WSR 11-09-085

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 20, 2011, 10:22 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-853-990 Osteopathic fees and renewal cycle, the proposed rules will reduce fees for osteopathic physicians and osteopathic physician assistants.

Hearing Location(s): Department of Health, 310 Israel Road S.E., Room 152, Tumwater, WA 98501, on May 24, 2011, at 1:00 p.m.

Date of Intended Adoption: May 24, 2011.

Submit Written Comments to: Dianna Staley, P.O. Box 47860, Olympia, WA 98504-7860, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by May 24, 2011.

Assistance for Persons with Disabilities: Contact Dianna Staley by May 17, 2011, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules reduce fees for osteopathic physicians and osteopathic physician assistants. The osteopathic profession has demonstrated a reduction in the costs to administer the profession. The costs to administer the profession have been consistently below the existing fee revenues.

Reasons Supporting Proposal: RCW 43.70.250 requires that each profession is self-supporting and directs the department to collect fees to pay the costs to regulate the profession. Reductions in administrative and regulatory costs and activities that include credentialing, complaint intake, and disciplinary activities make it possible for the department to propose reducing the fees for osteopathic physicians and osteopathic physician assistants.

Statutory Authority for Adoption: RCW 43.70.250, 43.70.110.

Statute Being Implemented: RCW 43.70.110.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Dianna Staley, 310 Israel Road S.E., Tumwater, WA, (360) 236-4997; Implementation and Enforcement: Joy King, 310 Israel Road S.E., Tumwater, WA, (360) 236-4936.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

April 20, 2011

Gregg L. Grunenfelder

Deputy Secretary

for Mary C. Selecky

Secretary

OTS-3935.1


AMENDATORY SECTION(Amending WSR 08-15-014, filed 7/7/08, effective 7/7/08)

WAC 246-853-990   Osteopathic fees and renewal cycle.   (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except postgraduate training limited licenses. ((The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.))

(2) Postgraduate training limited licenses must be renewed every year to correspond to program dates. ((The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.))

(3) The following nonrefundable fees will be charged for osteopathic physicians:


Title of Fee Fee
Endorsement application $((800.00)) 600.00
Active license renewal ((750.00)) 600.00
Active late renewal penalty ((300.00)) 250.00
Active expired license reissuance ((300.00)) 250.00
Inactive license renewal ((500.00)) 350.00
Expired inactive license reissuance 225.00
Inactive late renewal penalty ((250.00)) 175.00
Endorsement/state exam application ((900.00)) 500.00
Reexam 100.00
Certification of license 50.00
Limited license application ((350.00)) 325.00
Limited license renewal ((325.00)) 300.00
Temporary permit application 70.00
Duplicate certificate 20.00
Substance abuse
monitoring surcharge 25.00
UW ((library)) on-line access fee (HEAL-WA) 25.00

(((5))) (4) The following nonrefundable fees will be charged for osteopathic physician assistants:

Title of Fee Fee
Application ((300.00)) $250.00
Renewal ((325.00)) 250.00
Late renewal penalty ((162.50)) 150.00
Expired license reissuance 100.00
Certification of license 30.00
Practice plan 70.00
Interim permit 200.00
License after exam 100.00
Duplicate certificate 20.00
Substance abuse
monitoring surcharge 25.00
UW ((library)) on-line access fee (HEAL-WA) 25.00

[Statutory Authority: RCW 43.70.110, 43.70.250, 2008 c 329. 08-15-014, 246-853-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-853-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 99-24-063, 246-853-990, filed 11/29/99, effective 12/30/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-853-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.250 and chapters 18.57, 18.57A, 18.22 and 18.59 RCW. 94-22-055, 246-853-990, filed 11/1/94, effective 1/1/95. Statutory Authority: RCW 43.70.250. 92-14-054 (Order 281), 246-853-990, filed 6/25/92, effective 7/26/92; 91-21-034 (Order 200), 246-853-990, filed 10/10/91, effective 11/10/91; 91-13-002 (Order 173), 246-853-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-853-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-138-080, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-138-080, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-138-080, filed 8/10/83. Formerly WAC 308-138-060.]

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