shall be determined by the secretary under RCW 43.70.250
and 43.70.280. The administrative procedures, administrative
requirements, renewal fee, and late renewal fee shall also be
determined ((by the secretary)) under RCW 43.70.250 and 43.70.280.
((The date of renewal may be established by the secretary by regulation and
the department may by regulation extend the duration of a licensing period for
the purpose of staggering renewal periods. Such regulation may provide a
method for imposing and collecting such additional proportional fee as may be
required for the extended period.)) Payment of this fee shall entitle the
licensee to a pharmacy law book, subsequent current mailings of all additions,
changes, or deletions in the pharmacy practice act, chapter 18.64 RCW, and all
additions, changes, or deletions of pharmacy board and department regulations.
((Pharmacists shall pay the license renewal fee and a penalty equal to the
license renewal fee for the late renewal of their license.)) The current
license shall be conspicuously displayed to the public in the pharmacy to which
it applies. Any licensed pharmacist who desires to leave the active practice
of pharmacy in this state may secure from the department an inactive license.
The initial license and renewal fees shall be determined by the secretary under
RCW 43.70.250 and 43.70.280. The holder of an inactive license may
reactivate his or her license to practice pharmacy in accordance with rules
adopted by the board.
Sec. 48. RCW 18.64.205 and 1991 c
229 s 2 are each amended to read as follows:
The board may adopt
rules pursuant to this section authorizing a retired active license status. An
individual licensed pursuant to this chapter, who is practicing only in
emergent or intermittent circumstances as defined by rule established by the
board, may hold a retired active license at a reduced renewal fee established
by the secretary under RCW 43.70.250 and 43.70.280. Such a license
shall meet the continuing education requirements, if any, established by the
board for renewals, and is subject to the provisions of the uniform
disciplinary act, chapter 18.130 RCW. Individuals who have entered into
retired status agreements with the disciplinary authority in any jurisdiction
shall not qualify for a retired active license under this section.
Sec. 49. RCW 18.64.310 and 1989
1st ex.s. c 9 s 410 are each amended to read as follows:
The department shall:
(1) Establish
reasonable license and examination fees and fees for services to other agencies
in accordance with RCW 43.70.250 and 43.70.280. In cases where there
are unanticipated demands for services, the department may request payment for
services directly from the agencies for whom the services are performed, to the
extent that revenues or other funds are available. Drug-related investigations
regarding licensed health care practitioners shall be funded by an
appropriation to the department from the health professions account. The
payment may be made on either an advance or a reimbursable basis as approved by
the director of financial management;
(2) Employ, with
confirmation by the board, an executive officer, who shall be exempt from the
provisions of chapter 41.06 RCW and who shall be a pharmacist licensed in
Washington, and employ inspectors, investigators, chemists, and other persons
as necessary to assist it for any purpose which it may deem necessary;
(3) Investigate and
prosecute, at the direction of the board, including use of subpoena powers,
violations of law or regulations under its jurisdiction or the jurisdiction of
the board of pharmacy;
(4) Make, at the
direction of the board, inspections and investigations of pharmacies and other
places, including dispensing machines, in which drugs or devices are stored,
held, compounded, dispensed, sold, or administered to the ultimate consumer, to
take and analyze any drugs or devices and to seize and condemn any drugs or
devices which are adulterated, misbranded, stored, held, dispensed,
distributed, administered, or compounded in violation of or contrary to law.
The written operating agreement between the department and the board, as
required by RCW 43.70.240 shall include provisions for the department to
involve the board in carrying out its duties required by this section.
Sec. 50. RCW 18.64A.030 and 1989
1st ex.s. c 9 s 423 are each amended to read as follows:
The board shall adopt,
in accordance with chapter 34.05 RCW, rules and regulations governing the
extent to which pharmacy assistants may perform services associated with the
practice of pharmacy during training and after successful completion of a
training course. Such regulations shall provide for the certification of
pharmacy assistants by the department at a fee determined by the secretary
under RCW 43.70.250 and 43.70.280 according to the following levels of
classification:
(1) "Level A
pharmacy assistants" may assist in performing, under the immediate
supervision and control of a licensed pharmacist, manipulative,
nondiscretionary functions associated with the practice of pharmacy.
(2) "Level B pharmacy
assistants" may perform, under the general supervision of a licensed
pharmacist, duties including but not limited to, typing of prescription labels,
filing, refiling, bookkeeping, pricing, stocking, delivery, nonprofessional
phone inquiries, and documentation of third party reimbursements.
Sec. 51. RCW 18.64A.060 and 1989
1st ex.s. c 9 s 425 are each amended to read as follows:
No pharmacy licensed in
this state shall utilize the services of pharmacy assistants without approval
of the board.
Any pharmacy licensed
in this state may apply to the board for permission to use the services of
pharmacy assistants. The application shall be accompanied by a ((uniform))
fee ((to be determined by the secretary)) and shall comply with
administrative procedures and administrative requirements set pursuant to RCW
43.70.250 and 43.70.280, shall detail the manner and extent to which the
pharmacy assistants would be used and supervised, and shall provide other
information in such form as the secretary may require.
The board may approve
or reject such applications. In addition, the board may modify the proposed
utilization of pharmacy assistants and approve the application as modified. ((No
such approval shall extend for more than one year, but approval once granted
may be renewed annually upon payment of a uniform fee as determined by the
secretary.)) Whenever it appears to the board that a pharmacy assistant is
being utilized in a manner inconsistent with the approval granted, the board
may withdraw such approval. In the event a hearing is requested upon the
rejection of an application, or upon the withdrawal of approval, a hearing
shall be conducted in accordance with chapter 18.64 RCW, as now or hereafter
amended, and appeal may be taken in accordance with the Administrative
Procedure Act, chapter 34.05 RCW.
