WSR 02-09-042

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Health Professions Quality Assurance)

[ Filed April 12, 2002, 1:05 p.m. ]

Title of Rule: WAC 246-12-040 How to return to active status when a credential has expired.

Purpose: To allow expanded opportunity for credential holders to renew in person at the Department of Health.

Statutory Authority for Adoption: RCW 43.70.280.

Statute Being Implemented: RCW 43.70.280.

Summary: The proposed change would allow the late penalty fee to be waived if payment is made on the first business day after the expiration date, if the expiration date falls on a day the Department of Health is closed.

Reasons Supporting Proposal: This rule change will benefit those we credential by allowing greater opportunity for persons to renew their credentials in person without a penalty.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Dale, 1300 S.E. Quince, Olympia, WA 98504-7860, (360) 236-4983.

Name of Proponent: Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Payment is due for renewal of credentials on the expiration date of the credential. The proposed change would allow the late penalty fee to be waived if payment is made on the first business day after the expiration date, if the expiration date falls on a day the Department of Health is closed. This rule change will benefit those we credential by allowing greater opportunity for persons to renew their credentials in person, without penalty.

Proposal Changes the Following Existing Rules: A late penalty fee will not be charged if payment is made on the first business day after the expiration date, if the expiration date falls on a day the Department of Health is closed.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mary Dale, Department of Health, P.O. Box 47860, Olympia, WA 98504-7860 , AND RECEIVED BY June 18, 2002.


April 12, 2002

Mary C. Selecky

Secretary

OTS-5547.2


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-12-040   How to return to active status when a credential has expired.   (1) The credential status is expired if the practitioner does not renew on or before the expiration date. The practitioner must not practice until the credential is returned to active status.

(2) Any renewal that is postmarked or presented to the department after midnight on the expiration date is late, and subject to a late renewal penalty fee. The ((practitioner must not practice until the credential is returned to active status)) late penalty fee will be waived if:

(a) The credential expires on a day the department is closed for business; and

(b) Payment is received at the department of health, health professions quality assurance main office on the next business day.

(((2))) (3) A credential is returned to active status by complying with the following:

(a) Expired for one renewal cycle or less:

(i) Pay the late renewal penalty fee;

(ii) Pay the current renewal fee;

(iii) Pay the current substance abuse monitoring surcharge, if required by the profession;

(iv) Provide written declarations or documentation, if required for the profession; and

(v) Comply with current continuing education or continuing competency requirements if required by the profession.

(b) Expired for more than one renewal cycle but less than three years:

(i) Complete an abbreviated application form;

(ii) Pay the late renewal penalty fee;

(iii) Pay the current renewal fee;

(iv) Pay the current substance abuse monitoring surcharge, if required by the profession;

(v) Pay the expired credential reissuance fee;

(vi) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;

(vii) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;

(viii) Provide a written declaration that continuing education and competency requirements for the two most recent years have been met, if required for the profession to maintain an active credential; and

(ix) Provide other written declarations or documentation, if required for the profession.

(c) Expired for over three years:

(i) Complete an abbreviated application form;

(ii) Pay the late renewal penalty fee;

(iii) Pay the current renewal fee;

(iv) Pay the current substance abuse monitoring surcharge, if required by the profession;

(v) Pay the expired credential reissuance fee;

(vi) Satisfy other competency requirements of the regulatory entity, if required;

(vii) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;

(viii) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;

(ix) Provide a written declaration that continuing education or competency requirements for the two most recent years have been met, if required for the profession to maintain an active credential;

(x) Provide other written declarations or documentation, if required for the profession; and

(xi) If not previously provided, provide proof of AIDS education as required for the profession and in Part 8 of this chapter.

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-12-040, filed 2/13/98, effective 3/16/98.]

Washington State Code Reviser's Office