WSR 98-01-166
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed December 22, 1997, 4:10 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-17-064.
Title of Rule: Administrative procedures and requirements for credential health care providers.
Purpose: Consolidation of the administrative requirements for health care credentials from forty-three different profession's WACs to a single chapter.
Other Identifying Information:
[Open Style:Columns Off]
[Open Style:Columns On]
Statutory Authority for Adoption: RCW 18.130.040.
Statute Being Implemented: Uniform Disciplinary Act.
Summary: 1996 legislation (HB 2151) directed the Department of Health, in consultation with health profession boards and commissions, to consolidate the administrative requirements for the licensure, certification, and registration of health care providers credentialed under the Uniform Disciplinary Act. The intent was to create a single, uniform process for credentialing health care providers.
Reasons Supporting Proposal: To increase the effectiveness and fairness of the regulation of different providers by creating a single process for credentialing.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Diana Ehri, Health Services Administrator, 1300 Quince Street, Olympia, WA, (360) 753-9177.
Name of Proponent: Washington State Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Consolidation of the administrative procedures for health care credentials. Currently, the forty-three different professions's credentialed providers each have sections in their WACs that describe the administrative requirements to obtain a credential. These rule changes will amend and replace in the WACs of each profession. The result will be a single chapter that describes administrative procedures. Each profession will retain the ability to make or recommend substantive rule changes for their respective professions.
Areas included in these rule changes include: Application for initial credential, renewal of the credential, expired credentials, inactive credentials, documentation of continuing education, and documentation of HIV/AIDS education. Consolidation of these procedures in one chapter will minimize variation and provide greater consistency in the regulatory process.
Proposal Changes the Following Existing Rules: These changes will remove administrative procedures and requirements from the WACs that regulate forty-three different professions. Parts of the existing WAC sections will be amended and parts will be replaced. References in each of the forty-three different chapters will be made to the new chapter 246-12 WAC.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Economic Impact Analysis
and
Small Business Economic Impact Statement
I. Background: 1996 legislation (HB 2151) directed the Department of Health, in consultation with health profession boards and commissions, to consolidate the administrative requirements for the licensure, certification, and registration of health care providers credentialed under the Uniform Disciplinary Act, RCW 18.130.040. The intent was to create a single, uniform process for credentialing health care providers. The legislation stated the process must be in rule.
To accomplish this, the department created new chapter 246-12 WAC. Chapter 246-12 WAC consolidates administrative requirements across the forty-three credentialed professions. The chapter includes the administrative procedures for initial and renewal credentials for providers, initial and renewal credentials for businesses, inactive credentials, retired active credentials, suspensions, continuing education, AIDS prevention and information education requirements, duplicate credentials or wall certificates, provider name and address changes, fees payments and refunds.
Individual boards and commissions retain the ability to make or recommend additional requirements that are unique to their respective professions, such as continuing competency or continuing education. However, the basic administrative procedures will be the same for all professions.
II. Financial Impact on Regulated Parties:
Recordkeeping and Reporting: Currently, the recordkeeping and reporting requirements to acquire a credential, whether it be licensure, certification, or registration, are found in the rules of each separate profession. Chapter 246-12 WAC changes this by creating a single administrative path to acquire a credential. Variation that currently exists will be minimized. The providers who will benefit most are those who are credentialed in multiple professions.
Though they will have to apply for each credential separately1, the application process will be the same. Other providers and the public will also benefit from a streamlined process that will become familiar to all users of the system.
The following recordkeeping and reporting requirements have existed in various forms in the separate WACs of the professions. Here they are expressed in a single manner which will lessen the burden on providers.
Providers are required to complete the basic uniform application to receive an initial credential. This application requires the minimum amount of identifying data from applicants; a declaration of criminal history, unprofessional conduct and practice history; education and experience; and HIV/AIDS education. This information enables DOH to screen applicants for qualifications and substantiated violations.
Once granted, credentials will expire on the birthday of the provider. While most professions already use birthday renewal dates, eleven credentials will be changed from set expiration dates to birthday expiration dates.
Providers will be notified by the department when their credentials need to be renewed. Notice is sent eight weeks prior to the expiration date of the credential. As determined by the profession, continuing education2, competency requirements, and or written declarations may be required upon renewal.
The department has minimized the amount of time necessary to renew a credential by creating a preprinted renewal form for providers to complete. The form contains questions about current practice, a continuing education declaration, and the fee providers must pay to renew their credentials. It is estimated that the renewal form takes 5-10 minutes to complete.
Credentials are renewed every one or two years. Each profession designates whether the credential expires in one or two years. Renewal every two years would place less burden on providers, except where providers pay high rates to renew credentials in relation to their wage or salary. Two year renewals might create a financial burden for some providers in low wage professions, such as midwifery or nursing assistance.
Two year renewal might also create a financial burden for those professions with a small number of providers. Since the total cost of program administration must be supported by the credentialed providers, professions with fewer providers must divide costs among a small number of people. Acupuncture, midwifery, and denturists are examples of higher fees due to a small number of providers.
The following table demonstrates professions likely to consider two
year renewal a financial burden.
[Open Style:Columns Off]
[Open Style:Columns On]
In 1998, the Department of Health's Health Professions Quality Assurance Division (HPQAD) will initiate a voluntary rule-making process for those professions that would like to move to a two year renewal cycle.
If providers do not renew their credentials and allow them to expire, additional recordkeeping and reporting requirements are triggered. If a credential has expired for less than one year it may be returned to active status when the provider pays the appropriate fees, submits written declarations that the profession may require, and meets any continuing education requirement of the profession.
If a credential has expired for more than one year but less than three years, providers must pay the appropriate fees, submit written declarations that the profession may require, complete an abbreviated application form, submit a written declaration that no action has been taken to restrict practice, submit a written declaration that the credential was not voluntarily given up to avoid negative action, and submit a written declaration that any continuing education requirements for the last two years has been met.
If a credential has expired for more than three years, providers must pay the appropriate fees, submit written declarations that the profession may require, complete an abbreviated application form, submit a written declaration that no action has been taken to restrict practice, submit a written declaration that the credential was not voluntarily given up to avoid negative action, and submit a written declaration that any continuing education requirements for the last two years has been met, provide proof of AIDS education if not previously provided, and meet the competency requirements of the profession.
Some professions allow providers to obtain inactive credentials. To obtain an inactive credential providers must submit a letter stating they are in good standing and will not practice while holding an inactive license. Inactive credentials may be renewed on the provider's birth date. To return to active status from inactive, providers must notify the department in writing, provide a written declaration that any continuing education requirement has been met, and provide a written declaration that no action has been taken to restrict practice. Providers must also provide proof of AIDS education, if not previously submitted.
Some professions allow providers to obtain retired active credentials. To obtain retired active credentials, provider must submit a letter stating they are in good standing and will practice on intermittent or emergency basis only. To renew a retired active credential providers must submit a declaration that they have practiced only intermittently or on an emergency basis. To return to active status from retired active providers must notify the department in writing, pay the appropriate fee, provide a written declaration that continuing education requirements have been met, provide a written declaration that no action has been taken to restrict practice, provide any additional written declarations that may be required by the professions, and satisfy any competency requirements of the profession.
State law requires the department to suspend the credentials of people who have not paid student loans or child support. The disciplining authority may also suspend the credential of providers who have violated the law. Providers may return to active status from suspension when they have completed the requirements of the order, paid the appropriate fees, provided a written declaration that any continuing education requirements have been met, provided any written declaration that the profession may require, and, if the suspension was for over three years, the provider must comply with any other requirements identified by the profession.
To renew a license, providers must submit a uniform, signed declaration of compliance with any continuing education requirements of the profession. If providers do not submit a declaration of compliance, they may be subject to disciplinary action as determined by the profession. Requests for exemption from continuing education requirements may be taken to the profession. Each credit hour must be at least 50 minutes to qualify as continuing education. Credit for a course will be granted the first time the course is taken during the renewal only.
All applicants must complete AIDS prevention and information education requirements, per chapter 70.24 RCW3. Four or seven hours of training is required, depending upon the profession, prior to receiving a credential. The AIDS education must meet the requirements of the model curriculum. Applicants should be prepared to document curriculum and validate attendance for up to two years after attendance.
Providers may obtain duplicate credentials or wall certificate by paying the appropriate fee.
Providers are required to notify the department of any name or address change. Name changes must be documented by a marriage certificate, a divorce decree, or a court order of legal name change. Address changes may be made by telephone. A current mailing address enables the department to inform providers about changes in regulation, notify them of disciplinary actions, and send renewal notices.
Since this chapter changes the renewal date for some providers' credentials, there will be a transition period. During the transition some credentials will be valid for more, or less than, the usual period of validity depending on the birthday of the provider. Fees will be prorated. Some providers will have to renew more frequently during the transition period, however they will be notified eight weeks in advance of each renewal date and notified of the prorated fee.
Training and Education: No additional training or education is required as a result of this chapter. Providers will be notified of any changes in renewal dates through program newsletters and notices.
New Equipment Requirements: No new equipment is required.
Inspections - Audits: Up to 25% of credentialed providers may be audited for compliance with continuing education requirements. Providers must keep documentation of attendance in case of a department audit. Acceptable documentation consists of course certificates or transcripts.
New Licenses/Fees: RCW 43.70.250 requires that the cost of credentialing professions be fully supported by the members of the profession. Initial fees and renewal fees are determined on a profession by profession basis. Currently, the following fees are charged when appropriate:
Initial fee.
Renewal fee.
Late renewal penalty fee - for expired credentials.
Inactive credential fee.
Retired active renewal fee.
Returned from mandated suspension fee.
Duplicate credential fee.
The only new fee is the expired credential reissuance fee. This fee
is charged when providers renew credentials which have expired for more
than one year. This fee covers the expenses related to the maintenance
of the provider's record in the licensing data base and in the individual
program files. This fee may be avoided. It is only charged after the
credential has expired for more than a year.
If the annual renewal is: The expired credential reissuance fee is:
From $1 to $50 100% of the renewal fee
From $51 to $100 $50 flat fee
$101 or more 50% of the renewal fee, but no more than $300
Administration Expenses and Professional Services: No additional administrative expenses or professional services will be incurred by providers as a result of this chapter.
Reduced Production: No reduction in production is anticipated as a result of this chapter.
Summary: The total costs of these requirements to individual providers exceeds the minor cost threshold determined by the Standard Industrial Code Classification, Miscellaneous Health and Allied Services (809). A small business economic impact statement is necessary.
III. Cost to the Department of Health:
Administration Costs: Fees paid by providers are sufficient to meet, but not exceed, the Department of Health costs. State law, RCW 43.70.25 [43.70.250], requires that the cost of credentialing professions be fully supported by members of the profession. Each profession completes a fee study that determines fees sufficient to meet program costs.
Changes resulting from this chapter will not increase the Department of Health administrative costs or increase individual program fees. The only change is the addition of the expired license reissuance fee. This fee will cover the administrative costs related to credentials that have expired over a year. The fee supports expenses related to maintenance of records on the ASI computer system and in individual program files. This fee may be avoided. It is only charged after the credential has expired for more than a year.
A temporary increase in administrative costs will occur as eleven types of credentials are changed from set expiration dates to birthday expiration dates. However, the additional expense will only occur during the transition and is not expected to be significant.
Small Business Economic Impact Statement: Nearly all providers pay the fees for their own credentials. Individual providers qualify as small businesses since less than fifty people are employed. Since most providers qualify as small businesses, there is no disproportionate impact to small businesses. When there is no disproportionate impact, mitigation is not necessary.
An estimated 228,807 credentialed providers will have to comply with
the requirements of these rules. Public involvement was solicited
through presentations to boards, commissions, committees, and to
interested parties in eastern and western Washington. Opportunity for
written comments was provided during different stages of the development
of the rules. Comments were received from regulated providers, provider
associations, independent boards and commissions, advisory committees,
and individual program staff.
1 Since each profession is has different education and experience requirements for a credential, separate applications are necessary. For example, the experience and education required for a person to become a licensed midwife is not the same for a person to become a licensed massage therapist. However dual licensure in these areas may be desirable for a practitioner.
2 HPQA wrote a report questioning the efficacy of mandatory continuing education requirements. However, addressing the need for mandatory continuing education is beyond the scope of HB 2151. HB 2151 authorized only administrative changes.
3 Repeal of this requirement would require legislative action.
A copy of the statement may be obtained by writing to Department of Health, Health Professions Quality Assurance, Connie Soiberg, P.O. Box 47860, Olympia, WA 98504-0657, phone (360) 753-9177, or FAX (360) 753-0657.
RCW 34.05.328 does not apply to this rule adoption. These rule changes apply to administrative procedures and do not include substantive changes.
Hearing Location: 1102 Quince Street, Olympia, WA, on January 28, 1998, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Connie Soiberg by January 21, 1998, TDD (360) 664-0064, or FAX (360) 753-0657.
Submit Written Comments to: Diana Ehri, Department of Health, P.O. Box 47860, Olympia, WA 98504-7860, FAX (360) 753-0657, by January 21, 1998.
Date of Intended Adoption: January 30, 1998.
December 22, 1997
Bruce Miyahara
Secretary
ADMINISTRATIVE PROCEDURES AND REQUIREMENTS FOR CREDENTIALED HEALTH
CARE PROVIDERS
PART 1
GENERAL PROVISIONS
NEW SECTION
WAC 246-12-001 Purpose and scope. The rules in this chapter are
intended to ensure consistent application of administrative procedures
and requirements for licensure, certification and registration of health
care practitioners credentialed under the Uniform Disciplinary Act (RCW
18.130.040), except those credentialed under chapter 18.73 RCW (emergency
medical services). Within the rules there are several references to
additional requirements which may be unique to a profession. Examples
are the renewal cycle, fees, continuing education or competency
requirements. Refer to individual profession's laws and rules for
further guidance and information. Health profession laws and rules are
available in public libraries and in publications by the department of
health.
[]
NEW SECTION
WAC 246-12-010 Definitions. (1) "Business": A business is an adult family home provider owned by a corporation regulated under chapter 18.48 RCW; a pharmaceutical firm regulated under chapter 18.64 RCW; or a nursing pool regulated under chapter 18.52C RCW.
(2) "Credential": A credential is a license, certification, or registration issued to a person to practice a regulated health care profession. Whether the credential is a license, certification or registration is determined by the law regulating the profession.
(3) "Declaration": A declaration is a statement signed by the practitioner on a form provided by the department of health for verifying continuing education, AIDS training, or other requirements. When required, declarations must be completed and signed to be effective verification to the department.
(4) "Disciplinary suspension": The regulatory entity places the credential in disciplinary suspension status when there is a finding of unprofessional conduct. Refer to the Uniform Disciplinary Act (RCW 18.130.160).
