WSR 15-02-034
PERMANENT RULES
DEPARTMENT OF HEALTH
(Board of Nursing Home Administrators)
[Filed December 30, 2014, 3:55 p.m., effective January 30, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-843-231 Temporary practice permits (nursing home administrators). The board of nursing home administrators adopted amended rules to update requirements for issuance of a temporary practice permit to (1) applicants seeking nursing home administrator (NHA) licensure for interim placement only at a specific facility, and (2) to create a new category of temporary practice permit for applicants of permanent NHA licensure who have met all license requirements but are waiting for completion of a fingerprint-based criminal background check. The amended rules are needed to respond to possible licensing delays caused by national background checks that affect the public's access to health care.
Citation of Existing Rules Affected by this Order: Amending WAC 246-843-231.
Statutory Authority for Adoption: RCW 18.52.061, 18.130.064, and 18.130.075.
Adopted under notice filed as WSR 14-21-069 on October 10, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: December 5, 2014.
Harry Aubert, Chair
Board of Nursing
Home Administrators
AMENDATORY SECTION (Amending WSR 00-01-072, filed 12/13/99, effective 1/13/00)
WAC 246-843-231 Temporary practice permits.
(((1) A temporary practice permit may be issued for a period up to six months. A temporary practice permit holder is not eligible for a subsequent permit. A temporary practice permit shall be valid only for the specific nursing home for which it is issued and shall terminate upon the permit holder's departure from the nursing home, unless otherwise approved by the board. An applicant shall meet the following criteria:
(a) Submit temporary permit fee and application form approved by the secretary for initial credential;
(b) Submit verification from each state in which currently licensed that applicant is currently licensed and in good standing as a nursing home administrator in that state;
(c) Have a written agreement for consultation with a Washington state licensed nursing home administrator.
(2) Subsection (1)(b) of this section does not apply if the applicant is an administrator of a religious care facility acting under a limited licensed described in RCW 18.52.071.)) (1) Temporary practice permit for applicants seeking licensure for interim placement at specific facilities.
(a) A temporary practice permit may be issued to an applicant who meets the following conditions:
(i) Holds an unrestricted active license in another state;
(ii) Is not subject to denial of a license or issuance of a conditional or restricted license; and
(iii) There are no violations identified in the Washington criminal background check and the applicant meets all other licensure conditions including receipt by the department of health of a completed Federal Bureau of Investigation (FBI) fingerprint card.
(b) The temporary practice permit allows the applicant to work in the state of Washington as a nursing home administrator during the time specified on the permit. The temporary practice permit grants the applicant a license to practice within the full scope of practice as a nursing home administrator with the following conditions:
(i) A temporary practice permit is valid only for the specific nursing home for which it is issued unless otherwise approved by the board;
(ii) A temporary permit holder shall consult with a Washington state licensed nursing home administrator with whom they have a written agreement for consultation.
(c) A temporary practice permit will not be renewed, reissued, or extended. A temporary practice permit expires when one of the following occurs:
(i) The permit holder departs from the nursing home, unless otherwise approved by the board;
(ii) One hundred eighty days after the temporary practice permit is issued.
(d) To receive a temporary practice permit, the applicant must:
(i) Submit fees and a completed application for the permit;
(ii) Submit verification from each state in which the applicant is currently licensed and is in good standing as a nursing home administrator; and
(iii) Submit a written agreement for consultation with a Washington state licensed nursing home administrator.
(2) Temporary practice permit for applicants seeking permanent licensure.
(a) A temporary practice permit may be issued to an applicant who meets the following conditions:
(i) Holds an unrestricted, active license in another state that has substantially equivalent licensing standards to those in Washington;
(ii) Is not subject to denial of a license or issuance of a conditional or restricted license; and
(iii) There are no violations identified in the Washington criminal background check and the applicant meets all other licensure conditions including receipt by the department of health of a completed Federal Bureau of Investigation (FBI) fingerprint card.
(b) The temporary practice permit allows the applicant to work in the state of Washington as a nursing home administrator during the time specified on the permit. The temporary practice permit grants the applicant a license to practice within the full scope of practice as a nursing home administrator with the following conditions:
(c) A temporary practice permit will not be renewed, reissued, or extended. A temporary practice permit expires when one of the following occurs:
(i) The department of health issues a license after it receives the national background check report if the report is negative and the applicant otherwise meets the requirements for license;
(ii) A notice of decision on application is mailed to the applicant, unless the notice of decision on application specifically extends the duration of the temporary practice permit; or
(iii) One hundred eighty days after the temporary practice permit is issued.
(d) To receive a temporary practice permit, the applicant must:
(i) Submit fees and a completed application for licensure as a nursing home administrator;
(ii) Meet all requirements and qualifications for the license, except the results from a fingerprint-based national background check;
(iii) Provide verification of having an active unrestricted license as a nursing home administrator from another state that has substantially equivalent licensing standards in Washington; and
(iv) Submit the fingerprint card and a written request for a temporary practice permit when the department notifies the applicant the national background check is required.