WSR 16-09-101
PROPOSED RULES
DEPARTMENT OF HEALTH
(Dental Quality Assurance Commission)
[Filed April 19, 2016, 1:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-23-004.
Title of Rule and Other Identifying Information: WAC 246-817-130, 246-817-135 and 246-817-140, license without examination for dentist[s] licensed in another state who apply for Washington state licensure. The proposed rule repeals WAC 246-817-130 and 246-817-140, and combines and modifies duplicated license requirements in WAC 246-817-130 and 246-817-135 into WAC 246-817-135.
Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on June 3, 2016, at 8:05 a.m.
Date of Intended Adoption: June 3, 2016.
Submit Written Comments to: Jennifer Santiago, P.O. Box 47852, Olympia, WA 98501, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by May 27, 2016.
Assistance for Persons with Disabilities: Contact Jennifer Santiago by May 27, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule eliminates conflict with RCW 18.32.215 by eliminating reference to clinical examination requirement. The proposed rule provides all license requirements in a single rule to eliminate confusion with the current three rules. Additionally, the proposed rule defines "state," "currently engaged in the practice of dentistry," removes the unnecessary requirements, and adds two standard licensure requirements.
Reasons Supporting Proposal: Current rules required verification of a clinical examination but RCW 18.32.215 allows a dentist currently engaged in practice in another state to be granted a license without examination. The commission is proposing this modification to clearly identify license requirements for dentists licensed in another state who apply for a Washington state dentist license.
Statutory Authority for Adoption: RCW 18.32.0365.
Statute Being Implemented: RCW 18.32.215.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state dental quality assurance commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennifer Santiago, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4893.
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 Jennifer Santiago, P.O. Box 47852, Olympia, WA 98501, phone (360) 236-4893, fax (360) 236-2901, e-mail jennifer.santiago@doh.wa.gov.
April 19, 2016
Charles Hall, D.D.S., Chair
Dental Quality Assurance Commission
AMENDATORY SECTION (Amending WSR 08-23-017, filed 11/6/08, effective 12/7/08)
WAC 246-817-135 Dental licensure without examination ((for dentists))Eligibility and application ((procedure)) requirements.
((The applicant is responsible for obtaining and furnishing to the DQAC all materials required to establish eligibility for a)) For individuals holding a dentist credential in another U.S. state or territory, to be eligible for Washington state dental license without examination((. In addition to the requirements defined in WAC 246-817-110 the following documentation must be provided)), the applicant must provide:
(1) ((A statement by the applicant as to whether the applicant has been the subject of any disciplinary action in the state(s) of licensure and whether the applicant has engaged in unprofessional conduct as defined in RCW 18.130.180.
(2) A statement by the applicant that they are not an impaired practitioner as defined in RCW 18.130.170.)) A completed application on forms provided by the secretary;
(2) Applicable fees under WAC 246-817-990;
(3) A ((certification by the state board(s))) verification by a U.S. state or territory board of dentistry (or equivalent authority) ((that the applicant was issued a license, registration, certificate or privilege)) of an active credential to practice dentistry, without restrictions, and whether the applicant has been the subject of final or pending disciplinary action((.));
(4) ((Documentation to substantiate that standards defined in WAC 246-817-140 have been met.)) Proof of graduation from an approved dental school under WAC 246-817-110 (2)(a):
(a) The only acceptable proof is an official, posted transcript sent directly from such school;
(b) Graduates of nonapproved dental schools must meet the requirements under RCW 18.32.215 (1)(b).
(5) Proof that the applicant is currently engaged in the practice of dentistry((, in another state as demonstrated by the following information:
(a) Address of practice location(s);
(b) Length of time at the location(s);
(c) A letter from all malpractice insurance carrier(s) defining years when insured and any claims history;
(d) Federal or state tax numbers;
(e) DEA numbers if any;)):
(a) Dentists serving in the United States federal services as described in RCW 18.32.030(2)((, for the period of such service, need not provide (a) through (e) of this subsection, but)) must provide documentation from their commanding officer regarding length of service, duties and responsibilities ((including)), and any adverse actions or restrictions((. Such dental service, including service within the state of Washington, shall be credited toward the dental practice requirement.));
(b) Dentists employed by a dental school ((approved by the DQAC for the period of such dental practice, need not provide (a) through (e) of this subsection, but)) approved under WAC 246-817-110 (2)(a) must provide documentation from the dean or appropriate administrator of the institution regarding the length and terms of employment ((and their)), duties and responsibilities, and any adverse actions or restrictions((. Such dental practice, including practice within the state of Washington, shall be credited toward the dental practice requirement. Dental practice within a residency program shall be credited toward the dental practice requirement. A license may be revoked upon evidence of misinformation or substantial omission.
All information must be completed and received within one hundred eighty days of receipt of the initial application. Only completed applications will be reviewed by the DQAC, or its designee(s) at the next scheduled DQAC meeting or at other intervals as determined by the DQAC.));
(c) Dentists in a dental residency program must provide documentation from the director or appropriate administrator of the residency program regarding length of residency, duties and responsibilities, and any adverse actions or restrictions; or
(d) Dentists practicing dentistry for a minimum of twenty hours per week for the four consecutive years preceding application, in another U.S. state or territory must provide:
(i) Address of practice location(s);
(ii) Length of time at the location(s);
(iii) A letter from all malpractice insurance carrier(s) defining years when insured and any claims history;
(iv) Federal or state tax numbers; and
(v) DEA numbers if any.
(6) Proof of seven clock hours of AIDS education and training as required by chapter 246-12 WAC, Part 8;
(7) Proof of successful completion of a commission approved written jurisprudence examination;
(8) A recent 2" x 2" photograph, signed, dated, and attached to the application; and
(9) Authorization for background inquiries to other sources may include, but are not limited to, the national practitioner data bank and drug enforcement agency.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 246-817-130
Licensure without examination for dentists—Eligibility.
WAC 246-817-140
Licensure without examination for dentists—Licensing examination standards.