(5) "Mandated suspension": The department of health places the credential in mandated suspension status when a law requires suspension of a credential under certain circumstances. This suspension is nondiscretionary for the department of health. Examples of mandated suspension are default on a student loan and failure to pay child support. The practitioner may not practice while on mandated suspension. The credential must be returned to active status before the practitioner may practice. See Part 6 of this chapter.
(6) "Practitioner": A practitioner is an individual health care provider listed under the Uniform Disciplinary Act, RCW 18.130.040.
(7) "Regulatory entities": A "regulatory entity" is a board, commission, or the secretary of the department of health designated as the authority to regulate one or more professions or occupations in this state. Practitioner health care practice acts and the Uniform Disciplinary Act (UDA) designate whether it is a board, commission, or the secretary of the department of health which has the authority to adopt rules, discipline health care providers, and determine requirements for initial licensure and continuing education requirements.
The regulatory entity may determine whether disciplinary action should be taken on a credential for unprofessional conduct. These actions may include revocation, suspension, practice limitations or conditions upon the practitioner.
(8) "Renewal": Every credential requires renewal. The renewal cycle is either one year or two years, depending on the profession.
(9) "Secretary": The secretary is the secretary of the department of health or his or her designee.
(10) "Status": All credentials are subject to the Uniform Disciplinary Act (UDA) regardless of status. A credential status may be in any one of the following:
(a) Most credentials are in "active" status. These practitioners are authorized to practice the profession. These practitioners need to renew the credential each renewal cycle. See Part 2 of this chapter.
(b) The department of health places the credential in "expired" status if the credential is not renewed on time. While in expired status, the practitioner is not authorized to practice. Practice on an expired status is a violation of law and subject to disciplinary action. See Part 2 of this chapter.
(c) A practitioner may place the credential in "inactive" status if authorized by the regulatory entity. This means the practitioner is not practicing the profession. See Part 4 of this chapter.
(d) A practitioner may place the credential in "retired active"
status if authorized by the regulatory entity. This means the
practitioner can practice only intermittently or in emergencies. See
Part 5 of this chapter.
[]
PART 2
INITIAL AND RENEWAL CREDENTIALING OF PRACTITIONERS
NEW SECTION
WAC 246-12-020 How to obtain an initial credential. (1) An initial credential for a practitioner is issued once all eligibility requirements are met.
(2) To obtain an initial credential, the practitioner must:
(a) Pay applicable application, examination and licensing fees;
(b) Submit an application on forms approved by the secretary;
(c) Submit supporting documentation required by the regulatory entity.
(3) The initial credential will expire on the practitioner's
birthday, except for faculty or limited education credential authorized
by law. Initial credentials issued within ninety days of the
practitioner's birthday do not expire until a full renewal cycle has
elapsed.
[]
NEW SECTION
WAC 246-12-030 How to renew a credential. (1) The expiration date for all credentials is the practitioner's birthday, except for faculty or limited education credentials authorized by law.
(2) A credential period may be one or two years. To determine the renewal cycle, refer to the individual laws and rules pertaining to your profession.
(3) To renew a credential, the practitioner must:
(a) Pay the renewal fee;
(b) Pay the impaired monitoring credential surcharge, if required by the profession; and
(c) Provide written declarations, if required for the profession.
(4) Prior to the credential expiration date, courtesy renewal notices are mailed to the address on file. Practitioners should return the renewal notice when renewing their credential. Failure to receive a courtesy renewal notice does not relieve or exempt the credential renewal requirement.
(5) Renewal fees are accepted by the department no sooner than
ninety days prior to the expiration date.
[]
NEW SECTION
WAC 246-12-040 How to return to active status when a credential has expired. (1) The credential status is expired if the practitioner does not renew on or before the expiration date. Any renewal that is postmarked or presented to the department after midnight on the expiration date is late, and subject to a late renewal penalty fee. The practitioner must not practice until the credential is returned to active status.
(2) A credential is returned to active status by complying with the following:
(a) Expired for one renewal cycle or less:
(i) Pay the late renewal penalty fee;
(ii) Pay the current renewal fee;
(iii) Pay the current impaired monitoring credential surcharge, if required by the profession;
(iv) Provide written declarations, if required for the profession; and
(v) Comply with current continuing education or continuing competency requirements if required by the profession.
(b) Expired for more than one renewal cycle but less than three years:
(i) Complete an abbreviated application form;
(ii) Pay the late renewal penalty fee;
(iii) Pay the current renewal fee;
(iv) Pay the expired credential reissuance fee;
(v) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;
(vi) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;
(vii) Provide a written declaration that continuing education and competency requirements for the two most recent years have been met, if required for the profession to maintain an active credential; and
(viii) Provide other written declarations or documentation, if required for the profession.
(c) Expired for over three years:
(i) Complete an abbreviated application form;
(ii) Pay the late renewal penalty fee;
(iii) Pay the current renewal fee;
(iv) Pay the expired credential reissuance fee;
(v) Satisfy other competency requirements of the regulatory entity, if required;
(vi) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;
(vii) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;
(viii) Provide a written declaration that continuing education requirements for the two most recent years have been met, if required for the profession;
(ix) Provide other written declarations or documentation, if required for the profession; and
(x) If not previously provided, provide proof of AIDS education as
required for the profession and in Part 8 of this chapter.
[]
PART 3
INITIAL AND RENEWAL CREDENTIALING OF BUSINESSES
NEW SECTION
WAC 246-12-060 How to obtain an initial business credential. An initial credential for a business is issued once all eligibility requirements are met. To obtain an initial credential, the business must:
(1) Pay all applicable application and license fees;
(2) Submit an application on forms approved by the secretary;
(3) Submit supporting documentation required by the regulatory
entity.
[]
NEW SECTION
WAC 246-12-070 How to renew a business credential. (1) A business expires on a date determined by the regulatory entity.
(2) A credential period may be one or two years. Refer to the profession laws and rules to determine the renewal cycle and expiration date.
(3) To renew a credential the business must:
(a) Pay the renewal fee; and
(b) Provide written declarations, if required for the profession.
(4) Prior to the credential expiration date, courtesy renewal notices are mailed to the address on file. Businesses should return the renewal notice when renewing their credential. Failure to receive a courtesy renewal notice does not relieve or exempt the credential renewal requirement.
(5) Renewal fees are accepted by the department within ninety days
prior to the expiration date.
[]
NEW SECTION
WAC 246-12-080 When a business credential expires. (1) The business credential expires if the credential is not renewed on or before the expiration date. The business must not open for business or otherwise operate until the credential is renewed.
(2) A business credential is renewed by complying with the following:
(a) Expired for three years or less:
(i) Pay the late renewal penalty fee;
(ii) Pay the current renewal fee for each renewal cycle where the credential was expired; and
(iii) Provide written declarations, if required for the profession.
(b) Expired more than three years:
(i) Comply with the qualifications and procedures for initial credentialing; and
(ii) Pay initial credentialing fee.
[]
PART 4
INACTIVE CREDENTIAL
NEW SECTION
WAC 246-12-090 How to obtain an inactive credential. A practitioner may obtain an inactive credential if authorized by the regulatory entity. Refer to the profession rules to determine if this status is available.
(1) To obtain an inactive credential the practitioner must submit a letter notifying the department of health of the intent to obtain an inactive credential.
(2) A practitioner may apply for an inactive credential if he or she meets the following criteria:
(a) Holds an active Washington state credential;
(b) Is in good standing; and
(c) Will not practice in Washington.
(3) The practitioner may obtain an inactive credential at any time
the criteria in subsection (2) of this section are met. The fee for the
initial inactive credential will be due when the active credential
expires.
[]
NEW SECTION
WAC 246-12-100 How to renew an inactive credential. (1) The expiration for all credentials is the practitioner's birthday. To renew an inactive credential, the practitioner must:
(a) Pay the inactive credential renewal fee; and
(b) Pay the impaired monitoring surcharge, if required by the profession.
(2) To determine the renewal cycle, refer to the individual laws and rules pertaining to your profession.
(3) Inactive credential renewal fees are accepted by the department no sooner than ninety days prior to the expiration date.
(4) Prior to the inactive credential expiration date, courtesy
renewal notices are mailed to the address on file. Practitioners should
return the renewal notice when renewing their credential. Failure to
receive a courtesy renewal notice does not relieve or exempt the inactive
credential renewal requirement.
[]
NEW SECTION
WAC 246-12-110 How to return to active status from inactive status. To change an inactive credential to an active credential status the practitioner must:
(1) Notify the department in writing of the change;
(2) Pay the appropriate current active renewal fee;
(3) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;
(4) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;
(5) Provide a written declaration that continuing education requirements for the two most recent years have been met, if required for the profession;
(6) Provide other written declarations, if required for the profession;
(7) Satisfy other competency requirements of the regulatory entity; if required; and
(8) If not previously provided, provide proof of AIDS education as
required for the profession and in Part 8 of this chapter.
[]
PART 5
RETIRED ACTIVE CREDENTIAL
NEW SECTION
WAC 246-12-120 How to obtain a retired active credential. A practitioner may obtain a retired active status credential if authorized by the regulatory entity. Refer to the profession rules to determine if this status is available.
(1) To obtain a retired active credential the practitioner must submit a letter notifying the department of health of the intent to practice only on an intermittent or emergency basis.
(2) A practitioner may apply for a retired active credential (refer to RCW 18.130.250) if he or she meets the following criteria:
(a) Holds an active Washington state credential;
(b) Is in good standing; and either
(c) Will practice no more than ninety days each year in Washington state; or
(d) Will practice only in emergency circumstances such as earthquakes, floods, times of declared war or other states of emergency.
(3) The practitioner may obtain a retired active credential at any time the criteria in subsection (2) of this section are met. The fee for the initial retired active credential will be due when the active credential expires.
(4) The profession may define specific practice settings in which
services may be provided. Refer to the laws and rules of the profession
to determine if specific practice settings are identified.
[]
NEW SECTION
WAC 246-12-130 How to renew a retired active credential. (1) The expiration for all credentials is the practitioner's birthday. To determine the renewal cycle, refer to the individual laws and rules pertaining to your profession.
(2) To renew a retired active credential, the practitioner must:
(a) Pay the retired active credential renewal fee;
(b) Pay the impaired monitoring surcharge, if required by the profession;
(c) Provide a written declaration stating that he or she practiced only intermittently or in an emergency during the previous renewal cycle;
(d) Provide a written declaration stating that continuing education requirements have been met, if required for the profession; and
(e) Provide other written declarations, if required for the profession.
(3) Retired active credential renewal fees are accepted by the department no sooner than ninety days prior to the expiration date.
(4) Prior to the retired active credential expiration date, courtesy
renewal notices are mailed to the address on file. Practitioners should
return the renewal notice when renewing their credential. Failure to
receive a courtesy renewal notice does not relieve or exempt the retired
active credential renewal requirement.
[]
NEW SECTION
WAC 246-12-140 How to return to active status from retired active status. To change a retired active credential to an active credential status the practitioner must:
(1) Notify the department in writing of the change;
(2) Pay the appropriate current active renewal fee;
(3) Provide a written declaration that no action has been taken by a state or federal jurisdiction or hospital which would prevent or restrict the practitioner's practice of the profession;
(4) Provide a written declaration that he or she has not voluntarily given up any credential or privilege or has not been restricted in the practice of the profession in lieu of or to avoid formal action;
(5) Provide a written declaration that continuing education requirements have been met, if required for the profession;
(6) Provide other written declarations or documentation, if required for the profession;
(7) Satisfy other competency requirements of the regulatory entity, if required; and
(8) If not previously provided, provide proof of AIDS education as
required for the profession and in Part 8 of this chapter.
[]
PART 6
CREDENTIAL SUSPENSIONS
NEW SECTION
WAC 246-12-160 How to return to active status following a mandated suspension. (1) The department of health places the credential in mandated suspension status when a law requires suspension of a credential under certain circumstances. This suspension is not discretionary for the department of health. Examples of mandated suspension are default on a student loan and failure to pay child support. The practitioner may not practice while on mandated suspension. The credential must be returned to active status before the practitioner may practice.
(2) A credential is returned to active status by complying with the following:
(a) Meet all the requirements outlined in the order mandating the suspension;
(b) Pay the current renewal fee, if due;
(c) Pay the impaired monitoring credential surcharge if required by the profession;
(d) Pay a "return from mandated suspension fee" of two hundred forty-five dollars. Standard renewal fees are not required during the period of the suspension;
(e) Provide written declaration that all continuing education hours for the entire suspension period have been met, if required by the profession;
(f) Provide other written declarations, if required for the profession; and
(g) If the mandated suspension was for more than three years the
practitioner must also comply with any specific requirements identified
in rule by that profession's regulatory entity.
[]
NEW SECTION
WAC 246-12-165 How to return to active status following a disciplinary suspension. (1) The regulatory entity may place a credential on disciplinary suspension when there is a finding of unprofessional conduct. The practitioner may not practice while on suspension. The credential must be returned to active status before the practitioner may practice.
(2) A credential is returned to active status by complying with the following:
(a) Meet all the requirements outlined in the order mandating the suspension;
(b) Pay the current renewal fee, if due. Standard renewal fees are not required during the period of the suspension;
(c) Pay the impaired monitoring credential surcharge if required by the profession;
(d) Provide written declaration that all continuing education hours for the entire suspension period have been met, if required by the profession; and
(e) Provide other written declarations, if required for the
profession.
[]
PART 7
CONTINUING EDUCATION
NEW SECTION
WAC 246-12-170 When is continuing education required? Continuing
education is required for renewal of a credential only if authorized in
law. The regulatory entity defines the continuing education
requirements. Practitioners should refer to the laws and rules relating
to their profession to determine if continuing education is required.
[]
NEW SECTION
WAC 246-12-180 How to prove compliance. If continuing education
is required for renewal, the practitioner must verify compliance by
submitting a signed declaration of compliance.
[]
NEW SECTION
WAC 246-12-190 Auditing for compliance. Up to twenty-five percent
of the practitioners are randomly audited for continuing education
compliance after the credential is renewed. It is the practitioner's
responsibility to submit documentation of completed continuing education
activities at the time of the audit. Failure to comply with the audit
documentation request or failure to supply acceptable documentation
within sixty days may result in disciplinary action.
[]
NEW SECTION
WAC 246-12-200 What is acceptable audit documentation? Practitioners must:
(1) Prove compliance which may include course or program certificates of training or transcripts. Refer to the rules of your profession for more specific guidance.
(2) Keep records for four years documenting attendance description
of learning.
