WSR 16-16-039 PERMANENT RULES DEPARTMENT OF HEALTH (Dental Quality Assurance Commission) [Filed July 26, 2016, 12:05 p.m., effective August 26, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending WAC 246-817-135 and repealing WAC 246-817-130 and 246-817-140, the adopted rule: Eliminates conflict with RCW 18.32.215 by eliminating reference to clinical examination requirement; provides a single rule to eliminate confusion with the current three rules; defines "state" and "currently engaged in the practice of dentistry"; removes the unnecessary requirements and adds two standard licensure requirements.
Citation of Existing Rules Affected by this Order: Repealing WAC 246-817-130 and 246-817-140; and amending WAC 246-817-135.
Statutory Authority for Adoption: RCW 18.32.0365.
Other Authority: RCW 18.32.215.
Adopted under notice filed as WSR 16-09-101 on April 19, 2016.
A final cost-benefit analysis is available 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 2.
Date Adopted: June 3, 2016.
C. Madden
Commission Chair
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:
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