WSR 18-03-143
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed January 22, 2018, 12:04 p.m.]
Supplemental Notice to WSR 17-15-070.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-811-990 Chemical dependency professional and chemical dependency professional traineeFees and renewal cycle, proposing increases in application and renewal fees, adjustments to standardize other related fees, and formatting updates.
Hearing Location(s): On March 1, 2018, at 1:00 p.m., at the Department of Health, Town Center 2, 111 Israel Road, Room 158, Tumwater, WA 98501.
Date of Intended Adoption: March 8, 2018.
Submit Written Comments to: Sherry Thomas, P.O. Box 47850, Olympia, WA 98504-7850, email https://fortress.wa.gov/doh/policyreview, fax (360) 236-2901, by March 1, 2018.
Assistance for Persons with Disabilities: Contact Sherry Thomas, phone 360-236-4612, TTY 360-833-6388 or 711, email sherry.thomas@doh.wa.gov, by February 22, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current licensing fees do not generate sufficient revenue to cover the cost of administering the licensing program and its budget is in a large deficit. The department is proposing to increase application and renewal fees for chemical dependency professionals (CDP) by thirty-one percent. The department initially filed proposed rules to increase fees for CDPs and chemical dependency professional trainees (CDPT) by fifty percent as part of a group of fee increases (filed as WSR 17-15-070). However, comments in opposition stated the fee increases would be a major deterrent to licensure at a time when Washington state needs more providers to respond to the opioid epidemic and mental health/substance use disorder treatment integration. The department is also proposing adjustments to standardize fees for late renewal, verification of credentials, and duplicate credentials, and formatting updates.
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. The proposed fee increases are anticipated to allow this program's revenues to align more closely with current and projected expenses and to significantly reduce the program's fund balance deficit over time. The department has further evaluated alternatives to the fifty percent increase proposed to CDPs and CDPTs and determined the best alternative to keep the program self-supporting without negatively impacting the number of practitioners is to propose maintenance of the current CDPT fees along with a more modest increase for CDPs of thirty-one percent. The department will then closely monitor the program's budget to determine if future adjustments are needed. The proposed increases are expected to improve the program's ending fund balance, but not to eliminate the deficit. The other fee adjustments will create consistency in the fees for functions that require similar staff time to complete across professions.
Statutory Authority for Adoption: RCW 43.70.250 and 43.70.280.
Statute Being Implemented: RCW 43.70.250 and 43.70.280.
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 S.E., Tumwater, WA 98501, 360-236-4612.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
January 22, 2018
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 09-14-111, filed 6/30/09, effective 7/1/09)
WAC 246-811-990 Chemical dependency professional and chemical dependency professional trainee—Fees and renewal cycle.
(1) A chemical dependency professional (CDP) certificate must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) A chemical dependency professional trainee (CDPT) certificate must be renewed every year to correspond with issuance date.
(3) The following nonrefundable fees will be charged for a certified chemical dependency professional:
Title of Fee
Fee
Application
$((200.00))
260.00
Initial certification
((225.00))
295.00
Active renewal
((230.00))
300.00
Active late renewal penalty
150.00
((Renewal)) Retired active renewal
115.00
Retired active late renewal ((retired active)) penalty
((57.50))
60.00
((Late renewal penalty
115.00))
Expired certification reissuance
115.00
Duplicate certification
10.00
((Certification)) Verification of certificate
((10.00))
25.00
(4) The following nonrefundable fees will be charged for a certified chemical dependency professional trainee:
Title of Fee
Fee
Application and initial certification
$110.00
Renewal
90.00
Late renewal penalty
50.00
Expired certification reissuance
50.00
Duplicate certification
((15.00))
10.00
((Certification)) Verification of certificate
((15.00))
25.00