[]
NEW SECTION
WAC 246-12-210 When is a practitioner exempt from continuing
education? A practitioner may be excused from or granted an extension
of continuing education requirements due to illness or other extenuating
circumstances. The profession's regulatory entity determines when the
requirements may be waived or may grant an extension.
[]
NEW SECTION
WAC 246-12-220 How credit hours for continuing education courses
are determined. A credit hour is defined as time actually spent in a
course or other activities as determined by the regulatory entity as
fulfilling continuing education requirements. A credit hour for time
actually spent in a course can not be less than fifty minutes.
[]
NEW SECTION
WAC 246-12-230 Carrying over of continuing education credits.
Continuing education hours in excess of the required hours earned in a
renewal period cannot be carried forward to the next renewal cycle.
[]
NEW SECTION
WAC 246-12-240 Taking the same course more than once during a
renewal cycle. The same course taken more than once during a renewal
cycle will only be counted once.
[]
PART 8
AIDS PREVENTION AND INFORMATION EDUCATION REQUIREMENTS
NEW SECTION
WAC 246-12-250 Definitions. (1) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.
(2) "Office on AIDS" means that section with the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
[]
NEW SECTION
WAC 246-12-260 Who must obtain AIDS education? All practitioners
must demonstrate completion of four or seven clock hours of AIDS
education prior to initially obtaining a health care credential. Refer
to the specific profession rules to determine whether four or seven hours
of AIDS education and training is required.
[]
NEW SECTION
WAC 246-12-270 Acceptable AIDS education and training. (1) The regulatory entity will accept education and training that is consistent with the model curriculum available from the office on AIDS.
(2) AIDS education and training must include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
[]
NEW SECTION
WAC 246-12-280 What is acceptable documentation? Practitioners must:
(1) Provide a written declaration that the minimum education and training has been completed;
(2) Keep records for two years documenting attendance and description of learning; and
(3) Be prepared to validate, through submission of these records,
that attendance has taken place.
[]
PART 9
DUPLICATE CREDENTIALS OR WALL CERTIFICATES
NEW SECTION
WAC 246-12-290 How to obtain a duplicate credential or wall
certificate. Practitioners may obtain a duplicate credential or wall
certificate by providing a written request and paying a fee established
by the secretary.
[]
PART 10
PRACTITIONER NAME AND ADDRESS CHANGES
NEW SECTION
WAC 246-12-300 Name changes. It is the responsibility of each
practitioner to maintain his or her correct name on file with the
department. Requests for name changes must be submitted in writing along
with acceptable documentation. Acceptable documentation includes a copy
of a marriage certificate, divorce decree or court order of legal name
change.
[]
NEW SECTION
WAC 246-12-310 Address changes. It is the responsibility of each
practitioner to maintain his or her current address on file with the
department. Requests for address changes may be made either by telephone
or in writing. The mailing address on file with the department will be
used for mailing of all official matters to the practitioner. If charges
against a practitioner are mailed to the address on file with the
department and returned unclaimed or are unable to be delivered for any
reason, then the regulatory entity may proceed against the practitioner
by default under RCW 34.05.440.
[]
NEW SECTION
WAC 246-12-320 Other information. Refer to WAC 246-01-100 and 246-11-060 for more information on maintaining a current address with the
department.
[]
PART 11
FEES, PAYMENTS AND REFUNDS
NEW SECTION
WAC 246-12-330 General information. The costs of health care
professional credentialing programs must be fully supported by members
of that profession. The amount of all fees are established by the
secretary and set by rule. Fees can be found in rules pertaining to each
profession.
[]
NEW SECTION
WAC 246-12-340 Refund of fees. Fees submitted with applications
for initial credentialing, examinations, renewal, and other fees
associated with the licensing and regulation of the profession are
nonrefundable.
[]
NEW SECTION
WAC 246-12-350 Making payments. (1) Make checks or money orders payable to the department of health.
(2) Practitioners should include their credential number on the check, draft or money order.
(3) Applicants should include profession for which they are applying on the check, draft or money order.
(4) Send check, draft or money order to:
Department of Health
P.O. Box 1099
Olympia, Washington 98507-1099
[]
NEW SECTION
WAC 246-12-360 Other information. Refer to RCW 43.70.250,
43.70.320 and WAC 246-08-560 for more information relating to fees and
refunds.
[]
AMENDATORY SECTION (Amending WSR 96-14-070, filed 6/28/96, effective
7/1/96)
WAC 246-328-200 HIV/AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(2) Application for registration. Persons applying for registration
shall successfully complete the HIV/AIDS education requirements of
subsection (3) of this section.
(3) HIV/AIDS education and training requirements.
(a) The department shall accept education and training that is
consistent with the model curriculum available from the office on AIDS.
Such education and training shall be a minimum of seven clock hours and
shall include, but is not limited to, the following: Etiology and
epidemiology; testing and counseling; infection control guidelines;
clinical manifestations and treatment; legal and ethical issues to
include confidentiality; and psychosocial issues to include special
population considerations.
(b) The department shall accept the department of social and health
services fundamentals of caregiving training or modified fundamentals of
caregiving as meeting HIV/AIDS education requirements.
(4) Persons applying for registration shall attest to the department
that HIV/AIDS education and training is successfully completed. If the
person applying is a corporation, the corporation must verify and certify
that the resident manager has successfully completed the minimum
education and training.)) Applicants must complete seven clock hours of
AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: Chapter 18.48 RCW. 96-14-070, 246-328-200,
filed 6/28/96, effective 7/1/96.]
AMENDATORY SECTION (Amending WSR 96-14-070, filed 6/28/96, effective
7/1/96)
WAC 246-328-990 ((Fees for)) Adult family home provider or resident
manager fees and renewal cycle. ((The fees charged by the health
professions quality assurance division of the department of health are
listed below. The initial registration fee for an individual who is an
adult family home provider or resident manager shall include the first
month up to, but not including, the birth date month following initial
registration. The initial registration fee for a corporation that is an
adult family home provider shall include the first month up to July 1
following initial registration, the initial registration fee of $90.00
shall be prorated by the department of health at $7.50 per month.)) (1)
Registrations of an individual who is a provider or resident manager must
be renewed every year on the practitioner's birthday as provided in
chapter 246-12 WAC, Part 2.
(2) Registrations of a corporation that is a provider must be renewed every year on July 1 as provided in chapter 246-12 WAC, Part 3.
(3) The following nonrefundable fees will be charged:
Title of Fee Fee
Initial registration $90.00
Registration renewal 85.00
Late renewal penalty 50.00
Expired registration reissuance 50.00
Duplicate registration 15.00
Certification of registration 15.00
[Statutory Authority: Chapter 18.48 RCW. 96-14-070, 246-328-990,
filed 6/28/96, effective 7/1/96.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-328-100 Registration.
AMENDATORY SECTION (Amending Order 295B, filed 8/13/92, effective 9/13/92 WAC 246-802-025 Inactive status. (((1) A certified acupuncturist,
in good standing, who practices exclusively out-of-state or is on
sabbatical, may place his or her license on inactive status by submitting
to the department:
(a) A written request for inactive status; and
(b) The inactive renewal fee specified in WAC 246-802-990.
(2) An acupuncturist may request that an inactive license be made
active by submitting to the department:
(a) A written request to activate the inactive license;
(b) The renewal fee specified in WAC 246-802-990;
(c) An updated consultation plan.)) A practitioner may obtain an
inactive credential. Refer to the requirements of chapter 246-12 WAC,
Part 4.
[Statutory Authority: RCW 43.70.040. 92-17-035 (Order 295B), 246-802-025, filed 8/13/92, effective 9/13/92.]
AMENDATORY SECTION (Amending Order 295B, filed 8/13/92, effective 9/13/92 WAC 246-802-090 Examinations. (1) An examination shall be given twice yearly for qualified applicants.
(2) An applicant for certification as an acupuncturist shall pass the following examinations:
(a) National Commission for Certification of Acupuncturists (NCCA) written examination;
(b) NCCA point location examination; and
(c) NCCA-approved clean needle technique course.
(3) An applicant may take and pass the examinations in subsection (1) of this section in a language other than English if that applicant:
(a) Holds a degree or diploma or transfers from an institution in an English-speaking country; or
(b) Passes the test of English as a foreign language with a minimum score of 550.
(((4) Application fees are nonrefundable.))
[Statutory Authority: RCW 43.70.040. 92-17-035 (Order 295B), 246-802-090, filed 8/13/92, effective 9/13/92; 91-02-049 (Order 121), recodified
as 246-802-090, filed 12/27/90, effective 1/31/91. Statutory
Authority: RCW 18.06.160. 90-12-114 (Order 052), 308-180-210, filed
6/6/90, effective 7/7/90; 88-07-031 (Order PM 713), 308-180-210, filed
3/9/88; 87-06-050 (Order PM 641), 308-180-210, filed 3/4/87.]
AMENDATORY SECTION (Amending Order 295B, filed 8/13/92, effective 9/13/92 WAC 246-802-250 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(2) Application for licensure. Effective January 1, 1989, persons
applying for licensure shall submit, in addition to the other
requirements, evidence to show compliance with the education requirements
of subsection (3) of this section.
(3) AIDS education and training.
(a) Acceptable education and training. The secretary will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of seven clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(b) Implementation. Effective January 1, 1989, the requirement for
licensure, renewal, or reinstatement of any license on lapsed, inactive,
or disciplinary status shall include completion of AIDS education and
training. All persons affected by this section shall show evidence of
completion of an education and training program, which meets the
requirements of (a) of this subsection.
(c) Documentation. The applicant shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete seven clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 43.70.040. 92-17-035 (Order 295B), 246-802-250, filed 8/13/92, effective 9/13/92; 91-02-049 (Order 121), recodified
as 246-802-250, filed 12/27/90, effective 1/31/91. Statutory
Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-180-400,
filed 11/2/88.]
AMENDATORY SECTION (Amending WSR 95-01-038, filed 12/12/94, effective
1/1/95)
WAC 246-802-990 Acupuncture fees and renewal cycle. ((The
following fees shall be charged by the professional licensing division
of the department of health:))
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
License application ((nonrefundable)) $200.00
((Annual)) License renewal 240.00
Inactive license renewal 110.00
Late renewal penalty 100.00
Expired license reissuance 120.00
Expired inactive license reissuance 55.00
Duplicate license 15.00
Certification of license 25.00
Acupuncture training program application 500.00
[Statutory Authority: RCW 43.70.250, chapter 18.06 RCW. 95-01-038,
246-802-990, filed 12/12/94, effective 1/1/95. Statutory Authority: RCW
43.70.040 and 43.70.250. 92-17-035 (Order 295B), 246-802-990, filed
8/13/92, effective 9/13/92. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-802-990, filed 6/6/91, effective 7/7/91.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified
as 246-802-990, filed 12/27/90, effective 1/31/91. Statutory
Authority: RCW 43.70.250. 90-18-039 (Order 084), 308-180-260, filed
8/29/90, effective 9/29/90; 90-04-094 (Order 029), 308-180-260, filed
2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 88-15-030 (Order PM 735), 308-180-260, filed 7/13/88; 87-18-031 (Order PM
667), 308-180-260, filed 8/27/87.]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 246-802-020 License renewal registration date and fee.
AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective
9/6/96)
WAC 246-808-105 Chiropractic licensure--Initial eligibility and application requirements. To be eligible for Washington state chiropractic licensure, the applicant shall complete an application provided by the commission, and shall include written documentation to meet the eligibility criteria for such licensure.
(1) Eligibility. An applicant shall provide proof that they:
(a) Graduated from an accredited chiropractic college approved by the commission and show satisfactory evidence of completion of a resident course of study of at least four thousand classroom hours of instruction.
(b) Successfully completed National Board of Chiropractic Examiners test parts I and II.
(c) Completed not less than one-half the requirements for a baccalaureate degree at an accredited and approved college or university if the applicant matriculated after January 1, 1975. Applicants who matriculated prior to January 1, 1975, must show proof of high school graduation or its equivalent.
(2) Application procedure. Each applicant shall submit:
(a) Completed official application including two recent photos.
(b) The ((nonrefundable)) examination fee. ((Fees must be in U.S.
funds and made payable, by check or money order, to the department of
health.)) (Refer to WAC 246-808-990 for fee schedule.)
(c) Official transcripts from prechiropractic schools showing successful completion of at least two years of liberal arts and sciences study.
(d) An official transcript and diploma certified by the registrar, from an approved chiropractic college.
(e) An official certificate of proficiency sent directly to the commission from the National Board of Chiropractic Examiners, parts I and II.
(f) Verification of licensure status from all states where applicant has been issued a license to practice chiropractic. Verification is required whether license is active or inactive.
(g) ((Certification of completion of four hours of AIDS education
and training as further defined by WAC 246-808-106.)) Applicants must
complete four clock hours of AIDS education as required in chapter 246-12
WAC, Part 8.
[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-105,
filed 8/6/96, effective 9/6/96.]
AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective
9/6/96)
WAC 246-808-150 Commission approved continuing education. (1)
Licensed chiropractors ((shall be responsible for obtaining twenty-five
hours of commission approved continuing education each year with proof
(transcripts, certificates) to be submitted with annual renewal of their
license)) must complete twenty-five hours of continuing education as
required in chapter 246-12 WAC, Part 7.
(2) The commission approves the following subject material for continuing chiropractic education credit:
(a) Diagnosis and treatment of the spine or immediate articulations within the scope of practice;
(b) X-ray/diagnostic imaging;
(c) Adjustive technique;
(d) Detection of a subluxation;
(e) Physical examination;
(f) Hygiene;
(g) Symptomatology;
(h) Neurology;
(i) Spinal pathology;
(j) Spinal orthopedics;
(k) Patient/case management;
(l) Impairment within the scope of practice;
(m) CPR - once every three years;
(n) Dietary advice; and
(o) Chiropractic philosophy.
(3) Subject matter not approved for continuing education credit:
(a) Business management;
(b) Subject matter not directly relating to the chiropractic clinical scope of practice;
(c) Practice building; and
(d) Conduct prohibited by Washington state statutes or rules governing chiropractic practice.
(4) A formal video continuing education program that meets the requirements of this section is acceptable provided that the video viewing is accompanied by a moderator and/or a panel knowledgeable in the video contents to comment thereon and answer questions or conduct discussions.
(5) The individual or organization responsible for a continuing education presentation must provide documentation of attendance to the participants.
(6) ((Credit for hours of continuing education in a commission
approved continuing education program can be counted only once per year
toward the annual continuing education requirement regardless of the
number of times that program is attended.)) Licensed chiropractors
serving as teachers or lecturers in commission approved continuing
education programs receive credit on the same basis as the doctors
attending the program.
[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-150,
filed 8/6/96, effective 9/6/96.]
AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective
9/6/96)
WAC 246-808-155 Prior approval not required. (1) It shall be unnecessary for a chiropractor to inquire into the prior approval of any continuing chiropractic education. The commission shall accept any continuing chiropractic education that falls within these regulations and relies upon each individual chiropractor's integrity in complying with this requirement.
(2) Continuing chiropractic education program sponsors need not apply for, nor expect to receive, prior commission approval for a formal continuing chiropractic education program. The number of creditable hours may be determined by counting the contact hours of instruction and rounding to the nearest quarter hour. The commission relies upon the integrity of program sponsors to present continuing chiropractic education that constitutes a meritorious learning experience and complies with RCW 18.25.070.
(((3) The commission shall conduct a random compliance audit of
renewal applicants. If the commission determines that the applicant has
not obtained continuing chiropractic education that falls within the
subject matter defined in WAC 246-808-150 and the guidelines for
symposium approval in WAC 246-808-150, then the application for renewal
shall be denied.))
[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-155,
filed 8/6/96, effective 9/6/96.]
AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective
9/6/96)
WAC 246-808-165 Exemptions. In the event a licensee fails to meet
requirements because of illness or retirement (with no further provision
of chiropractic services to consumers) or failure to renew, or other
extenuating circumstances, each case shall be considered by the
commission on an individual basis. When circumstances justify it, the
commission may grant a time extension. In the case of permanent
retirement or illness, the commission may grant indefinite waiver of
continuing chiropractic education as a requirement for relicensure,
provided an affidavit is received indicating the chiropractor is not
providing chiropractic services to consumers. If such permanent illness
or retirement status is changed or consumer chiropractic services
resumed, it is incumbent upon the licensed chiropractor to immediately
notify the commission and meet continuing chiropractor education
requirements for relicensure. Continuing chiropractic education hours
shall be prorated for the portion of ((that three-year)) the period
involving resumption of such services.
[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-165,
filed 8/6/96, effective 9/6/96.]
AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective
9/6/96)
WAC 246-808-180 ((Lapsed and inactive)) Expired licenses--Requirements for reinstating ((or activating)) a license. (((1) A
licensee who allows their chiropractic license to lapse for more than
three years must pay all back renewal fees plus penalty fee and submit
proof of continuing education courses during the time the license was
lapsed. If the licensee cannot submit proof of continuing education
courses during the time the license was lapsed, reexamination of the
former licensee as provided in RCW 18.25.040 and 18.25.070(2) shall be
required.
(2) A licensee who has placed their chiropractic license on inactive
status and now requests to activate the license shall submit to the
commission, in writing, a request to activate their license from inactive
status. A licensee whose license has been inactive for more than three
years may be reexamined as provided for in RCW 18.25.040 at the
commission's discretion. The request to activate a license must include
the following:
(a) An applicable fee, per WAC 246-808-990;
(b) Updated chronology from date license was placed into inactive
status;
(c) Proof of four hours of AIDS education as defined in WAC 246-808-106;
(d) Documentation of any continuing education courses taken during
the time their license was inactive.)) (1) If the license has expired for
three years or less, the practitioner must meet the requirements of
chapter 246-12 WAC, Part 2.
(2) If the license has expired for more than three years and the practitioner can submit proof of continuing education, the practitioner must:
(a) Successfully complete the jurisprudence examination given by the department;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
(3) If the license has expired for more than three years and the practitioner cannot submit proof of continuing education courses during the time the license was expired, the practitioner must:
(a) Successfully pass the examination as provided in RCW 18.25.040 and 18.25.070(2);
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-180,
filed 8/6/96, effective 9/6/96.]
NEW SECTION
WAC 246-808-181 Inactive credential. (1) A chiropractor may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.
(2) To return to active status the practitioner must:
(a) Take and pass the jurisprudence examination given by the department; and
(b) Meet the requirements of chapter 246-12 WAC, Part 4.
[]
AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective
9/6/96)
WAC 246-808-215 Registration of chiropractic x-ray technicians. (1) Chiropractic doctors shall employ only commission registered technicians to operate x-ray equipment.
(2) Application. An x-ray technician may apply for registration by submitting to the commission:
(a) Proof of satisfactory completion of a course of classroom instruction of at least forty-eight hours which has been approved by the commission in accordance with subsection (4) of this section; and
(b) Verification of passing a proficiency examination in radiologic technology, which is approved by the commission. A passing grade shall be seventy-five percent or a standardized score approved by the commission. If the applicant fails the initial examination, the applicant may reapply to take the examination one additional time without additional classroom instruction. If the applicant fails a second examination, the applicant shall complete an additional sixteen hours of classroom instruction prior to reapplying for a third examination.
(3) Exceptions. An applicant who holds a current active registration, license, or certification from a national certifying agency or other governmental licensing agency whose standards for registration, licensure or certification are equal to or exceed the standards under these rules may register without examination.
(4) Course approval. An individual may request commission approval of a course of classroom instruction for x-ray technicians by submitting the following information to the commission no later than ninety days prior to the first day of instruction:
(a) An outline of the course of instruction, which shall include:
(i) Physics and equipment;
(ii) Principles of radiographic exposure;
(iii) Radiation protection;
(iv) Anatomy and physiology; and
(v) Radiographic positioning and procedures.
(b) Proficiency examination;
(c) Verification that the course instructor has on-campus or postgraduate faculty status in the field of radiology with a commission approved chiropractic college; and
(d) Any other information deemed necessary by the commission to make a determination.
(5) Continuing education. ((A)) Registered chiropractic x-ray
technicians ((shall submit an affidavit certifying the)) must demonstrate
completion of six hours of continuing education ((over the preceding year
when applying for annual renewal)) as provided in chapter 246-12 WAC,
Part 7.
(((a))) The commission approves continuing education of subject
matter listed in subsection (4) of this section. Prior approval of
continuing education programs is not required by the commission.
(((b) The commission shall conduct random audits. If the commission
determines that the applicant has not obtained continuing education that
falls within the subject matter defined in subsection (4), the commission
shall deny renewal of the registration.))
[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-215,
filed 8/6/96, effective 9/6/96.]
AMENDATORY SECTION (Amending WSR 96-16-074, filed 8/6/96, effective
9/6/96)
WAC 246-808-990 Chiropractic fees and renewal cycle. ((The
following fees shall be charged by the department of health:)) (1)
Licenses and registrations must be renewed on the practitioner's birthday
every year as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged for chiropractic license:
Title of Fee Fee
Application/full examination or reexamination $300.00
Original license 200.00
Temporary permit application 150.00
Temporary practice permit 50.00
Preceptorship 100.00
License renewal 300.00
Late renewal penalty 150.00
Expired license reissuance 150.00
Inactive license renewal 150.00
Expired inactive license reissuance 75.00
Duplicate license 15.00
Certification of license 25.00
(3) The following nonrefundable fees will be charged for
chiropractic x-ray technician registration:
((Chiropractic x-ray technician)) Application 25.00
((Chiropractic x-ray technician)) Original registration 25.00
Renewal 40.00
Late renewal penalty 25.00
Expired registration reissuance 40.00
Duplicate registration 15.00
Certification of registration 25.00
[Statutory Authority: Chapter 18.25 RCW. 96-16-074, 246-808-990,
filed 8/6/96, effective 9/6/96.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-808-106 AIDS prevention and information education requirements.
WAC 246-808-160 License renewal--Affidavit of compliance with continuing education requirements.
WAC 246-808-185 License renewal form.
AMENDATORY SECTION (Amending WSR 97-17-113, filed 8/20/97, effective
9/20/97)
WAC 246-810-080 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health in rule.
(b) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(2) Persons applying for registration or certification must submit,
in addition to the other requirements, evidence to show compliance with
the education requirements of subsection (3) of this section.
(3) AIDS education and training.
(a) Acceptable education and training. The director will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of four clock hours and shall include, but is not limited to:
Etiology and epidemiology; testing and counseling; infection control
guidelines; clinical manifestations and treatment; legal and ethical
issues to include confidentiality; and psychosocial issues to include
special population considerations.
(b) Documentation. The applicant must:
(i) Certify, on forms provided, that the minimum education and
training was completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the training;
(iii) Be prepared to validate, through submission of these records,
that attendance took place.)) Applicants must complete four clock hours
of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-080, filed
8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-080, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786),
308-190-200, filed 11/2/88.]
AMENDATORY SECTION (Amending WSR 97-17-113, filed 8/20/97, effective
9/20/97)
WAC 246-810-130 ((Canceled certification--Reapplication.)) Expired
credential. (1) If the certification has expired for three years or less
the individual must meet the requirements of chapter 246-12 WAC, Part 2.
(2) If a certification has been expired for more than three years
((or more, the certification is canceled. The certified counselor must
reapply with the department, pay any current fees, and)) the individual
may be required to meet all the requirements of a new applicant((. This
section does not apply to anyone in a temporary retirement status)) and
must meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-130, filed
8/20/97, effective 9/20/97.]
AMENDATORY SECTION (Amending WSR 97-17-113, filed 8/20/97, effective
9/20/97)
WAC 246-810-990 Fees and renewal cycle. ((The following fees shall
be charged by the health professions quality assurance division of the
department of health:)) (1) Certificates and registrations must be
renewed every year on the practitioner's birthday as provided in chapter
246-12 WAC, Part 2.
Title Fee
(2) The following nonrefundable fees will be charged
for registered counselor:
Application and registration $ 40.00
Renewal 37.00
Late renewal penalty 37.00
Expired registration reissuance 37.00
Duplicate registration 15.00
((Verification)) Certification of registration 15.00
(3) The following nonrefundable fees will be charged
for registered hypnotherapist:
Application and registration 95.00
Renewal 130.00
Late renewal penalty 65.00
Expired registration reissuance 65.00
Duplicate registration 15.00
((Verification)) Certification of registration 15.00
(4) The following nonrefundable fees will be charged
for certified marriage and family therapist:
Application 100.00
Initial certification 125.00
Examination administration 50.00
Renewal 200.00
Late renewal penalty 100.00
Expired certification reissuance 100.00
Duplicate certification 15.00
((Verification)) Certification of certificate 15.00
Wall certificate 15.00
(5) The following nonrefundable fees will be charged for
certified mental health counselor:
Application 75.00
Initial certification 60.00
Renewal 65.00
Late renewal penalty 50.00
Expired certification reissuance 50.00
Duplicate certification 15.00
((Verification)) Certification of certificate 15.00
Wall certificate 15.00
(6) The following nonrefundable fees will be charged
for certified social worker:
Application 50.00
Initial certification 50.00
Renewal 65.00
Late renewal penalty 50.00
Expired certification reissuance 50.00
Duplicate certification 15.00
((Verification)) Certification of certificate 15.00
Wall certificate 15.00
[Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-990, filed
8/20/97, effective 9/20/97. Statutory Authority: Chapter 18.19 RCW.
96-08-069, 246-810-990, filed 4/3/96, effective 5/4/96. Statutory
Authority: RCW 43.70.250. 93-14-011, 246-810-990, filed 6/24/93,
effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049
(Order 121), recodified as 246-810-990, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 43.70.250. 90-18-039 (Order 084),
308-190-010, filed 8/29/90, effective 9/29/90; 90-04-094 (Order 029),
308-190-010, filed 2/7/90, effective 3/10/90. Statutory Authority:
RCW 43.24.086. 87-18-033 (Order PM 669), 308-190-010, filed 8/27/87.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-810-020 Expiration of registration or certification.
WAC 246-810-022 Current address.
WAC 246-810-140 Temporary retirement.
AMENDATORY SECTION (Amending WSR 95-22-062, filed 10/30/95, effective
11/30/95)
WAC 246-812-120 Denturist licensure--Initial eligibility and application requirements. To be eligible for Washington state denturist licensure, the applicant shall complete an application and shall include written documentation to meet eligibility criteria. Each applicant shall provide:
(1) A signed, notarized application and required fee. ((Fees are
set by the secretary and are nonrefundable. Fees must be in United
States funds and made payable by check or money order, to the department
of health.)) (Refer to WAC 246-812-990 for fee schedule.)
(2) Proof that they meet the basic eligibility requirements identified in RCW 18.30.090, documented by the signed, notarized affidavit processed as part of the application.
(3) ((Proof of seven hours of AIDS education and training as further
defined by WAC 246-812-130.)) Applicants must complete seven clock hours
of AIDS education as required in chapter 246-12 WAC, Part 8.
(4) Photograph. A recent photograph, signed and dated, shall be
attached to the application.
[Statutory Authority: RCW 18.30.070(3). 95-22-062, 246-812-120, filed
10/30/95, effective 11/30/95.]
AMENDATORY SECTION (Amending WSR 95-22-062, filed 10/30/95, effective
11/30/95)
WAC 246-812-160 ((Lapsed and inactive licenses--Requirements for
reinstating or activating a)) Expired license. (((1) A licensee who
allows their denturist license to lapse for more than three years must
pay a penalty fee per WAC 246-812-990.
(2) A licensee whose license has been inactive for more than three
years may be reexamined as provided for in RCW 18.25.040 at the
secretary's discretion.
(3) A licensee who has placed their denturist license on inactive
status and later requests to activate the license shall submit to the
secretary, in writing, a request to activate their license from inactive
status. The request to activate a license must include the following:
(a) An applicable fee, per WAC 246-812-990.
(b) Updated chronology from date license was placed into inactive
status.
(c) Proof of four hours of AIDS education refresher training.)) (1)
If the license has expired for three years or less, the practitioner must
meet the requirements of chapter 246-12 WAC, Part 2.
(2) If the license has expired for more than three years, the practitioner must:
(a) Successfully pass the examination as provided in RCW 18.25.040;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: RCW 18.30.070(3). 95-22-062, 246-812-160, filed
10/30/95, effective 11/30/95.]
NEW SECTION
WAC 246-812-161 Inactive credential. A practitioner may obtain an
inactive credential. Refer to the requirements of chapter 246-12 WAC,
Part 4.
[]
AMENDATORY SECTION (Amending WSR 95-22-062, filed 10/30/95, effective
11/30/95)
WAC 246-812-990 Denturist fees and renewal cycle. ((The following
fees shall be charged by the department of health and are
nonrefundable:))
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
Application (((includes the initial license
which expires the following June 30) $ 1,000))
$ 1,000.00
Examination ((1,500))
1,500.00
Reexamination, written ((500))
500.00
Reexamination, practical ((500))
500.00
License renewal ((2,750))
2,750.00
Late renewal penalty ((300))
300.00
Expired license reissuance 300.00
Inactive license renewal ((1,500))
1,500.00
Expired inactive license reissuance 300.00
Duplicate license ((15))
15.00
Certification of license ((25))
25.00
Multiple location licenses ((50))
50.00
[Statutory Authority: RCW 18.30.070(3). 95-22-062, 246-812-990, filed
10/30/95, effective 11/30/95.]
