SENATE BILL REPORT

HB 1753

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Health & Long Term Care, March 29, 2019

Title: An act relating to requiring a statement of inquiry for rules affecting fees related to health professions.

Brief Description: Requiring a statement of inquiry for rules affecting fees related to health professions.

Sponsors: Representatives Riccelli, Macri and Harris.

Brief History: Passed House: 3/08/19, 98-0.

Committee Activity: Health & Long Term Care: 3/25/19, 3/29/19 [DP].

Brief Summary of Bill

  • Requires the Department of Health and disciplining authorities to file a statement of inquiry prior to adopting any rules that set or adjust fees affecting health professions.

SENATE COMMITTEE ON HEALTH & LONG TERM CARE

Majority Report: Do pass.

Signed by Senators Cleveland, Chair; Randall, Vice Chair; O'Ban, Ranking Member; Bailey, Becker, Dhingra, Frockt, Keiser, Rivers and Van De Wege.

Staff: Evan Klein (786-7483)

Background: Health Professions Fees. Health professions are licensed and regulated by disciplining authorities, which charge licensing fees to license holders. These fees must be set in an amount to cover the costs of the licensing programs. A recent performance audit by the state auditor found that revenues from some health professions have been covering the costs of licensing other professions.

Rulemaking Process. Before initiating the formal rulemaking process, state agencies must file a statement of inquiry with the code reviser to solicit comments on the possible rulemaking. The statement of inquiry must identify the statutory authority for the rule, discuss why rules on the subject may be needed and what they will accomplish, identify other federal and state agencies that regulate the subject, discuss the possible rulemaking process, and specify the process by which interested parties may participate in the decision to adopt a new rule and formulation of a proposed rule prior to publication. An agency is not required to file a statement of inquiry under specific circumstances, including for rules that set or adjust fees pursuant to legislative standards.

Summary of Bill: The Department of Health and disciplining authorities must file a statement of inquiry prior to adopting any rules that set or adjust fees affecting health professions.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This is a simple bill that puts into statute a process for the health professions account fee rulemaking to be treated similarly to other rules. This will allow professions to engage with the Department of Health prior to formal rulemaking.

Persons Testifying: PRO: Roman Daniels-Brown, Washington State Medical Association.

Persons Signed In To Testify But Not Testifying: No one.