Sec. 52. RCW 18.71.080 and 1994
sp.s. c 9 s 312 are each amended to read as follows:
Every person licensed
to practice medicine in this state shall ((register with the secretary of
health annually, and pay an annual renewal registration fee determined by the
secretary as provided in RCW 43.70.250)) pay licensing fees and renew
his or her license in accordance with administrative procedures and administrative
requirements adopted as provided in RCW 43.70.250 and 43.70.280. The
commission may establish rules governing mandatory continuing education
requirements which shall be met by physicians applying for renewal of
licenses. The rules shall provide that mandatory continuing education
requirements may be met in part by physicians showing evidence of the
completion of approved activities relating to professional liability risk
management. ((Any failure to register and pay the annual renewal
registration fee shall render the license invalid, but such license shall be
reinstated upon written application therefor to the secretary, and payment to
the state of a penalty fee determined by the secretary as provided in RCW
43.70.250, together with all delinquent annual license renewal fees: PROVIDED,
HOWEVER, That any person who fails to renew the license for a period of three
years, shall in no event be entitled to renew the license under this section.
Such a person in order to obtain a license to practice medicine in this state,
shall file an original application as provided for in this chapter, along with
the requisite fee therefor.)) The commission, in its sole discretion, may
permit ((such)) an applicant who has not renewed his or her
license to be licensed without examination if it is satisfied that such
applicant meets all the requirements for licensure in this state, and is
competent to engage in the practice of medicine.
Sec. 53. RCW 18.71.085 and 1994
sp.s. c 9 s 313 are each amended to read as follows:
The commission may
adopt rules pursuant to this section authorizing an inactive license status.
(1) An individual
licensed pursuant to chapter 18.71 RCW may place his or her license on inactive
status. The holder of an inactive license shall not practice medicine and
surgery in this state without first activating the license.
(2) The administrative
procedures, administrative requirements, and fee for inactive renewal ((fee))
shall be established ((by the secretary)) pursuant to RCW 43.70.250 and
43.70.280. ((Failure to renew an inactive license shall result in
cancellation in the same manner as an active license.))
(3) An inactive license
may be placed in an active status upon compliance with rules established by the
commission.
(4) Provisions relating
to disciplinary action against a person with a license shall be applicable to a
person with an inactive license, except that when disciplinary proceedings
against a person with an inactive license have been initiated, the license
shall remain inactive until the proceedings have been completed.
Sec. 54. RCW 18.71.095 and 1994
sp.s. c 9 s 315 are each amended to read as follows:
The commission may,
without examination, issue a limited license to persons who possess the
qualifications set forth herein:
(1) The commission may,
upon the written request of the secretary of the department of social and
health services or the secretary of corrections, issue a limited license to
practice medicine in this state to persons who have been accepted for
employment by the department of social and health services or the department of
corrections as physicians; who are licensed to practice medicine in another
state of the United States or in the country of Canada or any province or
territory thereof; and who meet all of the qualifications for licensure set
forth in RCW 18.71.050.
Such license shall
permit the holder thereof to practice medicine only in connection with
patients, residents, or inmates of the state institutions under the control and
supervision of the secretary of the department of social and health services or
the department of corrections.
(2) The commission may
issue a limited license to practice medicine in this state to persons who have
been accepted for employment by a county or city health department as
physicians; who are licensed to practice medicine in another state of the
United States or in the country of Canada or any province or territory thereof;
and who meet all of the qualifications for licensure set forth in RCW
18.71.050.
Such license shall
permit the holder thereof to practice medicine only in connection with his or
her duties in employment with the city or county health department.
(3) Upon receipt of a
completed application showing that the applicant meets all of the requirements
for licensure set forth in RCW 18.71.050 except for completion of two years of
postgraduate medical training, and that the applicant has been appointed as a
resident physician in a program of postgraduate clinical training in this state
approved by the commission, the commission may issue a limited license to a
resident physician. Such license shall permit the resident physician to practice
medicine only in connection with his or her duties as a resident physician and
shall not authorize the physician to engage in any other form of practice.
Each resident physician shall practice medicine only under the supervision and
control of a physician licensed in this state, but such supervision and control
shall not be construed to necessarily require the personal presence of the
supervising physician at the place where services are rendered.
(4)(a) Upon nomination
by the dean of the school of medicine at the University of Washington or the
chief executive officer of a hospital or other appropriate health care facility
licensed in the state of Washington, the commission may issue a limited license
to a physician applicant invited to serve as a teaching-research member of the
institution's instructional staff if the sponsoring institution and the
applicant give evidence that he or she has graduated from a recognized medical
school and has been licensed or otherwise privileged to practice medicine at
his or her location of origin. Such license shall permit the recipient to
practice medicine only within the confines of the instructional program
specified in the application and shall terminate whenever the holder ceases to
be involved in that program, or at the end of one year, whichever is earlier.
Upon request of the applicant and the institutional authority, the license may
be renewed for no more than a total of two years.
(b) Upon nomination by
the dean of the school of medicine of the University of Washington or the chief
executive officer of any hospital or appropriate health care facility licensed
in the state of Washington, the commission may issue a limited license to an
applicant selected by the sponsoring institution to be enrolled in one of its
designated departmental or divisional fellowship programs provided that the
applicant shall have graduated from a recognized medical school and has been
granted a license or other appropriate certificate to practice medicine in the
location of the applicant's origin. Such license shall permit the holder only
to practice medicine within the confines of the fellowship program to which he
or she has been appointed and, upon the request of the applicant and the
sponsoring institution, the license may be renewed by the commission for no
more than a total of two years.
All persons licensed
under this section shall be subject to the jurisdiction of the commission to
the same extent as other members of the medical profession, in accordance with
this chapter and chapter 18.130 RCW.
Persons applying for
licensure and renewing licenses pursuant to this section shall ((pay
an application fee)) comply with administrative procedures,
administrative requirements, and fees determined ((by the secretary))
as provided in RCW 43.70.250 ((and, in the event the license applied for is
issued, a license fee at the rate provided for renewals of licenses generally.
Licenses issued hereunder may be renewed annually pursuant to the provisions of
RCW 18.71.080)) and 43.70.280. Any person who obtains a limited
license pursuant to this section may((, without an additional application
fee,)) apply for licensure under this chapter, but shall submit a new
application form and comply with all other licensing requirements of this
chapter.
