Z-0277.1  _______________________________________________

                         SENATE BILL 5200

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Thibaudeau, Deccio, Wojahn and Winsley; by request of Department of Health

Read first time 01/15/1999.  Referred to Committee on Health & Long‑Term Care.

Removing the termination of the secretary of health's authority for administrative procedure.

    AN ACT Relating to removing the termination of the secretary's authority for administrative procedures; and amending RCW 43.70.280.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 43.70.280 and 1998 c 29 s 1 are each amended to read as follows:

    (1) The secretary, in consultation with health profession boards and commissions, shall establish by rule the administrative procedures, administrative requirements, and fees for initial issue, renewal, and reissue of a credential for professions under RCW 18.130.040, including procedures and requirements for late renewals and uniform application of late renewal penalties.  Failure to renew invalidates the credential and all privileges granted by the credential.  Administrative procedures and administrative requirements do not include establishing, monitoring, and enforcing qualifications for licensure, scope or standards of practice, continuing competency mechanisms, and discipline when such authority is authorized in statute to a health profession board or commission.  For the purposes of this section, "in consultation with" means providing an opportunity for meaningful participation in development of rules consistent with processes set forth in RCW 34.05.310.

    (2) Notwithstanding any provision of law to the contrary which provides for a licensing period for any type of license subject to this chapter including those under RCW 18.130.040, the secretary of health may, from time to time, extend or otherwise modify the duration of any licensing, certification, or registration period, whether an initial or renewal period, if the secretary determines that it would result in a more economical or efficient operation of state government and that the public health, safety, or welfare would not be substantially adversely affected thereby.  However, no license, certification, or registration may be issued or approved for a period in excess of four years, without renewal.  Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of health adopted in accordance with the provisions of chapter 34.05 RCW.  Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period.

    (((3) Unless extended by the legislature, effective March 1, 1999, the authority of the secretary to establish administrative procedures and administrative requirements for initial issue, renewal, and reissue of a credential, including procedures and requirements for late renewals and uniform application of late renewal penalties, shall cease to apply to those health professions otherwise regulated by a board or commission with statutory rule-making authority.  If not extended by the legislature, such authority shall transfer to the respective board or commission.  Rules adopted by the secretary under this section shall remain in effect after March 1, 1999, until modified or repealed in accordance with the provisions of chapter 34.05 RCW.))

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