WSR 15-16-018 PROPOSED RULES DEPARTMENT OF HEALTH [Filed July 24, 2015, 1:22 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-15-108.
Title of Rule and Other Identifying Information: Chapter 246-834 WAC, Midwives: Creating four new proposed rules regarding the credential renewal requirements for licensed midwives, WAC 246-834-345 License renewal, 246-834-355 Continued competency, 246-834-360 Quality improvement program for midwives, and 246-834-370 Data submission for midwives.
Hearing Location(s): Department of Health, Town Center Two, Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on September 10, 2015, at 1:00 p.m.
Date of Intended Adoption: September 24, 2015.
Submit Written Comments to: Kathy Weed, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by September 10, 2015.
Assistance for Persons with Disabilities: Contact Kathy Weed by August 26, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules establish the requirements for renewal, continuing education (CE), peer review, and data submission. Upon implementation, the rule will outline the requirements for thirty hours of CE every three years, participation in a department approved peer review process every two years, and annual participation of data submission on perinatal outcomes with a department approved research organization. The proposed rules will provide a clear definition of the renewal requirements and will not affect any existing rules.
Reasons Supporting Proposal: 2SHB 1773 (section 3, chapter 187, Laws of 2014) amended RCW 18.50.102 requiring the department of health to adopt rules for renewal requirements for licensed midwives.
Statutory Authority for Adoption: RCW 18.50.102 and 18.50.135.
Statute Being Implemented: RCW 18.50.102.
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: Kathy Weed, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4883.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kathy Weed, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4883, fax (360) 236-2901, e-mail kathy.weed@doh.wa.gov.
July 23, 2015
John Wiesman, DrPH, MPH
Secretary
NEW SECTION
WAC 246-834-345 License renewal.
A licensed midwife must renew their license every year on his or her birthday. To renew a license, a licensed midwife shall comply with the requirements in:
(1) RCW 18.50.102 License renewal;
(2) RCW 18.50.108 Written plan for consultation, emergency transfer, and transport;
(3) WAC 246-12-030 How to renew a credential;
(4) WAC 246-834-355 Continuing education;
(5) WAC 246-834-360 Quality improvement program;
(6) WAC 246-834-370 Data submission; and
(7) WAC 246-834-990 Midwifery fees and renewal cycle.
NEW SECTION
WAC 246-834-355 Continuing education.
(1) A licensed midwife shall complete thirty hours of continuing education (CE) every three years and must comply with chapter 246-12 WAC, Part 7. CE course work must contribute to the professional knowledge and development of the licensed midwife.
(a) A minimum of twenty-five hours must be directly related to the clinical practice of midwifery.
(b) Any remaining hours may be in professional development activities that enhance the practice of the licensed midwife.
(2) A licensed midwife shall obtain CE hours through one or more of the categories listed below. Documentation for all activities must include licensee's name, date of activity, and number of hours. Additional specific documentation is defined below:
(a) Acceptable CE course work. A minimum of ten hours is required per reporting period in acceptable CE course work. For the purposes of this section, acceptable CE course work means courses offered or authorized by industry recognized local, state, private, national and international organizations, agencies or institutions of higher learning. The department will not authorize or approve specific CE courses. The required documentation for this category is a certificate or documentation of attendance.
(b) Course work or classes offered by an accredited college or university. The course work must provide skills and knowledge beyond entry-level skills. The required documentation for this category is a transcript or documentation of attendance. A maximum of ten hours is allowed per reporting period for this category.
(c) Research, writing, or teaching. The required documentation for this category is a two page synopsis for each activity written by the licensee. A maximum of fifteen hours is allowed per reporting period for this category.
(d) Documented self-study or life experience. The required documentation for this category is a two page synopsis of each activity written by the licensee. A maximum of five hours is allowed per reporting period for this category.
(e) Serving on a professional board, committee, disciplinary panel, or association. The required documentation for this category is a letter or other documentation from the organization. A maximum of five hours is allowed per reporting period for this category.
(f) Professional manuscript review. The required documentation for this category is a letter from the publishing organization verifying review of the manuscript. A maximum of ten hours is allowed per reporting period for this category.
(g) Professional conference or workshop. The required documentation for this category is a certificate or documentation of attendance. A maximum of ten hours is allowed per reporting period for this category.
(3) Continuing education credit will not be given for the following:
(a) A cardiopulmonary resuscitation course;
(b) A neonatal resuscitation course; or
(c) Participation in data submission on perinatal outcomes.
NEW SECTION
WAC 246-834-360 Quality improvement program.
(1) As a condition of renewing a license, a licensed midwife shall:
(a) Participate in a Washington state coordinated quality improvement program peer review process that complies with the requirements in RCW 43.70.510.
(b) Attest every two years that the midwife has completed peer review for a minimum of five of the midwife's clinical cases over the course of those two years.
(2) A midwife may be excused from or granted an extension of participation in a peer review process due to illness or other extenuating circumstances. The department, upon request, will determine if the requirements may be waived or if an extension may be granted.
(3) For auditing purposes, written confirmation of participation in a peer review process from the approved coordinated quality improvement program shall suffice. The midwife must keep her/his participation records; records must not be sent to the department.
NEW SECTION
WAC 246-834-370 Data submission.
(1) As a condition of renewing a license, a licensed midwife shall report data on all courses of care for every mother and newborn under the midwife's care to a national or state research organization approved by the department. If the mother declines to participate in the collection of data, the midwife shall follow the protocol of the approved national or state research organization.
(2) The licensed midwife shall verify compliance by submitting an attestation to the department annually with the license renewal.
(3) For auditing purposes, written confirmation of full participation in data collection from the approved state or national research organization shall suffice.
(4) The midwife must keep her/his data and participation records; data and participation records will not be submitted directly to the department.
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