Sec. 55. RCW 18.71.205 and 1995 c
65 s 3 are each amended to read as follows:
(1) The secretary of
the department of health, in conjunction with the advice and assistance of the
emergency medical services licensing and certification advisory committee as
prescribed in RCW 18.73.050, and the commission, shall prescribe:
(a) Practice
parameters, training standards for, and levels of, physician trained emergency
medical service intermediate life support technicians and paramedics;
(b) Minimum standards
and performance requirements for the certification and recertification of
physician's trained emergency medical service intermediate life support
technicians and paramedics; and
(c) Procedures for
certification, recertification, and decertification of physician's trained
emergency medical service intermediate life support technicians and paramedics.
(2) Initial
certification shall be for a period ((of three years)) established by
the secretary pursuant to RCW 43.70.250 and 43.70.280.
(3) Recertification
shall be granted upon proof of continuing satisfactory performance and
education, and shall be for a period ((of three years)) established
by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(4) As used in chapters
18.71 and 18.73 RCW, "approved medical program director" means a
person who:
(a) Is licensed to
practice medicine and surgery pursuant to chapter 18.71 RCW or osteopathy and
surgery pursuant to chapter 18.57 RCW; and
(b) Is qualified and
knowledgeable in the administration and management of emergency care and
services; and
(c) Is so certified by
the department of health for a county, group of counties, or cities with
populations over four hundred thousand in coordination with the recommendations
of the local medical community and local emergency medical services and trauma
care council.
(5) The Uniform
Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the
issuance and denial of certificates, and the disciplining of certificate
holders under this section. The secretary shall be the disciplining authority
under this section. Disciplinary action shall be initiated against a person
credentialed under this chapter in a manner consistent with the
responsibilities and duties of the medical program director under whom such
person is responsible.
(6) Such activities of
((physician['s])) physician's trained emergency medical service
intermediate life support technicians and paramedics shall be limited to
actions taken under the express written or oral order of medical program
directors and shall not be construed at any time to include free standing or
nondirected actions, for actions not presenting an emergency or
life-threatening condition.
Sec. 56. RCW 18.71.400 and 1993 c
367 s 18 are each amended to read as follows:
There is hereby levied
to be collected by the department of health from every physician and surgeon
licensed pursuant to chapter 18.71 RCW and every physician assistant licensed
pursuant to chapter 18.71A RCW ((an annual)) a medical
disciplinary assessment equal to the license renewal fee established by the
secretary under RCW 43.70.250 and 43.70.280. The assessment levied
pursuant to this section is in addition to any license renewal fee ((established
under RCW 43.70.250)).
Sec. 57. RCW 18.71A.020 and 1994
sp.s. c 9 s 319 are each amended to read as follows:
(1) The commission
shall adopt rules fixing the qualifications and the educational and training requirements
for licensure as a physician assistant or for those enrolled in any physician
assistant training program. The requirements shall include completion of an
accredited physician assistant training program approved by the commission and
eligibility to take an examination approved by the commission, if the
examination tests subjects substantially equivalent to the curriculum of an
accredited physician assistant training program. Physician assistants licensed
by the board of medical examiners as of June 7, 1990, shall continue to be
licensed.
(2)(a) The commission
shall adopt rules governing the extent to which:
(i) Physician assistant
students may practice medicine during training; and
(ii) Physician
assistants may practice after successful completion of a physician assistant
training course.
(b) Such rules shall
provide:
(i) That the practice
of a physician assistant shall be limited to the performance of those services
for which he or she is trained; and
(ii) That each
physician assistant shall practice medicine only under the supervision and
control of a physician licensed in this state, but such supervision and control
shall not be construed to necessarily require the personal presence of the
supervising physician or physicians at the place where services are rendered.
(3) Applicants for
licensure shall file an application with the commission on a form prepared by
the secretary with the approval of the commission, detailing the education,
training, and experience of the physician assistant and such other information
as the commission may require. The application shall be accompanied by a fee
determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
Each applicant shall furnish proof satisfactory to the commission of the following:
(a) That the applicant
has completed an accredited physician assistant program approved by the
commission and is eligible to take the examination approved by the commission;
(b) That the applicant
is of good moral character; and
(c) That the applicant
is physically and mentally capable of practicing medicine as a physician
assistant with reasonable skill and safety. The commission may require an
applicant to submit to such examination or examinations as it deems necessary
to determine an applicant's physical or mental capability, or both, to safely
practice as a physician assistant.
(4) The commission may
approve, deny, or take other disciplinary action upon the application for
license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW. The
license shall be renewed ((on a periodic basis as determined by the
secretary under RCW 43.70.280, upon payment of a fee determined by the
secretary as provided in RCW 43.70.250, and submission of a completed renewal
application, in addition to any late renewal penalty fees as determined by the
secretary as provided in RCW 43.70.250)) as determined under RCW
43.70.250 and 43.70.280. The commission may authorize the use of
alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.
Sec. 58. RCW 18.71A.040 and 1994
sp.s. c 9 s 321 are each amended to read as follows:
(1) No physician
assistant practicing in this state shall be employed or supervised by a
physician or physician group without the approval of the commission.
(2) Prior to commencing
practice, a physician assistant licensed in this state shall apply to the
commission for permission to be employed or supervised by a physician or
physician group. The practice arrangement plan shall be jointly submitted by
the physician or physician group and physician assistant. ((The secretary
may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan
review)) Administrative procedures, administrative requirements, and
fees shall be established as provided in RCW 43.70.250 and 43.70.280. The
practice arrangement plan shall delineate the manner and extent to which the
physician assistant would practice and be supervised. Whenever a physician
assistant is practicing in a manner inconsistent with the approved practice
arrangement plan, the ((medical disciplinary board [commission])) commission
may take disciplinary action under chapter 18.130 RCW.
