WSR 15-14-072
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed June 26, 2015, 3:50 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Title 246 WAC, proposing fee reductions for multiple health care providers, adding University of Washington Health Sciences Library (HEAL-WA) fee for marriage and family therapist associates and independent clinical worker associates, amending the number of times licensed counselor associate credentials may be renewed, and adding certain late renewal penalties. WAC 246-916-990, 246-822-990, 246-809-990, 246-847-990, 246-851-990, 246-850-990, 246-915-990, 246-915-99005, 246-924-990, and 246-928-990.
The department of health (department) is proposing amendments to the fee rules of the professions in Table 1 that include:
Reduction of application, active license renewal, and active renewal late penalty fees;
Clarification of which categories of fees require payment of the HEAL-WA surcharge;
Changes in formatting to make it easier for licensees to identify the fees they will be required to pay. This requires additional amendments in the proposed language to create headings and move fee categories under the proper headings.
Restructuring of physical therapy fees so that physical therapy assistants do not pay more than physical therapists.
Table 1
WAC
WAC Title/Profession
246-916-990
Athletic trainer fees and renewal cycle.
246-822-990
Dietitian and nutritionist fees and renewal cycle.
246-809-990
Licensed counselor, and associateFees and renewal cycle:
Includes:*
• Licensed mental health counselor.
• Licensed mental health counselor
associate.
• Licensed advanced social worker.
• Licensed advanced social worker
associate.
• Licensed independent clinical
social worker.
• Licensed independent clinical
social worker associate.
• Licensed marriage and family
therapist (clarifying changes only).
• Licensed marriage and family
therapist associate (adding HEAL-
WA fees and clarifying changes
only).
246-847-990
Occupational therapy fees and renewal cycle:
Includes:
• Occupational therapist.
• Occupational therapy assistant.
246-851-990
Optometry fees and renewal cycle.
246-850-990
Orthotist and prosthetist fees:
Includes:
• Orthotist.
• Prosthetist.
246-915-990
Physical therapy fees and renewal cycle.
246-915-99005
Physical therapist assistant fees and renewal cycle.
246-924-990
Psychology fees and renewal cycle.
246-928-990
Respiratory care fees and renewal cycle.
*Licensed marriage and family therapist and licensed marriage and family therapist associate credentials are not included in this fee reduction proposal because this program does not have a surplus. The changes included in this rule package for these professions are addition of the HEAL-WA surcharge and formatting.
In addition, the department is proposing amendment to WAC 246-809-990 to: Add the University of Washington (HEAL-WA) surcharge to the marriage and family therapist associate and independent clinical social worker associate credentials; amend the number of times a marriage and family therapist associate, mental health counselor associate, advanced social worker associate, and independent clinical social worker associate license may be renewed from four to six times; and add late renewal penalties for the psychologist retired active and optometrist inactive renewals.
Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Tumwater, WA 98501, on August 6, 2015, at 2:00 p.m.
Date of Intended Adoption: August 13, 2015.
Submit Written Comments to: Sherry Thomas, P.O. Box 47850, Olympia, WA 98504-7850, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by August 6, 2015.
Assistance for Persons with Disabilities: Contact Sherry Thomas by July 30, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current licensing fees generate more revenue than is needed to cover the full cost of administering these licensing programs. In response, the department is proposing to reduce a number of fees. The department is proposing addition of HEAL-WA fees for marriage and family therapist associates and independent clinical social worker associates to implement chapter 77, Laws of 2015 (SHB 1184), and amending the number of times licensed counselor associate credentials may be renewed to align it with RCW 18.225.145(6). The department is proposing reduction of physical therapist assistant fees to align them with those charged to physical therapists. The department is proposing addition of late renewal penalties for the psychologist retired active and optometrist inactive renewals. The remainder of the changes are clarifications and formatting changes to make it easier for licensees to identify the fees they will be required to pay.
Reasons Supporting Proposal: RCW 43.70.250 requires the cost of each licensing program to be fully borne by the profession's members and licensing fees to be based on licensure costs. Reducing fees to the proposed levels will align revenue with the programs' expenses and enable reserves to be maintained should unanticipated events occur, such as increased disciplinary costs. Chapter 77, Laws of 2015 (SHB 1184) requires the department to add HEAL-WA fees for marriage and family therapist associates and independent clinical social worker associates.
The physical therapist and physical therapist assistant fees fall under the same health profession licensing program. The physical therapist assistants are currently paying higher fees than physical therapists, so the department is proposing to realign the fees to spread them more fairly across the two physical therapy credentials.
Chapter 73, Laws of 2013, amended the number of times a marriage and family therapist associate, mental health counselor associate, advanced social worker associate, and independent clinical social worker associate license may be renewed. RCW 18.225.145(6) now allows renewal up to six times.
RCW 43.70.280(1) requires uniform application of late renewal penalties for health professions. Psychologists do not currently have a late renewal penalty for the retired active renewal and optometrists do not currently have a late renewal penalty for the inactive renewal. The proposed rule adopts late renewal fees consistent with other professions.
Statutory Authority for Adoption: RCW 43.70.250, 43.70.280, 43.70.110, 18.130.250, 18.225.145.
Statute Being Implemented: RCW 43.70.250, 18.130.250, 18.225.145, chapter 77, Laws of 2015.
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, Implementation, and Enforcement: Sherry Thomas, 111 Israel Road, Tumwater, WA 98501, (360) 236-4612.
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.
June 25, 2015
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 13-24-097, filed 12/3/13, effective 2/1/14)
WAC 246-809-990 Licensed counselor, and associate—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.
(2) Associate licenses are valid for one year and must be renewed every year on the date of issuance. The associate license may be renewed no more than ((four)) six times.
((Title
Fee
(3)
The following nonrefundable fees will be charged for licensed marriage and family therapist:
 