NEW SECTION
WAC 246-812-995 Conversion to a birthday renewal cycle. (1) The biennial license renewal date is changed to coincide with the practitioner's birthday.
(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.
(3) After the initial conversion to a staggered system,
practitioners will renew their license every other year on their birthday
at the current renewal rate.
[]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 246-812-140 Application for licensure--AIDS education
requirements.
AMENDATORY SECTION (Amending WSR 95-16-102, filed 8/1/95, effective
9/1/95)
WAC 246-815-020 Dental hygiene examination eligibility. (1) To be eligible to take the Washington dental hygiene examination, the applicant must meet the following requirements:
(a) The applicant must have successfully completed a dental hygiene education program approved by the secretary of the department of health pursuant to WAC 246-815-030.
(b) ((The applicant must have completed the AIDS prevention and
information education required by WAC 246-815-040.)) Applicants must
complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.
(c) The applicant must demonstrate knowledge of Washington law pertaining to the practice of dental hygiene.
(d) The applicant must complete the required application materials
and pay the required ((nonrefundable)) fee.
(2) Applications for the dental hygiene examination are available from the department of health dental hygiene program. The completed application must be received by the department of health sixty days prior to the examination. The application must include:
(a) The required ((nonrefundable)) examination fee.
(b) Either the national board IBM card reflecting a passing score or a notarized copy of the national board certificate.
(c) Two photographs of the applicant taken within one year preceding the application.
(3) An official transcript or certificate of completion constitutes
proof of successful completion from an approved dental hygiene education
program. Applicants who will successfully complete the dental hygiene
education program within forty-five days preceding the examination for
which they are applying may provide documentation of successful
completion by inclusion of their names on a verified list of students
successfully completing the program from the dean or director of the
education program. No other proof of successful completion is
acceptable. An applicant may complete the application and be scheduled
for the examination, but will not be admitted to the examination if the
department of health has not received the required proof of successful
completion.
[Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). 95-16-102, 246-815-020, filed 8/1/95, effective 9/1/95. Statutory Authority:
RCW 18.29.130. 92-02-018 (Order 224), 246-815-020, filed 12/23/91,
effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049
(Order 121), recodified as 246-815-020, filed 12/27/90, effective
1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021,
[18.29.]045 and [18.29.]130. 90-23-011 (Order 098), 308-25-011, filed
11/13/90, effective 12/14/90.]
AMENDATORY SECTION (Amending WSR 95-16-102, filed 8/1/95, effective
9/1/95)
WAC 246-815-100 Licensure by interstate endorsement of credentials. A license to practice as a dental hygienist in Washington may be issued pursuant to RCW 18.29.045 provided the applicant meets the following requirements:
(1) The applicant has successfully completed a dental hygiene education program which is approved by the secretary of the department of health pursuant to WAC 246-815-030.
(2) The applicant has been issued a valid, current, nonlimited license by successful completion of a dental hygiene examination in another state. The other state's current licensing standards must be substantively equivalent to the licensing standards in the state of Washington. The other state's examination must have included the following portions and minimum level of competency standards.
(a) Written tests - the written tests include:
(i) The National Board of Dental Hygiene examination.
(ii) A state written test covering the current dental hygiene subjects that are tested for Washington state.
(b) Practical tests - all portions shall be graded anonymously by calibrated practicing dental hygienists or dental hygienists and dentists. The calibration process shall consist of training sessions which include components to evaluate and confirm each examiners ability to uniformly detect known errors on pregraded patients and/or dentoforms. Examiners will be calibrated to the established standard of minimum level of competency. The examination must have equivalent patient selection criteria for the patient evaluation, prophylaxis and anesthesia portions. The current Washington state patient selection criteria for examination will be used as the basis of comparison at the time of application for licensure by interstate endorsement of credentials. The practical tests include:
(i) Patient evaluation clinical competency test which includes what is currently tested for the Washington state dental hygiene examination.
(ii) Prophylaxis clinical competency test which includes what is currently tested for the Washington state dental hygiene examination.
(iii) Anesthesia clinical competency test which includes what is currently tested for the Washington state dental hygiene examination.
(iv) Restorative test which includes what is currently tested for the Washington state dental hygiene examination.
(3) The applicant holds a valid current license, and has been currently engaged in clinical practice at any time within the previous year as a dental hygienist in another state or in the discharge of official duties in the United States Armed Services, Coast Guard, Public Health Services, Veterans' Bureau, or Bureau of Indian Affairs. Verification of licensure must be obtained from the state of licensure, and any fees for verification required by the state of licensure must be paid by the applicant.
(4) The applicant has not engaged in unprofessional conduct as defined in the Uniform Disciplinary Act in RCW 18.130.180 or is not an impaired practitioner under RCW 18.130.170 in the Uniform Disciplinary Act.
(5) ((The applicant has completed the AIDS prevention and
information education required by WAC 246-815-040.)) Applicants must
complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.
(6) The applicant demonstrates to the secretary knowledge of Washington law pertaining to the practice of dental hygiene.
(7) The applicant completes the required application materials and
pays the required ((nonrefundable)) application fee. Applications for
licensure by interstate endorsement are available from the department of
health dental hygiene program.
(8) If the secretary of the department of health finds that the
other state's licensing standards are substantively equivalent except for
a portion(s) of the examination, the applicant may take that portion(s)
to qualify for interstate endorsement. That portion(s) of the exam must
be successfully completed to qualify for interstate endorsement and an
additional ((nonrefundable)) examination fee as well as the licensure by
interstate endorsement ((nonrefundable)) fee shall be required.
[Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). 95-16-102, 246-815-100, filed 8/1/95, effective 9/1/95. Statutory Authority:
RCW 18.29.045. 93-06-042A (Order 332), 246-815-100, filed 2/24/93,
effective 3/27/93. Statutory Authority: RCW 18.29.130. 92-02-018
(Order 224), 246-815-100, filed 12/23/91, effective 1/23/92. Statutory
Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-815-100, filed 12/27/90, effective 1/31/91. Statutory Authority:
Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. 90-23-011
(Order 098), 308-25-041, filed 11/13/90, effective 12/14/90.]
AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-815-140 Continuing education for dental hygienists. (1) Purposes. The secretary of the department of health in consultation with the dental hygiene examining committee has determined that the public health, safety and welfare will be served by requiring all holders of dental hygiene licenses granted under chapter 18.29 RCW to continue their education after receiving such licenses.
(2) ((Implementation. Notification of the continuing education
requirements will be provided to licensees with renewal notices beginning
January 1, 1991. Effective January 1, 1992, renewal of any current
license or reinstatement of any license on lapsed or disciplinary status
shall require evidence of completion of continuing education which meets
the requirements of subsection[s] (3) & (4).
(3))) Requirements. ((All)) Licensed dental ((hygiene licensees
shall acquire)) hygienists must complete 15 clock hours of continuing
education((, which shall include)) as required in chapter 246-12 WAC,
Part 7. A ((nonexpired)) current CPR card((, in each year prior to their
license renewal date)) must be maintained as part of this requirement.
((One clock hour is defined as sixty minutes.
(4))) (3) Acceptable continuing education. Continuing education
must be dental related education for professional development as a dental
hygienist. The 15 clock hours shall be obtained through continuing
education courses, correspondence courses, college credit courses, dental
hygiene examination standardization/calibration workshops and dental
hygiene examination item writer workshops.
(((5) Documentation. The licensee shall:
(a) Certify on forms provided, that the minimum continuing education
has been completed in the year prior to their renewal date.
(b) Keep records for two years documenting attendance or completion
and description of the information addressed in the course.
(c) Be prepared to validate, through submission of the records in
(5)(b), attendance or completion of the requisite number of clock hours.
(6) The department of health may conduct random compliance audits
of continuing education records. If the department determines that the
licensee has not obtained continuing education as defined in (3) and (4)
above, then the license renewal or reinstatement may be denied pursuant
to RCW 18.130.180.))
[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified
as 246-815-140, filed 12/27/90, effective 1/31/91. Statutory
Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and
[18.29.]130. 90-23-011 (Order 098), 308-25-180, filed 11/13/90,
effective 12/14/90.]
AMENDATORY SECTION (Amending WSR 95-16-102, filed 8/1/95, effective
9/1/95)
WAC 246-815-990 Dental hygiene fees and renewal cycle. ((The following nonrefundable fees shall be charged:)) (1) Licenses must be
renewed every year on the practitioner's birthday as provided in chapter
246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
Application examination and reexamination $100.00
Renewal 60.00
Late renewal penalty 50.00
Expired license reissuance 50.00
Credentialing application 300.00
Temporary license application 115.00
Duplicate license 15.00
Certification of license 25.00
Education program evaluation 200.00
((All fees shall be payable, in U.S. funds, by check or money order to
"Washington state treasurer" or "department of health."))
[Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). 95-16-102, 246-815-990, filed 8/1/95, effective 9/1/95. Statutory Authority:
RCW 43.70.250. 94-02-059, 246-815-990, filed 1/3/94, effective 3/1/94.
Statutory Authority: RCW 43.70.250 and 1993 c 323. 93-16-073, 246-815-990, filed 8/2/93, effective 9/2/93. Statutory Authority: RCW
43.70.250. 91-13-002 (Order 173), 246-815-990, filed 6/6/91, effective
7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121),
recodified as 246-815-990, filed 12/27/90, effective 1/31/91.
Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-25-065, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW
43.24.086. 87-10-028 (Order PM 650), 308-25-065, filed 5/1/87.
Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-25-065, filed 8/10/83. Formerly WAC 308-25-060.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-815-040 AIDS prevention and information education requirements.
WAC 246-815-150 Renewal of licenses.
WAC 246-815-300 Reinstatement of a dental hygiene expired
license.
AMENDATORY SECTION (Amending WSR 95-21-041, filed 10/10/95, effective
11/10/95)
WAC 246-817-110 Dental licensure--Initial eligibility and application requirements. To be eligible for Washington state dental licensure, the applicant shall complete an application provided by the dental HPQAD of the department of health, and shall include written documentation to meet the eligibility criteria for the license for which he/she is applying. Each applicant shall provide:
(1) Completed application and fee. The applicant shall submit a
signed, notarized application and required fee. ((Fees are set by the
secretary of health and are nonrefundable. Fees must be in U.S. funds
and made payable by check or money order, to the department of health.))
(Refer to WAC 246-817-990 for fee schedule.)
(2) Proof of graduation from a dental school approved by the DQAC. The DQAC adopts those standards of the American Dental Association's Commission on Accreditation which were relevant to accreditation of dental schools and current in May 1993 and has approved all and only those dental schools which were accredited by the commission as of May 1993. Other dental schools which apply for DQAC approval and which meet these adopted standards to the DQAC's satisfaction may be approved, but it is the responsibility of a school to apply for approval and of a student to ascertain whether or not a school has been approved.
(3) Certification of successful completion of the National Board Dental Examination Parts I and II. An original scorecard or a certified copy of the scorecard shall be accepted.
(4) Proof of graduation from an approved dental school. The only acceptable proof is an official, posted transcript sent directly from such school, or in the case of recent graduates, a verified list of graduating students submitted directly from the dean of the dental school. Graduates of nonaccredited dental schools must also meet the requirements outlined in WAC 246-817-160.
(5) A complete listing of professional education and experience including college or university (predental), and a complete chronology of practice history from the date of dental school graduation to present, whether or not engaged in activities related to dentistry.
(6) ((Proof of seven hours of AIDS education and training as further
defined by WAC 246-817-201.)) Applicants must complete seven clock hours
of AIDS education as required in chapter 246-12 WAC, Part 8.
(7) Certification of malpractice insurance if available, including dates of coverage and any claims history.
(8) Written certification of any licenses held, submitted directly from another licensing entity, and including license number, issue date, expiration date and whether applicant has been the subject of final or pending disciplinary action.
(9) Proof of successful completion of an approved practical/clinical examination and a written jurisprudence examination or any other examination approved by and administered under the direction of the DQAC.
(10) Photograph. A recent photograph, signed and dated, shall be attached to the application.
(11) Inquiries from other sources may be conducted as determined by the DQAC, including but not limited to the national practitioner data bank and drug enforcement agency. Applicants are responsible for any fees incurred in obtaining verification of requirements.
(12) Additional requirements for each license type as further
defined.
[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-110, filed
10/10/95, effective 11/10/95.]
AMENDATORY SECTION (Amending WSR 95-21-041, filed 10/10/95, effective
11/10/95)
WAC 246-817-150 Licenses--Persons licensed or qualified out-of-state who are faculty at school of dentistry--Conditions. (1) The department shall provide an application for faculty licensure upon receipt of a written request from the dean of the University of Washington, School of Dentistry.
(2) Applicants for faculty licensure shall submit a signed, notarized application, including applicable fees, and other documentation as required by the DQAC.
(3) The dean of the University of Washington, School of Dentistry, or his designee, shall notify the department of health of any changes in employment status of any person holding a faculty license.
(4) ((Faculty license renewal shall occur on an annual basis, on or
before July 1. Courtesy notices shall be sent to the last address on
record, prior to the renewal date.
(5))) Clinics situated away from the School of Dentistry on the
University of Washington campus, must be recommended by the dean in
writing and approved by the DQAC. The recommendation must list the
rationale for including each location as a University of Washington
School of Dentistry facility.
[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-150, filed
10/10/95, effective 11/10/95.]
AMENDATORY SECTION (Amending WSR 95-21-041, filed 10/10/95, effective
11/10/95)
WAC 246-817-210 ((Renewal of)) Expired license((s)). ((Under the
annual birth date license renewal system, a late payment penalty
provision shall be applied as follows:
(1) Before the expiration date of the individual's license, as a
courtesy, a notice for renewal of license shall be mailed to the last
address on file to every person holding a current license. The licensee
must return the notice along with current renewal fees prior to the
expiration of said license. Should the licensee fail to renew his/her
license prior to the expiration date then the individual is subject to
the statutory penalty fee.
(2) If the licensee fails to renew his/her license within three
years from expiration date thereof, such individual must apply for
licensing under the statutory conditions then in force.)) (1) If the
license has expired for three years or less, the practitioner must meet
the requirements of chapter 246-12 WAC, Part 2.
(2) If the license has expired for over three years, the practitioner must:
(a) Comply with the current statutory conditions;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-210, filed
10/10/95, effective 11/10/95.]
AMENDATORY SECTION (Amending WSR 95-16-122, filed 8/2/95, effective
9/1/95)
WAC 246-817-990 Dentist fees and renewal cycle. ((The following
fees shall be charged by the department of health:)) (1) Licenses must
be renewed every year on the practitioner's birthday as provided in
chapter 246-12 WAC, Part 2, except faculty licenses.