Sec. 59. RCW 18.74.050 and 1991 c
3 s 178 are each amended to read as follows:
The secretary shall
furnish a license upon the authority of the board to any person who applies and
who has qualified under the provisions of this chapter. At the time of
applying, the applicant shall ((pay to the state treasurer a fee determined
by the secretary as provided in RCW 43.70.250)) comply with
administrative procedures, administrative requirements, and fees established
pursuant to RCW 43.70.250 and 43.70.280. No person registered or licensed
on July 24, 1983, as a physical therapist shall be required to pay an
additional fee for a license under this chapter.
Sec. 60. RCW 18.74.060 and 1991 c
3 s 179 are each amended to read as follows:
Upon the recommendation
of the board, the secretary shall license as a physical therapist and shall
furnish a license to any person who is a physical therapist registered or
licensed under the laws of another state or territory, or the District of
Columbia, if the qualifications for such registration or license required of
the applicant were substantially equal to the requirements under this chapter.
At the time of making application, the applicant shall ((pay to the state
treasurer a fee determined by the secretary as provided in RCW 43.70.250)) comply
with administrative procedures, administrative requirements, and fees
established pursuant to RCW 43.70.250 and 43.70.280.
Sec. 61. RCW 18.74.070 and 1991 c
3 s 180 are each amended to read as follows:
Every licensed physical
therapist shall apply to the secretary for a renewal of the license and pay to
the state treasurer a fee determined by the secretary as provided in RCW
43.70.250 and 43.70.280. ((The license of a physical therapist who
fails to renew the license within thirty days of the date set by the secretary
for renewal shall automatically lapse. Within three years from the date of
lapse and upon the recommendation of the board, the secretary may revive a
lapsed license upon the payment of all past unpaid renewal fees and a penalty
fee to be determined by the secretary. The board may require reexamination of
an applicant whose license has lapsed for more than three years and who has not
continuously engaged in lawful practice in another state or territory, or waive
reexamination in favor of evidence of continuing education satisfactory to the
board.))
Sec. 62. RCW 18.79.200 and 1994
sp.s. c 9 s 420 are each amended to read as follows:
An applicant for a
license to practice as a registered nurse, advanced registered nurse
practitioner, or licensed practical nurse shall comply with administrative
procedures, administrative requirements, and ((pay a fee)) fees
as determined ((by the secretary)) under RCW 43.70.250 ((to the state
treasurer)) and 43.70.280.
Sec. 63. RCW 18.79.210 and 1994
sp.s. c 9 s 421 are each amended to read as follows:
A license issued under
this chapter((, whether in an active or inactive status,)) must be
renewed, except as provided in this chapter. The licensee shall ((send the
renewal form to the department with a renewal fee,)) comply with
administrative procedures, administrative requirements, and fees as
determined ((by the secretary)) under RCW 43.70.250((, before the
expiration date. Upon receipt of the renewal form and the appropriate fee, the
department shall issue the licensee a license, which declares the holder to be
a legal practitioner of registered nursing, advanced registered nursing
practice, or licensed practical nursing, as appropriate, in either active or
inactive status, for the period of time stated on the license)) and
43.70.280.
Sec. 64. RCW 18.83.060 and 1991 c
3 s 197 are each amended to read as follows:
((Each applicant for
a license shall file with the secretary an application duly verified, in such
form and setting forth such information as the board shall prescribe. An
application fee determined by the secretary as provided in RCW 43.70.250 shall
accompany each application)) Administrative procedures, administrative
requirements, and fees for applications and examinations shall be established
as provided in RCW 43.70.250 and 43.70.280.
Sec. 65. RCW 18.83.072 and 1995 c
198 s 12 are each amended to read as follows:
(1) Examination of
applicants shall be held in Olympia, Washington, or at such other place as
designated by the secretary, at least annually at such times as the board may
determine.
(2) Any applicant shall
have the right to discuss with the board his or her performance on the
examination.
(3) Any applicant who
fails to make a passing grade on the examination may be allowed to retake the
examination. Any applicant who fails the examination a second time must obtain
special permission from the board to take the examination again.
(4) ((The
reexamination fee shall be the same as the application fee set forth in RCW
18.83.060.
(5))) The board may approve an examination prepared
or administered by a private testing agency or association of licensing
authorities.
Sec. 66. RCW 18.83.080 and 1991 c
3 s 199 are each amended to read as follows:
((Upon forwarding to
the secretary by)) The board ((of)) shall forward to the
secretary the name of each applicant entitled to a license under this
chapter((,)). The secretary shall promptly issue to such
applicant a license authorizing such applicant to use the title
"psychologist" ((for a period of one year. Said license shall be
in such form as the secretary shall determine)). Each licensed
psychologist shall keep his or her license displayed in a conspicuous place in
his or her principal place of business.
Sec. 67. RCW 18.83.082 and 1984 c
279 s 82 are each amended to read as follows:
(((1) A valid
receipt for an initial application for license hereunder, provided the
applicant meets the requirements of RCW 18.83.070 (1), (2), and (3), shall
constitute a temporary permit to practice psychology until the board completes
action on the application. The board must complete action within one year of
the date such receipt is issued.
(2))) A person, not licensed in this state, who
wishes to perform practices under the provisions of this chapter for a period
not to exceed ninety days within a calendar year, must petition the board for a
temporary permit to perform such practices. If the person is licensed or
certified in another state deemed by the board to have standards equivalent to
this chapter, a permit may be issued. No fee shall be charged for such
temporary permit.
Sec. 68. RCW 18.83.090 and 1991 c
3 s 200 are each amended to read as follows:
The board shall
establish rules governing mandatory continuing education requirements which
shall be met by any psychologist applying for a license renewal. ((Each
licensed psychologist shall pay to the health professions account, created in
RCW 43.70.320, annually, at such time as determined by the board, an annual
license renewal fee determined by the secretary under RCW 43.70.250. Upon
receipt of the fee, the secretary shall issue a certificate of renewal in such
form as the secretary shall determine)) Administrative procedures,
administrative requirements, and fees for renewal and reissue of licenses shall
be established as provided in RCW 43.70.250 and 43.70.280.