Application
$150.00
 
Initial license
75.00
 
Renewal
140.00
 
Renewal retired active
70.00
 
Late renewal penalty
70.00
 
Late renewal retired active
35.00
 
Expired license reissuance
85.00
 
Duplicate license
10.00
 
Certification of license
10.00
 
UW online access fee (HEAL-WA)
16.00
(4)
The following nonrefundable fees will be charged for licensed mental health counselor:
 
Application
140.00
 
Initial license
125.00
 
Renewal
138.00
 
Renewal retired active
70.00
 
Late renewal penalty
60.00
 
Late renewal retired active
35.00
 
Expired license reissuance
65.00
 
Duplicate license
10.00
 
Certification of license
10.00
 
UW online access fee (HEAL-WA)
16.00
(5)
The following nonrefundable fees will be charged for licensed advanced social worker and licensed independent clinical social worker:
 
Application
125.00
 
Initial license
125.00
 
Renewal
126.00
 
Renewal retired active
65.00
 
Late renewal penalty
63.00
 
Late renewal retired active
30.00
 
Expired license reissuance
72.50
 
Duplicate license
10.00
 
Certification of license
10.00
 
UW online access fee (HEAL-WA)
16.00
(6)
The following nonrefundable fees will be charged for licensed marriage and family therapy associates:
 
 
Application
50.00
 
Renewal
40.00
 
Late renewal penalty
40.00
 
Expired license reissuance
40.00
 
Duplicate license
15.00
 
Certification of license
15.00
(7)
The following nonrefundable fees will be charged for licensed mental health counselor associates:
 
 
Application
50.00
 
Renewal
40.00
 
Late renewal penalty
40.00
 
Expired license reissuance
40.00
 
Duplicate license
15.00
 
Certification of license
15.00
(8)
The following nonrefundable fees will be charged for licensed advanced social worker associates and licensed independent clinical social worker associates:
 
 
Application
50.00
 
Renewal
40.00
 
Late renewal penalty
40.00
 
Expired license reissuance
40.00
 
Duplicate license
15.00
 
Certification of license
15.00))
(3) The following nonrefundable fees will be charged:
Title
Fee
Licensed marriage and family therapist
 
 
Original application
 
 
 
Application
$150.00
 
 
License
75.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Active license renewal
 
 
 
Renewal
140.00
 
 
Late renewal penalty
70.00
 
 
Expired license reissuance
85.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Retired active license renewal
 
 
 
Renewal
70.00
 
 
Late renewal penalty
35.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Duplicate license
10.00
 
Verification of license
10.00
Licensed marriage and family therapy associate
 
 
Original application
 
 
 
Application
50.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Renewal
 
 
 
Renewal
40.00
 
 
UW online access fee (HEAL-WA)
16.00
 
 
Late renewal penalty
40.00
 
 
Expired license reissuance
40.00
 
Duplicate license
15.00
 
Verification of license
15.00
Licensed mental health counselor
 
 
Original application
 
 
 
Application
95.00
 
 
Initial license
80.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Active license renewal
 
 
 
Renewal
90.00
 
 
Late renewal penalty
50.00
 
 
Expired license reissuance
65.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Retired active license renewal
 
 
 
Renewal retired active
70.00
 
 
Late renewal penalty
35.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Duplicate license
10.00
 
Verification of license
10.00
Licensed mental health counselor associate
 
 
Original application
 
 
 
Application
35.00
 
Renewal
 
 
 
Renewal
25.00
 
 
Late renewal penalty
25.00
 
 
Expired license reissuance
40.00
 
Duplicate license
15.00
 
Verification of license
15.00
Licensed advanced social worker and licensed independent clinical social worker
 
 
Original application
 
 
 
Application
100.00
 
 
Initial license
100.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Active license renewal
 
 
 
