WSR 19-15-096

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed July 22, 2019, 9:35 a.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: WAC 246-825-990 License fees, genetic counselor, proposing to decrease licensing application and active renewal fees, update late renewal penalties, and adjust license duplication and verification fees to meet department standards.

Hearing Location(s): On August 27, 2019, at 2:00 p.m., at the Department of Health, Town Center 2, Room #145, 111 Israel Road S.E., Tumwater, WA 98501.

Date of Intended Adoption: September 4, 2019.

Submit Written Comments to: Jeff Wise, Department of Health, P.O. Box 47850, Tumwater, WA 98504-7850, email https://fortress.wa.gov/doh/policyreview, by August 27, 2019.

Assistance for Persons with Disabilities: Contact Jeff Wise, phone 360-236-4987, TTY 360-833-6388 or 711, email jeff.wise@doh.wa.gov, by August 14, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current fees are generating surplus revenue for the genetic counselor program, largely related to their growing licensee base and minimal disciplinary costs. This program is projected to have a funding balance of $142,000 by June 2019, which is forecasted to grow to approximately $354,000 by June 2025. Professions need to maintain a reserve that is based on level of risk including revenue stability, disciplinary trends, and size of the profession, in order to cover unanticipated costs. The proposed seventy-five percent fee reduction is anticipated to bring the program's fund balance down to target reserve levels of $57,000 by fiscal year 2029. The department of health (department), is also proposing a decrease to the late renewal penalties to $50.00, license duplication fee to $10.00, and license verification fee to $25.00, in order to bring these amounts in line with the department's standard for all health professions.

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 the licensing program's costs. In response to a petition by the Washington State Genetic Counselors Network, the department is proposing to decrease licensing and active renewal fees for genetic counselors, after determining that current fees are generating a program fund surplus. The goal of the proposed fee decrease is to bring licensing fee revenues into alignment with the actual costs of regulating this program, and avoid the projected growing fund surplus. The department's proposal to decrease the late renewal penalties and adjust the license duplication and verification fees is intended to bring these amounts in line with the department's standard for all health professions.

In addition, the state auditor's office published their performance audit report, "Aligning Healthcare Professional Fees with Licensing Costs," in November 2018, to examine if the department aligns the fees it charges to health care professions with the costs of licensing. In response, the department is developing processes to review fees more consistently and enhance transparency of fund balances and fee setting. Department policy and office of financial management guidelines that require professions to have a sufficient reserve to cover unexpected costs, were also used.

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: Nancy Elliott, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4878; Implementation and Enforcement: Jeff Wise, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4987.

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.

July 18, 2019

John Weisman, DrPH, MPH

Secretary