Sec. 69. RCW 18.83.105 and 1991 c
3 s 201 are each amended to read as follows:
The board may issue
certificates of qualification with appropriate title to applicants who meet all
the licensing requirements except the possession of the degree of Doctor of
Philosophy or its equivalent in psychology from an accredited educational
institution. These certificates of qualification certify that the holder has
been examined by the board and is deemed competent to perform certain functions
within the practice of psychology under the periodic direct supervision of a
psychologist licensed by the board. Such functions will be specified on the
certificate issued by the board. Such applicant shall ((pay to the board of
examiners a fee determined by the secretary as provided in RCW 43.70.250 for
certification in a single area of qualification and a fee for amendment of the
certificate to include each additional area of qualification)) comply
with administrative procedures, administrative requirements, and fees
determined under RCW 43.70.250 and 43.70.280. Upon petition by a holder
the board of examiners may grant authority to function without immediate
supervision.
Sec. 70. RCW 18.83.170 and 1991 c
3 s 202 are each amended to read as follows:
Upon ((application
accompanied by a fee determined by the secretary as provided in RCW 43.70.250))
compliance with administrative procedures, administrative requirements, and
fees determined under RCW 43.70.250 and 43.70.280, the board may grant a
license, without written examination, to any applicant who has not previously
failed any examination held by the board of psychology of the state of
Washington and furnishes evidence satisfactory to the board that the applicant:
(1) Holds a doctoral
degree with primary emphasis on psychology from an accredited college or
university; and
(2) Is licensed or
certified to practice psychology in another state or country in which the requirements
for such licensing or certification are, in the judgment of the board,
essentially equivalent to those required by this chapter and the rules and
regulations of the board. Such individuals must have been licensed or
certified in another state for a period of at least two years; or
(3) Is a diplomate in
good standing of the American Board of Examiners in Professional Psychology.
Sec. 71. RCW 18.84.100 and 1991 c
3 s 211 are each amended to read as follows:
Applications for
certification must be submitted on forms provided by the secretary. The
secretary may require any information and documentation that reasonably relates
to the determination of whether the applicant meets the requirements for
certification provided for in this chapter and chapter 18.130 RCW. Each
applicant shall ((pay a fee)) comply with administrative procedures,
administrative requirements, and fees determined by the secretary as
provided in RCW 43.70.250 ((which shall accompany the application)) and
43.70.280.
Sec. 72. RCW 18.84.110 and 1994
sp.s. c 9 s 509 are each amended to read as follows:
The secretary shall
establish ((by rule)) the administrative procedures, administrative
requirements, and fees for renewal of certificates as provided in RCW
43.70.250 and 43.70.280. ((Failure to renew invalidates the certificate
and all privileges granted by the certificate. In the event a certificate has
lapsed for a period longer than three years, the certificant shall demonstrate
competence to the satisfaction of the secretary by continuing education or
under the other standards determined by the secretary.))
Sec. 73. RCW 18.84.120 and 1991 c
222 s 4 are each amended to read as follows:
The secretary may issue
a registration to an applicant who submits, on forms provided by the
department, the applicant's name, the address, occupational title, name and
location of business where applicant performs his or her services, and other
information as determined by the secretary, including information necessary to
determine whether there are grounds for denial of registration under this
chapter or chapter 18.130 RCW. Each applicant shall pay a fee as determined by
the secretary as provided in RCW 43.70.250 and 43.70.280. The secretary
shall establish ((by rule)) the ((procedural)) administrative
procedures, administrative requirements, and fees for registration
and for renewal of registrations as provided in RCW 43.70.250 and 43.70.280.
Sec. 74. RCW 18.88A.120 and 1991
c 16 s 14 are each amended to read as follows:
Applications for
registration and certification shall be submitted on forms provided by the
secretary. The secretary may require any information and documentation that
reasonably relates to the need to determine whether the applicant meets the
criteria for registration and certification credentialing provided for in this
chapter and chapter ((18.120)) 18.130 RCW. Each applicant shall
((pay a fee determined by the secretary under RCW 43.70.250. The fee shall
accompany the application)) comply with administrative procedures,
administrative requirements, and fees determined by the secretary under RCW
43.70.250 and 43.70.280.
Sec. 75. RCW 18.88A.130 and 1994
sp.s. c 9 s 715 are each amended to read as follows:
((The secretary shall
establish by rule the procedural requirements and fees for renewal of a
registration or certificate. Failure to renew shall invalidate the credential
and all privileges granted by the credential. If a certificate has lapsed for
a period longer than three years, the person shall demonstrate competence to
the satisfaction of the commission by taking continuing education courses, or
meeting other standards determined by the commission)) Registrations and
certifications shall be renewed according to administrative procedures,
administrative requirements, and fees determined by the secretary under RCW
43.70.250 and 43.70.280.
Sec. 76. RCW 18.89.110 and 1991 c
3 s 234 are each amended to read as follows:
(1) The date and location
of the examination shall be established by the secretary. Applicants who have
been found by the secretary to meet the other requirements for certification
shall be scheduled for the next examination following the filing of the
application. However, the applicant shall not be scheduled for any examination
taking place sooner than sixty days after the application is filed.
(2) The secretary shall
examine each applicant, by means determined most effective, on subjects
appropriate to the scope of practice. Such examinations shall be limited to
the purpose of determining whether the applicant possesses the minimum skill
and knowledge necessary to practice competently, and shall meet generally
accepted standards of fairness and validity for certification examinations.
(3) All examinations
shall be conducted by the secretary, and all grading of the examinations shall
be under fair and wholly impartial methods.
(4) Any applicant who
fails to make the required grade in the first examination is entitled to take
up to three subsequent examinations, upon ((the prepayment of a fee
determined by the secretary as provided in RCW 43.70.250 for each subsequent
examination. Upon failure of four examinations, the secretary may invalidate
the original application)) compliance with administrative procedures,
administrative requirements, and fees determined by the secretary under RCW
43.70.250 and 43.70.280 and ((require)) such remedial education as
is deemed necessary.
(5) The secretary may
approve an examination prepared and administered by a private testing agency or
association of credentialing boards for use by an applicant in meeting the
certification requirement.