Renewal
100.00
 
 
Late renewal penalty
50.00
 
 
Expired license reissuance
72.50
 
 
UW online access fee (HEAL-WA)
16.00
 
Retired active license renewal
 
 
 
Renewal retired active
65.00
 
 
Late renewal penalty
30.00
 
 
UW online access fee (HEAL-WA)
16.00
 
Duplicate license
10.00
 
Verification of license
10.00
Licensed advanced social worker associate and licensed independent clinical social worker associate
 
 
Original application
 
 
 
Application
35.00
 
 
UW online access fee (HEAL-WA)*
16.00
 
Renewal
 
 
 
Renewal
25.00
 
 
Late renewal penalty
25.00
 
 
UW online access fee (HEAL-WA)*
16.00
 
 
Expired license reissuance
40.00
 
Duplicate license
15.00
 
Verification of license
15.00
*
Surcharge applies to independent clinical social worker associate only.
AMENDATORY SECTION (Amending WSR 13-21-077, filed 10/17/13, effective 1/1/14)
WAC 246-822-990 Dietitian and nutritionist fees and renewal cycle.
(1) Certificates must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title
Fee
Original application
 
 
Application
$((100.00))
65.00
 
HEAL-WA* surcharge
16.00
Renewal
 
 
Renewal
((70.00))
45.00
 
HEAL-WA* surcharge((Application and renewal))
16.00
 
Late renewal penalty
((50.00))
45.00
Expired certificate reissuance
50.00
Duplicate certificate
30.00
((Certification)) Verification of certificate
30.00
*
HEAL-WA is the health resources for Washington online library. See RCW 43.70.110.
AMENDATORY SECTION (Amending WSR 13-21-077, filed 10/17/13, effective 1/1/14)
WAC 246-847-990 Occupational therapy fees and renewal cycle.
(1) Licenses must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged for occupational therapist:
((Title of Fee
Fee
Application and initial license fee
$175.00
License renewal
145.00
HEAL-WA* surcharge - Initial license and renewal ($16.00 per year for two-year cycle)
32.00
Limited permit fee
55.00
Late renewal fee
80.00
Expired license reissuance
80.00
Inactive license
15.00
Expired inactive license reissuance
15.00
Duplicate license
30.00
Certification of license
30.00))
Title of Fee
Fee
Original application
 
 
Application and initial license fee
$150.00
 
HEAL-WA* surcharge
16.00
Limited permit fee
55.00
Active license renewal
 
 
License renewal
125.00
 
Late renewal fee
65.00
 
HEAL-WA* surcharge ($16.00 per year for two-year cycle)
32.00
 
Expired license reissuance
80.00
Inactive license renewal
 
 
Inactive license
15.00
 
Expired license reissuance
15.00
 
HEAL-WA* surcharge ($16.00 per year for two-year cycle)
32.00
Duplicate license
30.00
Verification of license
30.00
(3) The following nonrefundable fees will be charged for occupational therapy assistant:
((Title of Fee
Fee
Application and initial license fee
175.00
License renewal
125.00
HEAL-WA* surcharge - Initial license and renewal ($16.00 per year for two-year cycle)
32.00
Late renewal fee
70.00
Expired license reissuance
70.00
Inactive license
15.00
Expired inactive license reissuance
14.00
Limited permit fee
45.00
Duplicate license
30.00
Certification of license
30.00))
Title of Fee
Fee
Original application
 
 
Application and initial license fee
$150.00
 
HEAL-WA* surcharge
16.00
Limited permit fee
45.00
Active license renewal
 
 
License renewal
105.00
 
Late renewal fee
55.00
 
Expired license reissuance
70.00
 
HEAL-WA* surcharge ($16.00 per year for two-year cycle)
32.00
Inactive license renewal
 
 
Inactive license
15.00
 
Expired inactive license reissuance
14.00
 
HEAL-WA* surcharge ($16.00 per year for two-year cycle)
32.00
Duplicate license
30.00
Verification of license
30.00
*
HEAL-WA is the health resources for Washington online library. See RCW 43.70.110.
AMENDATORY SECTION (Amending WSR 11-20-092, filed 10/4/11, effective 12/1/11)
WAC 246-850-990 Orthotic and prosthetic fees.
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee
Fee
Original application
 
 
((Orthotic)) Orthotist application
$((395.00))
265.00
 
((Prosthetic)) Prosthetist application
((395.00))
265.00
Active renewal
 
 
((Orthotic)) Orthotist renewal
((190.00))
125.00
 
((Prosthetic)) Prosthetist renewal
((190.00))
125.00
 
Late renewal penalty fee
((190.00))
65.00
 
Expired credential reissuance fee
190.00
Inactive renewal for orthotist or prosthetist
 
 
((Inactive credential)) Renewal fee
135.00
 
Late ((inactive)) renewal fee
((135.00))
70.00
Retired active renewal for orthotist or prosthetist
 