(2) Faculty licenses must be renewed every year on July 1 as provided in chapter 246-12 WAC, Part 2.
(3) The following nonrefundable fees will be charged:
Title of Fee Fee
Original application by examination*
Initial application $ 325.00
Original application - Without examination
Initial application 350.00
Initial license 350.00
Faculty license application 325.00
Resident license application 60.00
License renewal:
((Annual birthdate)) Renewal 215.00
Surcharge - impaired dentist 5.00
Late renewal penalty 110.00
Expired license reissuance 110.00
((Original application - License without examination
Initial application 350.00
Initial license 350.00))
Duplicate license 15.00
Certification of license 25.00
Anesthesia permit
Initial application 50.00
Renewal - (three-year renewal cycle) 50.00
Late renewal penalty 50.00
Expired permit reissuance 50.00
On-site inspection fee To be determined by
future rule adoption.
* In addition to the initial application fee above, applicants for licensure via examination will be required to submit a separate application and examination fee directly to the
dental testing agency accepted by the dental quality assurance commission.
((All fees shall be made payable by check or money order, in U.S. funds,
to the "department of health."
All application and renewal fees are nonrefundable.
New fees shall become effective September 1, 1995.))
[Statutory Authority: RCW 43.70.040. 95-16-122, 246-817-990, filed
8/2/95, effective 9/1/95. ]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 246-817-201 Application for licensure--AIDS education
requirements.
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-822-120 Application requirements. (1) Individuals applying for certification as a certified dietitian must submit:
(a) A completed application form with fee;
(b) ((Verification of AIDS education and training as set forth in
WAC 246-822-110; and)) Complete four clock hours of AIDS education as
required in chapter 246-12 WAC, Part 8; and
(c) Verification of current registration status with the commission on dietetic registration.
(2) Individuals applying for certification as a certified dietitian who have not passed the required written examination or who are not registered with the commission on dietetic registration must:
(a) Provide transcripts forwarded directly from the issuing college or university showing completion of a baccalaureate degree or higher in a major course of study in human nutrition, foods and nutrition, dietetics, or food management;
(b) Provide evidence of completion of a continuous preprofessional experience or coordinated undergraduate program in dietetics under the supervision of a qualified supervisor;
(c) Take and pass the required written examination; and
(d) ((Provide verification of AIDS education and training as set
forth in WAC 246-822-110.)) Complete four clock hours of AIDS education
as required in chapter 246-12 WAC, Part 8.
(3) Individuals applying for certification as a certified nutritionist must submit:
(a) A completed application form with fee; and
(b) Documentation that the applicant meets the application requirements for certified dietitians, as set forth in subsection (1) or (2) of this section; or
(c) Transcripts forwarded directly from the issuing college or university showing completion of a masters or doctorate degree in one of the following subject areas: Human nutrition, nutrition education, foods and nutrition, or public health nutrition; and
(d) ((Verification of AIDS education and training as set forth in
WAC 246-822-110.)) Complete four clock hours of AIDS education as
required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.138.070, 18.130.050 and 18.130.070. 92-02-018 (Order 224), 246-822-120, filed 12/23/91, effective 1/23/92.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified
as 246-822-120, filed 12/27/90, effective 1/31/91. Statutory
Authority: RCW 18.138.070. 89-17-071, 308-177-120, filed 8/16/89,
effective 9/16/89; 89-03-035 (Order PM 814), 308-177-120, filed
1/11/89.]
AMENDATORY SECTION (Amending Order 173, filed 6/6/91, effective 7/7/91)
WAC 246-822-990 Dietitian and nutritionist fees and renewal cycle.
((The following fees shall be charged by the professional licensing
division of the department of health:)) (1) Certificates must be renewed
every year on the practitioner's birthday as provided in chapter 246-12
WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title Fee
Application $100.00
Renewal 80.00
Late renewal penalty 25.00
Expired certificate reissuance 50.00
Duplicate certificate 15.00
Certification of certificate 25.00
((Duplicate 15.00))
[Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-822-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW
43.70.040. 91-02-049 (Order 121), recodified as 246-822-990, filed
12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-177-110, filed 2/7/90, effective 3/10/90.
Statutory Authority: RCW 18.138.070. 89-17-071, 308-177-110, filed
8/16/89, effective 9/16/89; 89-03-035 (Order PM 814), 308-177-110,
filed 1/11/89.]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 246-822-110 AIDS prevention and information education
requirements.
AMENDATORY SECTION (Amending Order 155, filed 4/10/91, effective 5/11/91)
WAC 246-824-020 Registration of apprentices. (1) Registration of an apprentice shall be requested by the physician, optometrist or dispensing optician who intends to provide the training for and direct supervision of the apprentice's work, on a form provided by the secretary.
(2) Separate registrations shall be required if an individual receives his or her apprenticeship training from more than one licensee.
(3) In determining whether or not an individual has completed his or her apprenticeship, within the minimum of three years or the maximum of six years, only the apprenticeship training received subsequent to the date that the apprentice was formally registered with the secretary will be considered: Provided, That an individual who has been registered in an apprentice-type program by an agency of the state of Washington, which program has been approved by the secretary, and who has been trained and directly supervised by a licensed physician, optometrist, or dispensing optician while in such program, may have all such training considered toward fulfillment of his or her apprenticeship, whether such training occurred before or after his or her formal registration with the secretary: Provided, further, That this exemption is not to be construed or applied in any manner which would except any person from any provision of RCW 18.34.030: Provided, further, That before such training may be considered toward fulfillment of an apprenticeship, formal registration of the individual must be requested by the physician, optometrist, or dispensing optician who has trained and supervised the individual, in retrospective accordance with subsections (1), (2) and (4) of this section, on a form provided by the secretary.
(4) The licensee initially requesting the registration of an apprentice shall notify the secretary whenever he or she terminates the apprenticeship training, unless such termination is concluded by reason of the apprentice becoming licensed as a dispensing optician.
(((5) After registration, the apprentice shall notify the secretary,
in writing and within thirty days, of any name or address change.))
[Statutory Authority: RCW 43.17.060 and 18.130.070. 91-09-024 (Order
155), 246-824-020, filed 4/10/91, effective 5/11/91. Statutory
Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-824-020, filed 12/27/90, effective 1/31/91; Order PL 241, 308-26-010,
filed 2/26/76; Order PL-106, 308-26-010, filed 2/2/71.]
AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective
7/25/93)
WAC 246-824-040 Application for examination. (1) An individual shall make application for examination, in accordance with RCW 18.34.070, on an application form prepared and provided by the secretary.
(2) The apprenticeship training requirement shall be supported with certification by the licensed individual (or individuals) who provided such training.
(3) ((Examination fees are not refundable.)) If an applicant is
unable to attend his or her scheduled examination, and so notifies the
secretary in writing at least 7 days prior to the scheduled examination
date, the applicant will be rescheduled at no additional charge.
Otherwise, the fee will be forfeited. (Emergencies considered.)
(4) If an applicant takes the examination and fails to obtain a satisfactory grade, he or she may be scheduled to retake the examination by submitting an application and paying the statutory examination fee.
(5) Applications and fees for examination and all documents required in support of the application must be submitted to the division of professional licensing, department of health, at least sixty days prior to the scheduled examination. Failure to meet the deadline will result in the applicant not being scheduled until the next scheduled examination.
(6) Apprenticeship training shall be completed prior to the
application deadline.
[Statutory Authority: RCW 43.70.250. 93-14-011, 246-824-040, filed
6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040 and
chapter 18.34 RCW. 92-02-018 (Order 224), 246-824-040, filed 12/23/91,
effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049
(Order 121), recodified as 246-824-040, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 18.34.040 and 18.34.080. 84-08-019
(Order PL 464), 308-26-015, filed 3/27/84; Order PL-106, 308-26-015,
filed 2/2/71.]
AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective
7/25/93)
WAC 246-824-071 Licensure by endorsement--Definitions. (1) For the
purpose of licensure by endorsement the following definitions ((shall))
will apply:
(a) "Credential in another state" means the applicant holds a current valid license to practice as a dispensing optician in another state.
(b) "Substantially equivalent" means the applicant has successfully completed an examination administered by or authorized by either a national professional association or a state other than Washington state. The examination shall cover the same subject matter as the Washington state examination. The licensing law under which the applicant is licensed shall, at a minimum, include the duties described in RCW 18.34.060.
(2) The department ((shall)) will issue a license by endorsement
unless there is a basis for denial of the license or issuance of a
license conditioned on the applicant's compliance with an order entered
pursuant to RCW 18.130.160. A person applying for a license by
endorsement ((shall)) must submit to the department:
(a) A completed application on a form provided by the department;
(b) An application fee, and if the application is approved, an original license fee;
(c) Evidence satisfactory to the department that the education and examination requirements of the other state are substantially equivalent to that of Washington;
(d) A completed open-book state law examination provided by the department;
(e) ((Proof of compliance with the AIDS prevention and information
education requirements as listed in WAC 246-824-170.)) Applicants must
complete four clock hours of AIDS education as required in chapter 246-12
WAC, Part 8.
(3) Written documentation shall be submitted directly from all states in which the applicant is or has been licensed, verifying the applicant is in good standing and not subject to charges or disciplinary action for unprofessional conduct or impairment.
(4) If licensure by endorsement is denied, and the applicant is otherwise qualified for the licensing examination, he or she may apply for licensure by examination in accordance with RCW 18.34.070 and WAC 246-824-040.
(5) Endorsement application fees ((are nonrefundable, but)) may be
applied towards the examination fee if licensure by endorsement is
denied.
(((6) A license issued by endorsement is subject to annual renewal,
penalty for late renewal as established in RCW 18.34.120 and WAC 246-824-990, and continuing education as provided for in WAC 246-824-075.))
[Statutory Authority: RCW 43.70.250. 93-14-011, 246-824-071, filed
6/24/93, effective 7/25/93.]
AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective
7/25/93)
WAC 246-824-073 Retired active ((license)) credential. (((1) A
person holding a current Washington state dispensing optician license who
wishes to practice only in emergency or intermittent circumstances may
apply for a retired active license if that person:
(a) Practices no more than ninety days each year in Washington
state;
(b) Does not wish to practice on an intermittent basis but is
available to practice for an extended period of time for the purpose of
providing his or her professional services in emergency circumstances
such as times of declared war or other states of emergency.
(2) An individual requesting a retired active license status shall
submit a letter to the department declaring the intent to practice only
on an intermittent or emergency basis, along with the active retired
renewal fee specified in WAC 246-824-990. Active retired licenses will
not be retroactively issued for prior years.
(3) An active retired license is subject to annual renewal and
penalty for late renewal as established in RCW 18.34.120 and WAC 246-824-990. Subsequent to being issued a retired active license, the licensee
shall report, with the annual renewal the dates and circumstances under
which the licensee practiced during the previous year.
(4) An active retired license is subject to continuing education as
established in WAC 246-824-075.
(5) To reinstate the license to an active license status the
licensee shall notify the department in writing five days in advance of
the change and pay a reinstatement fee as specified in WAC 246-824-990.
(6) Individuals on a retired active license status are subject to
chapter 18.130 RCW to the same extent as individuals holding an active
license.)) A practitioner may obtain a retired active credential. Refer
to the requirements of chapter 246-12 WAC, Part 5.
[Statutory Authority: RCW 43.70.250. 93-14-011, 246-824-073, filed
6/24/93, effective 7/25/93.]
NEW SECTION
WAC 246-824-074 Inactive credential. A practitioner may obtain an
inactive credential. Refer to the requirements of chapter 246-12 WAC,
Part 4.
[]
AMENDATORY SECTION (Amending Order 155, filed 4/10/91, effective 5/11/91)
WAC 246-824-075 Continuing education requirements for dispensing opticians. Purpose and scope. The purpose of these requirements is to ensure the continued high quality of services provided by the licensed dispensing optician. Continuing education consists of educational activities designed to review existing concepts and techniques and conveys information and knowledge about advances in the field of opticianry, so as to keep the licensed dispensing opticians abreast of current and forecasted developments in a rapidly changing field.
(1) Basic requirements. ((As a prerequisite for license renewal,
licensed dispensing opticians are required to have thirty hours of
continuing education every three years. The credit hours will be
measured as follows: Any single session covering not less than two hours
and forty minutes will be assigned three credits; any single session
covering not less than one hour and forty minutes will be assigned two
credits; any single session covering not less than fifty minutes will be
assigned one credit.)) Licensed dispensing opticians must complete thirty
hours of continuing education every three years as required in chapter
246-12 WAC, Part 7.
(2) Fifteen of the credit hours ((shall)) must relate to contact
lenses.
((Continuing education credit hours in excess of the required hours
earned in any renewal period may not be carried forward to a subsequent
renewal period.
(2) Effective date of requirement. The effective date of the
continuing education requirement will be upon the 1994 license renewal
date or three years after initial licensure in Washington state,
whichever is later.))
(3) Qualification of program for continuing education credit. Courses offered by the organizations and methods listed in this section will be presumed to qualify as continuing education courses. The secretary reserves the authority to refuse to accept credits in any course if the secretary determines that the course did not provide information sufficient in amount or relevancy to opticianry. Qualifying organizations and methods for the purposes of this section shall include in-class training, correspondence courses, video and/or audio tapes offered by any of the following:
(a) American board of opticianry;
(b) National academy of opticianry;
(c) Optical laboratories association;
(d) National contact lens examiners;
(e) Pacific coast contact lens society;
(f) Contact lens society of America;
(g) Opticians association of Washington;
(h) Opticianry colleges or universities approved by the secretary;
(i) Speakers sponsored by any of the above organizations;
(j) Any state or national opticianry association; and
(k) Additional qualifying organizations or associations as approved by the secretary.
(((4) Certification of compliance. Each licensee shall certify, on
forms provided by the department, that the minimum continuing education
and training requirements have been met. Each licensee shall be
responsible for retaining copies of all records, certificates, or other
evidence of continuing education course completion. In said
documentation the licensee shall:
(a) Keep records documenting attendance course title and course
content.
(b) Be prepared to validate, through submission of these records,
that attendance has taken place.
The department may, at its discretion, require any licensee to
submit, in addition to the sworn certification, proof of completion of
continuing education requirements. Failure to comply with the continuing
education requirements will be cause for a license to lapse. Any
licensee whose license has lapsed shall pay a late penalty fee as
established by rule for each year the license has lapsed and submit
evidence of continuing education requirement compliance. Any licensee
whose license has lapsed for a period of two years or more may reinstate
his or her license by paying an examination fee and successfully passing
the examination provided in RCW 18.34.070.))