Sec. 77. RCW 18.89.120 and 1991 c
3 s 235 are each amended to read as follows:
Applications for
certification shall be submitted on forms provided by the secretary. The
secretary may require any information and documentation which reasonably
relates to the need to determine whether the applicant meets the criteria for
certification provided in this chapter and chapter 18.130 RCW. All ((applications))
applicants shall ((be accompanied by a fee)) comply with
administrative procedures, administrative requirements, and fees determined
by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 78. RCW 18.89.140 and 1991 c
3 s 237 are each amended to read as follows:
((The secretary
shall establish by rule the requirements and fees for renewal of certificates.
Failure to renew shall invalidate the certificate and all privileges granted by
the certificate. In the event a certificate has lapsed for a period longer
than three years, the certified respiratory care practitioner shall demonstrate
competence to the satisfaction of the secretary by continuing education or
under the other standards determined by the secretary)) Certificates
shall be renewed according to administrative procedures, administrative
requirements , and fees determined by the secretary under RCW 43.70.250 and
43.70.280.
Sec. 79. RCW 18.92.140 and 1993 c
78 s 6 are each amended to read as follows:
Each person now
qualified to practice veterinary medicine, surgery, and dentistry, registered
as an animal technician, or registered as a veterinary medication clerk in this
state or who becomes licensed or registered to engage in practice shall ((register
with the secretary of health annually or on the date prescribed by the
secretary and pay the renewal registration fee set by the secretary as provided
in RCW 43.70.250. A person who fails to renew a license or certificate before
its expiration is subject to a late renewal fee equal to one-third of the
regular renewal fee set by the secretary)) comply with administrative
procedures, administrative requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280.
Sec. 80. RCW 18.92.145 and 1993 c
78 s 7 are each amended to read as follows:
((The secretary
shall determine the)) Administrative procedures, administrative
requirements, and fees((,)) shall be established as provided
in RCW 43.70.250((,)) and 43.70.280 for the issuance, renewal, or
administration of the following licenses, certificates of registration,
permits, duplicate licenses, renewals, or examination:
(1) For a license to
practice veterinary medicine, surgery, and dentistry issued upon an examination
given by the examining board;
(2) For a license to
practice veterinary medicine, surgery, and dentistry issued upon the basis of a
license issued in another state;
(3) For a certificate
of registration as an animal technician;
(4) For a certificate
of registration as a veterinary medication clerk;
(5) For a temporary
permit to practice veterinary medicine, surgery, and dentistry. The temporary
permit fee shall be accompanied by the full amount of the examination fee; and
(6) For a license to
practice specialized veterinary medicine.
Sec. 81. RCW 18.108.060 and 1991
c 3 s 256 are each amended to read as follows:
((All licenses
issued under the provisions of this chapter, unless otherwise provided shall
expire on the annual anniversary date of the individual's date of birth.
The secretary shall
prorate the licensing fee for massage practitioner based on one-twelfth of the
annual license fee for each full calendar month between the issue date and the
next anniversary of the applicant's birth date, a date used as the expiration
date of such license.
Every applicant for
a license shall pay an examination fee determined by the secretary as provided
in RCW 43.70.250, which fee shall accompany their application. Applications
for licensure shall be submitted on forms provided by the secretary.
Applicants granted a
license under this chapter shall pay to the secretary a license fee determined
by the secretary as provided in RCW 43.70.250, prior to the issuance of their
license, and an annual renewal fee determined by the secretary as provided in
RCW 43.70.250. Failure to renew shall invalidate the license and all
privileges granted to the licensee, but such license may be reinstated upon
written application to the secretary and payment to the state of all delinquent
fees and penalties as determined by the secretary. In the event a license has
lapsed for a period longer than three years, the licensee shall demonstrate
competence to the satisfaction of the secretary by proof of continuing
education or other standard determined by the secretary with the advice of the
board)) Each applicant and
license holder shall comply with administrative procedures, administrative
requirements, and fees set by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 82. RCW 18.135.050 and 1991
c 3 s 274 are each amended to read as follows:
(1) Any health care
facility may certify a health care assistant to perform the functions
authorized in this chapter in that health care facility; and any health care
practitioner may certify a health care assistant capable of performing such
services in any health care facility, or in his or her office, under a health
care practitioner's supervision. Before certifying the health care assistant,
the health care facility or health care practitioner shall verify that the
health care assistant has met the minimum requirements established by the
secretary under this chapter. These requirements shall not prevent the
certifying entity from imposing such additional standards as the certifying
entity considers appropriate. The health care facility or health care
practitioner shall provide the licensing authority with a certified roster of
health care assistants who are certified.
(2) Certification and
recertification of a health care assistant shall be effective for a period
((of two years. Recertification is required at the end of this period))
determined by the secretary under RCW 43.70.250 and 43.70.280.
Requirements for recertification shall be ((established by rule)) determined
by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 83. RCW 18.135.055 and 1991
c 3 s 275 are each amended to read as follows:
The health care
facility or health care practitioner registering an initial or continuing
certification pursuant to the provisions of this chapter shall ((pay a))
comply with administrative procedures, administrative requirements, and
fees determined by the secretary as provided in RCW 43.70.250 and
43.70.280.
All fees collected
under this section shall be credited to the health professions account as
required in RCW 43.70.320.
Sec. 84. RCW 18.138.040 and 1991
c 3 s 281 are each amended to read as follows:
(1) If the applicant
meets the qualifications as outlined in RCW 18.138.030(2), the secretary shall
confer on such candidates the title certified dietitian.
(2) If the applicant
meets the qualifications as outlined in RCW 18.138.030(4), the secretary shall
confer on such candidates the title certified nutritionist.
(3) ((The
application fee in an amount determined by the secretary shall accompany the
application)) Applicants for certification as a certified dietitian
or certified nutritionist shall comply with administrative procedures,
administrative requirements, and fees determined by the secretary under RCW
43.70.250 and 43.70.280.