 
((Retired active credential)) Renewal fee
135.00
 
Late ((retired active credential)) renewal fee
((135.00))
70.00
Duplicate credential
30.00
((Certification)) Verification of credential
30.00
AMENDATORY SECTION (Amending WSR 15-07-004, filed 3/6/15, effective 4/6/15)
WAC 246-851-990 Optometry 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.
(2) The following nonrefundable fees will be charged:
Title of Fee
Fee
Original application
 
 
Application
$((175.00))
130.00
 
Out-of-state seminar
100.00
 
UW online access fee (HEAL-WA)
16.00
Active license renewal
 
 
Renewal
((199.00))
150.00
 
Late renewal penalty
((100.00))
75.00
 
Expired license reissuance
75.00
 
UW online access fee (HEAL-WA)
16.00
Inactive license renewal
 
 
Renewal
75.00
 
Late renewal penalty
50.00
 
UW online access fee (HEAL-WA)
16.00
Retired active license renewal
 
 
Renewal
94.00
 
Late renewal penalty
50.00
 
UW online access fee (HEAL-WA)
16.00
Duplicate license
15.00
((Certification)) Verification of license
25.00
AMENDATORY SECTION (Amending WSR 08-15-014, filed 7/7/08, effective 7/7/08)
WAC 246-915-990 Physical therapy 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. ((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) The following nonrefundable fees will be charged:
Title of Fee
Fee
Original application
 
 
Application
$((100.00))
65.00
Active license renewal
 
 
License renewal
((75.00))
50.00
 
Late renewal penalty
50.00
 
Expired license reissuance
50.00
Inactive license renewal
 
 
((Inactive)) License renewal
35.00
 
Expired ((inactive)) license reissuance
50.00
 
((Expired license reissuance
50.00))
Duplicate license
15.00
((Certification)) Verification of license
25.00
AMENDATORY SECTION (Amending WSR 08-13-068, filed 6/13/08, effective 7/1/08)
WAC 246-915-99005 Physical therapist assistant 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. ((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) The following nonrefundable fees will be charged for physical therapist assistant:
Title of Fee
Fee
Original application
 
 
Application
$((100.00))
60.00
Active license renewal
 
 
License renewal
((125.00))
45.00
 
Late renewal penalty
((62.50))
45.00
 
Expired license reissuance
50.00
Inactive license renewal
 
 
((Inactive)) License renewal
((50.00))
35.00
 
Expired ((inactive)) license reissuance
((75.00))
50.00
 
((Expired license reissuance
75.00))
Duplicate license
15.00
((Certification)) Verification of license
25.00
AMENDATORY SECTION (Amending WSR 08-13-066, filed 6/13/08, effective 7/1/08)
WAC 246-916-990 Athletic trainer 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. ((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 shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.))
(2) The following nonrefundable fees will be charged:
Title of Fee
Fee
Original application
 
 
Application
$((175.00))
115.00
Active license renewal
 
 
((License)) Renewal
((200.00))
135.00
 
Late renewal penalty
((100.00))
70.00
 
Expired license reactivation
100.00
Inactive license renewal
 
 
((Inactive license)) Renewal
40.00
 
((Expired license reactivation
100.00))
 
Expired ((inactive)) license reactivation
40.00
Duplicate license
15.00
Verification of license
25.00
AMENDATORY SECTION (Amending WSR 12-19-088, filed 9/18/12, effective 11/1/12)
WAC 246-924-990 Psychology 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.
(2) The following nonrefundable fees will be charged:
Title of Fee
Fee
Original application
 
 
Application
$((275.00))
190.00
 
UW online access fee (HEAL-WA)
16.00
Active license renewal
 
 
Renewal
((300.00))
210.00
 
((Renewal retired active
105.00))
 
UW online access fee (HEAL-WA)
16.00
 
Late renewal penalty
((155.00))
105.00
 
Expired license reissuance
155.00
Retired active license renewal
 
 
Renewal
105.00
 
Late renewal penalty
55.00
 
UW online access fee (HEAL-WA)
16.00
Duplicate license
30.00
((Certification)) Verification of license
30.00
Amendment of certificate of qualification
35.00
 
((UW online access fee (HEAL-WA)
16.00))
AMENDATORY SECTION (Amending WSR 10-19-071, filed 9/16/10, effective 10/15/10)
WAC 246-928-990 Respiratory care fees and renewal cycle.
(1) Licenses must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. ((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) The following nonrefundable fees will be charged:
Title of Fee
Fee
Application
$((210.00))
140.00
Temporary practice permit
50.00
Duplicate license
15.00
Verification of licensure
15.00
Renewal
((165.00))
110.00
Late renewal penalty
((110.00))
55.00
Expired license reissuance
65.00