Sec. 85. RCW 18.138.060 and 1991
c 3 s 283 are each amended to read as follows:
(1) Every person
certified as a certified dietitian or certified nutritionist shall ((pay a
renewal registration fee determined by the secretary as provided in RCW
43.70.250. The certificate of the person shall be renewed for a period of one
year or longer at the discretion of the secretary)) renew the
certification according to administrative procedures, administrative
requirements, and fees determined by the secretary as provided in RCW 43.70.250
and 43.70.280.
(2) ((Any failure to
register and pay the annual renewal registration fee shall render the
certificate invalid. The certificate shall be reinstated upon: (a) Written
application to the secretary; (b) payment to the state of a penalty fee
determined by the secretary; and (c) payment to the state of all delinquent
annual certificate renewal fees.
(3) Any person who
fails to renew his or her certification for a period of three years shall not
be entitled to renew such certification under this section. Such person, in
order to obtain a certification as a certified dietitian or certified
nutritionist in this state, shall file a new application under this chapter,
along with the required fee, and shall meet all requirements as the secretary
provides.
(4))) All fees collected under this section shall be
credited to the health professions account as required.
Sec. 86. RCW 18.155.040 and 1990
c 3 s 804 are each amended to read as follows:
In addition to any
other authority provided by law, the secretary shall have the following
authority:
(1) To set ((all))
administrative procedures, administrative requirements, and fees ((required
in this chapter)) in accordance with RCW 43.70.250 and 43.70.280;
(2) To establish forms
necessary to administer this chapter;
(3) To issue a
certificate to any applicant who has met the education, training, and
examination requirements for certification and deny a certificate to applicants
who do not meet the minimum qualifications for certification. Proceedings
concerning the denial of certificates based on unprofessional conduct or
impaired practice shall be governed by the uniform disciplinary act, chapter
18.130 RCW;
(4) To hire clerical,
administrative, and investigative staff as needed to implement and administer
this chapter and to hire individuals including those certified under this
chapter to serve as examiners or consultants as necessary to implement and
administer this chapter;
(5) To maintain the
official department record of all applicants and certifications;
(6) To conduct a
hearing on an appeal of a denial of a certificate on the applicant's failure to
meet the minimum qualifications for certification. The hearing shall be
conducted pursuant to chapter 34.05 RCW;
(7) To issue subpoenas,
statements of charges, statements of intent to deny certificates, and orders
and to delegate in writing to a designee the authority to issue subpoenas,
statements of charges, and statements of intent to deny certificates;
(8) To determine the
minimum education, work experience, and training requirements for
certification, including but not limited to approval of educational programs;
(9) To prepare and
administer or approve the preparation and administration of examinations for
certification;
(10) To establish by
rule the procedure for appeal of an examination failure;
(11) To adopt rules
implementing a continuing competency program;
(12) To adopt rules in
accordance with chapter 34.05 RCW as necessary to implement this chapter.
Sec. 87. RCW 18.155.080 and 1990
c 3 s 808 are each amended to read as follows:
The secretary shall
establish ((by rule)) standards and procedures for approval of the
following:
(1) Educational programs
and alternate training;
(2) Examination
procedures;
(3) Certifying
applicants who have a comparable certification in another jurisdiction;
(4) Application method
and forms;
(5) Requirements for
renewals of certificates;
(6) Requirements of
certified sex offender treatment providers who seek inactive status;
(7) Other rules,
policies, administrative procedures, and administrative requirements as
appropriate to carry out the purposes of this chapter.
Sec. 88. RCW 42.17.310 and 1995 c
267 s 6 are each amended to read as follows:
(1) The following are
exempt from public inspection and copying:
(a) Personal
information in any files maintained for students in public schools, patients or
clients of public institutions or public health agencies, or welfare
recipients.
(b) Personal
information in files maintained for employees, appointees, or elected officials
of any public agency to the extent that disclosure would violate their right to
privacy.
(c) Information
required of any taxpayer in connection with the assessment or collection of any
tax if the disclosure of the information to other persons would (i) be
prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's
right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific
intelligence information and specific investigative records compiled by
investigative, law enforcement, and penology agencies, and state agencies
vested with the responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the
protection of any person's right to privacy.
(e) Information
revealing the identity of persons who are witnesses to or victims of crime or
who file complaints with investigative, law enforcement, or penology agencies,
other than the public disclosure commission, if disclosure would endanger any
person's life, physical safety, or property. If at the time a complaint is
filed the complainant, victim or witness indicates a desire for disclosure or
nondisclosure, such desire shall govern. However, all complaints filed with
the public disclosure commission about any elected official or candidate for
public office must be made in writing and signed by the complainant under oath.
(f) Test questions,
scoring keys, and other examination data used to administer a license,
employment, or academic examination.
(g) Except as provided
by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any
agency relative to the acquisition or sale of property, until the project or
prospective sale is abandoned or until such time as all of the property has
been acquired or the property to which the sale appraisal relates is sold, but
in no event shall disclosure be denied for more than three years after the
appraisal.
(h) Valuable formulae,
designs, drawings, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private gain and public
loss.
(i) Preliminary drafts,
notes, recommendations, and intra-agency memorandums in which opinions are
expressed or policies formulated or recommended except that a specific record
shall not be exempt when publicly cited by an agency in connection with any
agency action.
(j) Records which are
relevant to a controversy to which an agency is a party but which records would
not be available to another party under the rules of pretrial discovery for
causes pending in the superior courts.
(k) Records, maps, or
other information identifying the location of archaeological sites in order to
avoid the looting or depredation of such sites.
(l) Any library record,
the primary purpose of which is to maintain control of library materials, or to
gain access to information, which discloses or could be used to disclose the
identity of a library user.
(m) Financial
information supplied by or on behalf of a person, firm, or corporation for the
purpose of qualifying to submit a bid or proposal for (i) a ferry system
construction or repair contract as required by RCW 47.60.680 through 47.60.750
or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company
contracts filed prior to July 28, 1991, with the utilities and transportation commission
under RCW 81.34.070, except that the summaries of the contracts are open to
public inspection and copying as otherwise provided by this chapter.
(o) Financial and
commercial information and records supplied by private persons pertaining to
export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial
disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with
the utilities and transportation commission or attorney general under RCW
80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and
commercial information and records supplied by businesses or individuals during
application for loans or program services provided by chapters 43.163, 43.160,
43.330, and 43.168 RCW, or during application for economic development loans or
program services provided by any local agency.
(s) Membership lists or
lists of members or owners of interests of units in timeshare projects,
subdivisions, camping resorts, condominiums, land developments, or
common-interest communities affiliated with such projects, regulated by the
department of licensing, in the files or possession of the department.
(t) All applications
for public employment, including the names of applicants, resumes, and other
related materials submitted with respect to an applicant.
(u) The residential
addresses and residential telephone numbers of employees or volunteers of a
public agency which are held by the agency in personnel records, employment or
volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential
addresses and residential telephone numbers of the customers of a public
utility contained in the records or lists held by the public utility of which
they are customers.
(w)(i) The federal
social security number of individuals governed under chapter 18.130 RCW
maintained in the files of the department of health, except this exemption does
not apply to requests made directly to the department from federal, state, and
local agencies of government, and national and state licensing, credentialing,
investigatory, disciplinary, and examination organizations; (ii) the current
residential address and current residential telephone number of a health care
provider governed under chapter 18.130 RCW maintained in the files of the
department, if the provider requests that this information be withheld from public
inspection and copying, and provides to the department an accurate alternate or
business address and business telephone number. On or after January 1, 1995,
the current residential address and residential telephone number of a health
care provider governed under RCW 18.130.140 maintained in the files of the
department shall automatically be withheld from public inspection and copying
((if the provider has provided the department with an accurate alternative
or business address and telephone number)) unless the provider
specifically requests the information be released, and except as provided for
under RCW 42.17.260(9).
(x) Information
obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information
obtained by the board of pharmacy or the department of health and its
representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial
information, business plans, examination reports, and any information produced
or obtained in evaluating or examining a business and industrial development
corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and
commercial information supplied to the state investment board by any person
when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds or in private loss
to the providers of this information.
(bb) Financial and
valuable trade information under RCW 51.36.120.
(cc) Client records
maintained by an agency that is a domestic violence program as defined in RCW
70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that
identifies a person who, while an agency employee: (i) Seeks advice, under an
informal process established by the employing agency, in order to ascertain his
or her rights in connection with a possible unfair practice under chapter 49.60
RCW against the person; and (ii) requests his or her identity or any
identifying information not be disclosed.
(ee) Investigative records
compiled by an employing agency conducting a current investigation of a
possible unfair practice under chapter 49.60 RCW or of a possible violation of
other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related
information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial,
commercial, operations, and technical and research information and data
submitted to or obtained by the clean Washington center in applications for, or
delivery of, program services under chapter 70.95H RCW.
(hh) Information and
documents created specifically for, and collected and maintained by a quality
improvement committee pursuant to RCW 43.70.510, regardless of which agency is
in possession of the information and documents.
(2) Except for
information described in subsection (1)(c)(i) of this section and confidential
income data exempted from public inspection pursuant to RCW 84.40.020, the
exemptions of this section are inapplicable to the extent that information, the
disclosure of which would violate personal privacy or vital governmental
interests, can be deleted from the specific records sought. No exemption may
be construed to permit the nondisclosure of statistical information not
descriptive of any readily identifiable person or persons.
(3) Inspection or
copying of any specific records exempt under the provisions of this section may
be permitted if the superior court in the county in which the record is
maintained finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records is clearly
unnecessary to protect any individual's right of privacy or any vital
governmental function.
(4) Agency responses
refusing, in whole or in part, inspection of any public record shall include a
statement of the specific exemption authorizing the withholding of the record
(or part) and a brief explanation of how the exemption applies to the record
withheld.
NEW SECTION. Sec.
89. A new section is added
to chapter 43.70 RCW to read as follows:
The legislature finds
that domestic violence is the leading cause of injury among women and is linked
to numerous health problems, including depression, abuse of alcohol and other
drugs, and suicide. Despite the frequency of medical attention, few people are
diagnosed as victims of spousal abuse. The department, in consultation with
the disciplinary authorities as defined in RCW 18.130.040, shall establish,
within available department general funds, an ongoing domestic violence
education program as an integral part of its health professions regulation.
The purpose of the education program is to raise awareness and educate health
care professionals regarding the identification, appropriate treatment, and
appropriate referral of victims of domestic violence. The disciplinary
authorities having the authority to offer continuing education may provide
training in the dynamics of domestic violence. No funds from the health
professions account may be utilized to fund activities under this section
unless the disciplinary authority authorizes expenditures from its proportions
of the account. A disciplinary authority may defray costs by authorizing a fee
to be charged for participants or materials relating to any sponsored program.
NEW SECTION. Sec.
90. The following acts or
parts of acts are each repealed:
(1) RCW 18.30.110 and 1995 c
198 s 22 & 1995 c 1 s 12 (Initiative Measure No. 607);
(2) RCW 18.32.120 and 1994
sp.s. c 9 s 214, 1991 c 3 s 64, 1989 c 202 s 20, 1985 c 7 s 24, 1975 1st ex.s.
c 30 s 28, 1969 c 49 s 2, 1957 c 52 s 30, & 1953 c 93 s 5;
(3) RCW 18.53.055 and 1955 c
275 s 2;
(4) RCW 18.64A.065 and 1991 c
229 s 10;
(5) RCW 18.79.220 and 1994
sp.s. c 9 s 422; and
(6) RCW 18.83.100 and 1994 c
35 s 3, 1986 c 27 s 5, 1965 c 70 s 10, & 1955 c 305 s 10.
NEW
SECTION. Sec. 91. By December 31, 1997, the
secretary shall report to the appropriate standing committees of the
legislature on the implementation of this act and, after consulting with board
and commission members and representatives of health professional associations,
shall make recommendations about the extent authority to establish
administrative procedures and administrative requirements should continue to be
vested with the secretary.