[Statutory Authority: RCW 43.17.060 and 18.130.070. 91-09-024 (Order
155), 246-824-075, filed 4/10/91, effective 5/11/91.]
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-824-170 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(2) Application for licensure. Persons applying for licensure shall
submit, in addition to the other requirements, evidence to show
compliance with the education requirements of subsection (3) of this
section.
(3) AIDS education and training.
(a) Acceptable education and training. The secretary will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of four clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; infection control guidelines;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(b) Effective January 1, 1989, the requirement for licensure,
renewal, or reinstatement of any license on lapsed, inactive, or
disciplinary status shall include completion of AIDS education and
training. All persons affected by this section shall show evidence of
completion of an education and training program, which meets the
requirements of (a) of this subsection.
(c) Documentation. The applicant shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete four clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 43.70.040, 70.24.270 and chapter 18.34 RCW.
92-02-018 (Order 224), 246-824-170, filed 12/23/91, effective 1/23/92.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified
as 246-824-170, filed 12/27/90, effective 1/31/91. Statutory
Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-26-200, filed
11/2/88.]
AMENDATORY SECTION (Amending WSR 94-08-078, filed 4/5/94, effective
5/6/94)
WAC 246-824-990 Dispensing optician fees and renewal cycle. ((The
following fees shall be charged by the professional licensing services
division of the department of health:)) (1) Licenses must be renewed
every year on the practitioner's birthday as provided in chapter 246-12
WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
Optician:
Full examination (or reexamination) $200.00
Reexamination--Practical only 50.00
Reexamination--Written (basic) only 25.00
Reexamination--Written (contact lens) only 25.00
Renewal 125.00
Late renewal penalty 75.00
Expired license reissuance 62.50
Duplicate license 15.00
Certification of license 15.00
Apprentice registration 75.00
Endorsement application 100.00
Inactive license 35.00
[Statutory Authority: RCW 43.70.250. 94-08-078, 246-824-990, filed
4/5/94, effective 5/6/94; 93-14-011, 246-824-990, filed 6/24/93,
effective 7/25/93. Statutory Authority: RCW 43.70.040, 43.70.250 and
chapter 18.34 RCW. 92-02-018 (Order 224), 246-824-990, filed 12/23/91,
effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049
(Order 121), recodified as 246-824-990, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650),
308-26-045, filed 5/1/87.]
NEW SECTION
WAC 246-824-995 Conversion to a birthday renewal cycle. (1) The annual license renewal date is changed to coincide with the practitioner's birthday.
(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.
(3) After the initial conversion to a staggered system,
practitioners will annually renew their license on their birthday at the
current renewal rate.
[]
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-826-050 Renewal of health care assistants. Updated
certification/delegation forms must be submitted ((within two years from
the date of the most recent certification on file with the department of
health. The department will send renewal forms to the delegation or
facility's address on record approximately sixty days prior to the
expiration date)). It ((shall be)) is the responsibility of every health
care facility and health care practitioner who certifies health care
assistants to submit the renewal forms and fees on or before
((certification expiration date)) the health care assistant's birthday.
[Statutory Authority: RCW 18.135.030. 92-02-018 (Order 224), 246-826-050, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW
43.70.040. 91-02-049 (Order 121), recodified as 246-826-050, filed
12/27/90, effective 1/31/91. Statutory Authority: RCW 18.135.030. 87-23-022 (Order PM 689), 308-175-040, filed 11/12/87; 85-06-018 (Order
PL 515), 308-175-040, filed 2/25/85.]
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-826-230 AIDS prevention and information education
requirements--Health care assistants. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(2) Application for certification. Effective January 1, 1989,
persons applying for certification shall submit, in addition to the other
requirements, evidence to show compliance with the education requirements
of subsection (3) of this section.
(3) AIDS education and training.
(a) Acceptable education and training. The secretary will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of seven clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(b) Implementation. Effective January 1, 1989, the requirement for
certification, renewal, or reinstatement of any certificate on lapsed,
inactive, or disciplinary status shall include completion of AIDS
education and training. All persons affected by this section shall show
evidence of completion of an education and training program, which meets
the requirements of (a) of this subsection.
(c) Documentation. The applicant shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.
(4) Temporary emergency waiver of seven hours training requirement.
The secretary may waive the minimum seven clock hour requirement of
subsection (3)(a) of this section if evidence is provided which documents
compliance with AIDS training curriculum content. Certificates issued
under this provision will be effective for one hundred twenty days
only.)) Applicants must complete seven clock hours of AIDS education as
required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.135.030 and 70.24.270. 92-02-018 (Order
224), 246-826-230, filed 12/23/91, effective 1/23/92. Statutory
Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-230, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW
18.135.030. 90-14-131 (Order 069), 308-175-200, filed 7/5/90,
effective 8/5/90; 88-22-076 (Order PM 785), 308-175-200, filed
11/2/88.]
AMENDATORY SECTION (Amending Order 173, filed 6/6/91, effective 7/7/91)
WAC 246-826-990 Health care assistant fees and renewal cycle.
((The following fees shall be charged by the professional licensing
division of the department of health:)) (1) Certificates must be renewed
every two years on the practitioner's birthday as provided in chapter
246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
First certification $35.00
Renewal 33.00
Expired certificate reissuance 33.00
Recertification 35.00
Duplicate 15.00
[Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-826-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW
43.70.040. 91-02-049 (Order 121), recodified as 246-826-990, filed
12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-175-140, filed 2/7/90, effective 3/10/90.
Statutory Authority: RCW 18.135.030. 87-23-022 (Order PM 689), 308-175-140, filed 11/12/87.]
NEW SECTION
WAC 246-826-995 Conversion to a birthday renewal cycle. (1) Effective July 1, 1998, the biennial certificate renewal date is changed to coincide with the practitioner's birthday.
(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.
(3) After the initial conversion, practitioners will renew their
certificate every other year on their birthday at the current renewal
rate.
[]
AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective
10/8/95)
WAC 246-828-295 Inactive ((status license)) credential. ((An
inactive license shall be issued to a currently licensed fitter and
dispenser at the time of his or her annual renewal upon the department's
receipt of the licensee's written request and payment of the inactive
license fee. An inactive license may be returned to active status upon
written request of the licensee in accordance with RCW 18.35.095. An
inactive license shall be renewed annually on the licensee's birthdate
by submitting to the department the inactive status fee.)) A practitioner
may obtain an inactive credential. Refer to the requirements of chapter
246-12 WAC, Part 4.
[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-295, filed 9/7/95, effective 10/8/95.]
AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective
10/8/95)
WAC 246-828-300 ((Licensure renewal, late penalty, reexamination
required.)) Expired license. (((1) A license shall be renewed annually
on or before the licensee's birthdate. An initial license shall expire
on the licensee's next birthdate. Unless otherwise specified in statute,
the secretary may prorate the renewal fee based on 1/12 of the annual
renewal fee for each full calendar month between the initial issue date
and the next anniversary of the applicant's birthdate.
(2) A licensee may renew his/her license at the annual renewal rate,
for one year. Any renewal that is postmarked or presented to the
department after midnight on the expiration date is late, and subject to
a late renewal penalty fee.
(3) Failure to timely renew a license shall invalidate the license
and all privileges granted by the license. Any licensee subject to the
Uniform Disciplinary Act who submits a late renewal which is postmarked
or presented to the department more than thirty days after its expiration
date, shall be subject to investigation for unprofessional conduct in
accordance with RCW 18.130.180(7) for unlicensed practice.
(4) Late renewal penalty fees, reinstatement of licensure. A
license holder who fails to renew his or her license on or before its
expiration date may be issued a license to practice during the first
three years that the license has been allowed to lapse. The licensee
shall remit to the department a completed reinstatement application, late
penalty fee, all back annual renewal fees, and proof of completion of the
continuing education requirement for the time the license was lapsed.
Late renewal penalty fees shall be based on the following formula:
If the annual renewal The late renewal penalty fee is:
From $1 to $50 100% of the renewal fee
From $51 to $100 $50 flat fee
$101 or more 50% of the renewal fee,
but no more than $300
(5) If a licensee has allowed his or her license to lapse for more
than three years the licensee shall, before the license may be reinstated
to active status, satisfactorily complete all portions of the licensing
examination and pay the applicable examination and licensing fees.)) (1)
If the license has expired for three years or less, the practitioner must
meet the requirements of chapter 246-12 WAC, Part 2.
(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:
(a) Submit verification of active practice from any other United States jurisdiction;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:
(a) Successfully pass the examination as provided in RCW 18.35.050;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-300, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW
18.35.161. 91-11-031 (Order 165B), recodified as 246-828-300, filed
5/8/91, effective 6/8/91; 89-04-017 (Order PM 818), 308-50-350, filed
1/23/89. Statutory Authority: 1983 c 39 7. 83-23-056 (Order PL 447),
308-50-350, filed 11/15/83.]
AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective
10/8/95)
WAC 246-828-370 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(2) Application for licensure. Effective July 1, 1989, persons who
submit an application for a license to fit/dispense hearing aids or who
submit an application for a trainee permit shall submit, prior to being
granted a license and in addition to the other requirements for
licensure, evidence to show compliance with the educational requirements
of subsection (4) of this section.
(3) Renewal of licenses. Effective with the renewal period
beginning July 1, 1989, and ending June 30, 1990, all persons making
application of licensure renewal shall submit, in addition to the other
requirements, evidence to show compliance with the education requirements
of subsection (4) of this section.
(4) AIDS education and training.
(a) Acceptable education and training. The board will accept
education and training that is consistent with the topical outline
available from the office on AIDS. Such education and training shall be
a minimum of four clock hours regarding the prevention, transmission and
treatment of AIDS, and may include, but is not limited to, the following:
Etiology and epidemiology; testing and counseling; infection control
guidelines; clinical manifestations and treatment; legal and ethical
issues to include confidentiality; and psychosocial issues to include
special population considerations.
(b) Implementation. Effective July 1, 1989, the requirement for
licensure, renewal, or reinstatement of any license on lapsed, inactive,
or disciplinary status shall include completion of AIDS education and
training. All persons affected by this section shall show evidence of
completion of an education and training program, which meets the
requirements of (a) of this subsection.
(c) Documentation. The licensee or applicant for licensure shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete four clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-370, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW
18.35.161. 91-11-031 (Order 165B), recodified as 246-828-370, filed
5/8/91, effective 6/8/91. Statutory Authority: 1988 c 206 604. 88-23-106 (Order PM 797), 308-50-500, filed 11/22/88.]
AMENDATORY SECTION (Amending Order 342B, filed 3/5/93, effective 4/5/93)
WAC 246-828-510 ((Basic requirement--Amount.)) Continuing
education. ((In the one-year period immediately preceding the annual
renewal of the license to practice the fitting and dispensing of hearing
aids, the applicant shall complete or accumulate ten hours of acceptable
continuing education.
(1) Measurement is in full academic hours only (a fifty-minute
period equals one hour). A one-day course shall constitute eight hours
of credit.
(2) Credit shall be granted only for class hours and not preparation
hours.
(3) Acceptable courses taken after January 1, 1993, may be included
in the first computation of continuing education hours necessary for
renewal.
(4) The same course taken more than once during the renewal period
shall be counted only once.)) (1) Licensed hearing instrument
fitter/dispensers must complete ten hours of continuing education as
required in chapter 246-12 WAC, Part 7.
(2) A maximum of two hours may be in the area of practice
management. Practice management includes, but is not limited to,
marketing, computer recordkeeping, and personnel issues.
[Statutory Authority: RCW 18.35.161(3). 93-07-007 (Order 342B), 246-828-510, filed 3/5/93, effective 4/5/93.]
AMENDATORY SECTION (Amending WSR 95-19-017, filed 9/7/95, effective
10/8/95)
WAC 246-828-530 Exceptions for continuing education. ((The
following is an exception from the continuing education requirements.
Upon a showing of good cause by a licensee to the secretary, the
secretary, with advice from the board, may exempt such licensee from any,
all, or part of the continuing education requirement. Good cause
includes, but is not limited to, severe illness.)) An exception for
continuing education requirements includes, but is not limited to, severe
illness.
[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-530, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW
18.35.161(3). 93-07-007 (Order 342B), 246-828-530, filed 3/5/93,
effective 4/5/93.]
AMENDATORY SECTION (Amending WSR 97-04-043, filed 1/31/97, effective
1/31/97)
WAC 246-828-990 Hearing aid fitter/dispenser ((fees)), audiologist
and speech language pathologists fees and renewal cycle. ((The following
fees shall be charged by the health professions quality assurance
division of the department of health:)) (1) Licenses and certificates
must be renewed every year on the practitioner's birthday as provided in
chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged for fitter/dispensers:
Title of Fee Fee
Fitter/dispenser:
License application $125.00
Initial license 100.00
Renewal 200.00
Written Exam 100.00
Practical Exam 200.00
Apprentice permit 85.00
Inactive license 75.00
Late renewal penalty 100.00
Expired license reissuance 100.00
Expired inactive license reissuance 50.00
License verification 15.00
Wall certificate 15.00
Duplicate license 15.00
(3) The following nonrefundable fees will be charged for
audiologists:
Certificate application 125.00
Initial certificate 100.00
Renewal 200.00
Written Examination 100.00
Practical Examination 200.00
Interim permit 100.00
Inactive certificate 75.00
Late renewal penalty 100.00
Expired certificate reissuance 100.00
Expired inactive certificate reissuance 50.00
Certificate verification 15.00
Wall certificate 15.00
Duplicate certificate 15.00
(4) The following nonrefundable fees will be charged for
speech/language pathologist:
Certificate application 125.00
Initial certificate 100.00
Renewal 200.00
Written Examination 100.00
Practical Examination 200.00
Interim permit 100.00
Inactive certificate 75.00
Late renewal penalty 100.00
Expired certificate reissuance 100.00
Expired inactive certificate reissuance 50.00
Certificate verification 15.00
Wall certificate 15.00
Duplicate certificate 15.00
[Statutory Authority: RCW 18.35.090 and 43.70.250. 97-04-043, 246-828-990, filed 1/31/97, effective 1/31/97. Statutory Authority: RCW
18.35.161 (1) and (3). 95-19-017, 246-828-990, filed 9/7/95, effective
10/8/95. Statutory Authority: RCW 43.70.250. 94-08-038, 246-828-990,
filed 3/31/94, effective 5/1/94; 93-14-011, 246-828-990, filed 6/24/93,
effective 7/25/93; 91-13-002 (Order 173), 246-828-990, filed 6/6/91,
effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-11-030 (Order
139), recodified as 246-828-990, filed 5/8/91, effective 6/8/91.
Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-50-440, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW
43.24.086. 87-18-031 (Order PM 667), 308-50-440, filed 8/27/87.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-828-050 Refunds on examination fee.
WAC 246-828-520 Effective date of requirement.
WAC 246-828-540 Qualification of program for continuing education credit.
WAC 246-828-560 Certification of compliance.
AMENDATORY SECTION (Amending WSR 94-13-181, filed 6/21/94, effective
7/22/94)
WAC 246-830-035 Licensing without examination. (1) A license to practice massage shall be issued without examination provided an individual holds a current license to practice massage in another jurisdiction that has examination and education requirements substantially equivalent to those in Washington.
(2) An individual applying for a license without examination shall submit to the department:
(a) A completed application on a form provided by the department;
(b) The required nonrefundable application fee;
(c) Documentation that the examination and education requirements of the other jurisdiction are substantially equivalent to those in Washington;
(d) Successful completion of an open book test provided by the department which demonstrates a working knowledge of Washington law as contained in chapters 18.108 and 18.130 RCW, and chapter 246-830 WAC;
(e) ((Proof of compliance with WAC 246-830-050 AIDS, prevention and
information education requirements.)) Applicants must complete four clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8;
(f) Written certification from all jurisdictions in which the applicant has practiced massage verifying that the applicant has a record of good standing and has not been the subject of any disciplinary action.
(3) Restrictions:
(a) All applicants shall be subject to the grounds for denial or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160;
(b) An individual who has failed the Washington state licensing examination shall not be eligible for licensing without examination.
(4) If application for licensing without examination is denied, the applicant may apply for licensing as set forth in RCW 18.108.070.
(5) A license issued without examination is subject to an original
license fee and all other renewal requirements set forth in this chapter.
[Statutory Authority: RCW 18.108.025(1). 94-13-181, 246-830-035,
filed 6/21/94, effective 7/22/94.]
AMENDATORY SECTION (Amending WSR 94-13-181, filed 6/21/94, effective
7/22/94)
WAC 246-830-460 Continuing education requirement--Amount. ((The
licensee shall demonstrate continued professional competency by
completing sixteen hours of acceptable continuing education every two
years.
(1) Hours for continuing education shall be measured in full
academic hours (a fifty-minute period equals one hour).
(2) Continuing education credit shall be granted for class hours
only and not preparation time.)) Licensed massage therapists must
complete sixteen hours of continuing education every two years as
required in chapter 246-12 WAC, Part 7.
[Statutory Authority: RCW 18.108.025(1). 94-13-181, 246-830-460,
filed 6/21/94, effective 7/22/94.]
AMENDATORY SECTION (Amending WSR 95-11-108, filed 5/23/95, effective
6/23/95)
WAC 246-830-990 Massage fees and renewal cycle. ((The following
fees shall be charged by the health professions quality assurance
division of the department of health:)) (1) Licenses must be renewed
every year on the practitioner's birthday as provided in chapter 246-12
WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
Written examination and reexamination $ 65.00
Practical examination and reexamination 50.00
Initial license 55.00
Renewal 65.00
Late renewal penalty 50.00
Expired license reissuance 50.00
Certification of license 15.00
Duplicate license 15.00
[Statutory Authority: RCW 18.108.025(1). 95-11-108, 246-830-990,
filed 5/23/95, effective 6/23/95. Statutory Authority: RCW 43.70.250.
93-14-011, 246-830-990, filed 6/24/93, effective 7/25/93. Statutory
Authority: RCW 18.108.085 and 43.70.250. 92-02-018 (Order 224), 246-830-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW
43.70.040. 91-02-049 (Order 121), recodified as 246-830-990, filed
12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.086. 88-24-042 (Order PM 788), 308-51-210, filed 12/6/88; 87-18-031 (Order PM
667), 308-51-210, filed 8/27/87.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-830-050 AIDS prevention and information education requirements.
WAC 246-830-465 Effective date of requirement.
WAC 246-830-470 Exemptions.
WAC 246-830-480 Certification of compliance.
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-060 Application for licensing examination. (1) All applicants shall file a completed, notarized application, with the application fee specified in WAC 246-834-990, at least 45 days prior to the examination.
(2) Applicants shall request that the school of midwifery send an
official transcript directly to the department of health((, professional
licensing services)).
(3) Those who have properly applied to take the midwifery licensing examination and have met all qualifications will be notified of their eligibility to be examined. Upon notification of eligibility, the examination fee specified in WAC 246-834-990 must be submitted. Only applicants so notified will be admitted to the examination.
(4) ((No fees submitted and processed by the department will be
subject to refund.
(5))) All applicants shall take the current state licensing
examination for midwives.
(((6))) (5) The minimum passing score on the licensing examination
is 75 percent.
(6) Applicants must complete seven clock hours of AIDS education as
required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.50.135 and 18.50.045. 92-02-018 (Order
224), 246-834-060, filed 12/23/91, effective 1/23/92. Statutory
Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW
18.50.135. 82-19-079 (Order PL 406), 308-115-060, filed 9/21/82.]
AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-834-065 Application for examination--Out-of-state education. (1) A midwife not licensed in the state of Washington may sit for the licensing examination without completing the required coursework or the midwife-in-training program provided the midwife meets the following requirements:
(a) Has completed a program preparing candidates to practice as a midwife provided such program is equivalent to the minimum course requirements of approved midwifery programs in Washington at the time of applicant's program completion. Proof of equivalency shall be submitted by the applicant with the application.
(b) The transcript of the applicant's completed midwifery program verifies that:
(i) All courses were completed with a grade of C (pass) or better; and
(ii) At least fifteen managed births were completed under the preceptorship of an experienced midwife approved by the candidate's educational program.
(c) If managed births completed under the preceptorship in
(((1)))(b)(ii) of this subsection are less than fifty, then affidavits
of births the applicant has managed must be submitted in a sufficient
number to prove that the applicant has managed a total of at least fifty
births.
(2) The applicant shall submit to the department:
(i) A complete notarized application with the required fee. ((The
fee is nonrefundable.))
(ii) Notarized copies of educational preparation or an official transcript verifying educational preparation or an official transcript verifying educational preparation to practice midwifery.
(iii) ((Affidavits)) Declarations of managed births as required in
subsection (1)(c) of this section.
(3) Applicants must demonstrate completion of seven clock hours of
AIDS education as provided in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified
as 246-834-065, filed 12/27/90, effective 1/31/91. Statutory
Authority: RCW 18.50.135. 89-16-037 (Order PM 856), 308-115-065,
filed 7/25/89, effective 8/25/89.]
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-170 Reports to the ((director of)) department of
((licensing)) health by accredited midwifery educational programs. (1)
An annual report on the program and its progress for the period July 1
to June 30 shall be submitted to the department by each midwifery
educational program on forms supplied by the department.
(2) Written notification shall be sent to the department regarding major changes relating to, but not limited to, the following:
(a) Change in the administrator or academic director.
(b) Organizational change.
(c) Changes in extended learning sites.
The information submitted to the department of health shall include the reason for the proposed change.
(3) The secretary may require submission of additional reports.
[Statutory Authority: RCW 18.50.135 and 18.50.045. 92-02-018 (Order
224), 246-834-170, filed 12/23/91, effective 1/23/92. Statutory
Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-170, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW
18.50.135. 82-19-079 (Order PL 406), 308-115-170, filed 9/21/82.]
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-200 Appeal of department of ((licensing)) health
decisions. A school of midwifery aggrieved by a department decision
affecting its accreditation may appeal the decision pursuant to chapter
18.50 RCW and the Administrative Procedure Act, chapter 34.05 RCW.
[Statutory Authority: RCW 18.50.135, 18.50.045 and 34.05.220. 92-02-018
(Order 224), 246-834-200, filed 12/23/91, effective 1/23/92. Statutory
Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-200, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW
18.50.135. 82-19-079 (Order PL 406), 308-115-200, filed 9/21/82.]
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-834-260 General provisions. (1) "Unprofessional conduct" as used in this chapter shall mean the conduct described in RCW 18.130.180.
(2) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.
(3) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.
(4) "Department" means the department of health, whose address is:
Department of Health
((Professional Licensing Services))
Midwifery Program
1300 S.E. Quince St.
P.O. Box ((1099)) 47864
Olympia, Washington 98504-7864
(5) "Midwife" means a person licensed pursuant to chapter 18.50 RCW.
(6) "Mentally or physically disabled midwife" means a midwife who
is currently mentally incompetent or mentally ill as determined by a
court, or who is unable to practice midwifery with reasonable skill and
safety to patients by reason of any mental or physical condition and who
continues to practice while so impaired.
[Statutory Authority: RCW 18.50.135, 18.50.045, 18.130.050 and
18.130.070. 92-02-018 (Order 224), 246-834-260, filed 12/23/91,
effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049
(Order 121), recodified as 246-834-260, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM
842), 308-115-260, filed 6/30/89.]
NEW SECTION
WAC 246-834-400 Expired license. (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.
(2) If the license has expired for over three years, the practitioner must:
(a) Demonstrate competence to the standards established by the secretary;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 246-834-500 AIDS prevention and information education
requirements.
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-836-080 Continuing competency program. (1) ((Naturopathic
physicians)) Licensed ((under these rules shall complete)) naturopathic
physicians must demonstrate completion of 20 hours of continuing
education ((each year in courses approved by the director. Prior
approval of courses shall be available by application to the secretary))
as provided in chapter 246-12 WAC, Part 7. Only courses in diagnosis and
therapeutics as listed in RCW 18.36A.040 shall be eligible for credit.
(((2) In addition to the license renewal form and fee, the licensee
shall submit an affidavit of compliance with the twenty hour continuing
education requirement on a form provided by the department. Failure to
submit the sworn certification will result in nonrenewal of the license.
(3) It is the responsibility of the licensee to maintain appropriate
records or evidence of compliance with the continuing education
requirement. The department may, in its discretion require any licensee
to submit, in addition to the sworn certification, proof of completion
of continuing education requirements.
(4) A material false statement on the sworn certification, or
failure to provide proof of completion of continuing education
requirements when proof is required in the department's discretion, is
grounds for disciplinary action, including but not limited to,
suspension, revocation, or nonrenewal of the license.
(5) Continuing education hours in excess of the required hours
earned in any renewal period may not be carried forward to a subsequent
renewal period.
(6))) (2) In emergency situations, such as personal or family
illness, the department may in its discretion, for good cause shown,
waive all or part of the continuing education requirement for a
particular one year period for an individual licensee. The department
may require such verification of the emergency as is necessary to prove
its existence.
[Statutory Authority: RCW 18.36A.060. 92-02-018 (Order 224), 246-836-080, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW
43.70.040. 91-02-049 (Order 121), recodified as 246-836-080, filed
12/27/90, effective 1/31/91. Statutory Authority: RCW 18.36A.060. 88-14-009 (Order PM 742), 308-34-180, filed 6/24/88.]
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-836-410 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(2) Application for licensure. Persons applying for licensure shall
submit, in addition to the other requirements, evidence to show
compliance with the education requirements of subsection (3) of this
section.
(3) AIDS education and training.
(a) Acceptable education and training. The secretary will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of seven clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(b) The requirements for licensure, renewal, or reinstatement of any
license on lapsed, inactive, or disciplinary status shall include
completion of AIDS education and training. All persons affected by this
section shall show evidence of completion of an education and training
program, which meets the requirements of (a) of this subsection.
(c) Documentation. The applicant shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete seven clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.36A.060 and 70.24.270. 92-02-018 (Order
224), 246-836-410, filed 12/23/91, effective 1/23/92. Statutory
Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-836-410, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW
70.24.270. 88-22-077 (Order PM 786), 308-130-410, filed 11/2/88.]
AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective
7/25/93)
WAC 246-836-990 Naturopathic physician licensing fees and renewal
cycle. (((1) The following fees are payable to the department of
health.)) (1) Licenses must be renewed every year on the practitioner's
birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Amount
Application $ 50.00
((Pregraduate basic science examination 175.00
Clinical examinations (initial/retake) 275.00
Basic science examination (initial/retake) 125.00
Add-on examinations (initial/retake) 75.00))
State examination (initial/retake) 50.00
Initial license 50.00
License renewal 450.00
Late renewal penalty 225.00
Expired license reissuance 225.00
Duplicate license 15.00
Certification of license 15.00
Application for reciprocity 50.00
(((2) Fees submitted to and processed by the department are
nonrefundable.))
[Statutory Authority: RCW 43.70.250. 93-14-011, 246-836-990, filed
6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-836-990, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 43.70.250. 90-13-084 (Order 066),
308-34-170, filed 6/20/90, effective 7/21/90; 90-04-094 (Order 029),
308-34-170, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW
43.24.086. 88-20-075 (Order 783), 308-34-170, filed 10/5/88.
Statutory Authority: RCW 18.36A.060. 88-14-009 (Order PM 742), 308-34-170, filed 6/24/88.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-836-090 License reinstatement.
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-010 Definitions. (1) (("Acquired immunodeficiency
syndrome" or "AIDS" means the clinical syndrome of HIV-related illnesses
as defined by the commission of health by rule.
(2))) "Auxiliary services" are all nursing services provided to
patients by persons other than the licensed practical nurse, the
registered nurse and the nursing student.
(((3))) (2) "Beginning practitioner" means a newly licensed nurse
beginning to function in the nurse role.
(((4))) (3) "Behavioral objectives" means the measurable outcomes
of specific content.
(((5))) (4) "Client" means the person who receives the services of
the practical nurse or registered nurse.
(((6))) (5) "Client advocate" means a supporter of client rights and
choices.
(((7))) (6) "Commission" means the Washington state nursing care
quality assurance commission.
(((8))) (7) "Competencies" means the tasks necessary to perform the
standards.
(((9))) (8) "Conceptual framework" means the theoretical base around
which the curriculum is developed.
(((10))) (9) "Conditional approval" of a school of nursing is the
approval given a school of nursing that has failed to meet the
requirements of the law and the rules and regulations of the commission,
and it specifies conditions that must be met within a designated time to
rectify the failure.
(((11))) (10) "Delegation" means the licensed practical nurse or
registered nurse transfers the performance of selected nursing tasks to
competent individuals in selected situations. The licensed practical
nurse or registered nurse delegating the task retains the responsibility
and accountability for the nursing care of the client. The licensed
practical nurse or registered nurse delegating the task supervises the
performance of the unlicensed person;
(a) Nursing acts delegated by the licensed practical nurse or registered nurse shall:
(i) Be within the area of responsibility of the licensed practical nurse or registered nurse delegating the act;
(ii) Be such that, in the opinion of the licensed practical nurse or registered nurse, it can be properly and safely performed by the person without jeopardizing the patient welfare;
(iii) Be acts that a reasonable and prudent licensed practical nurse or registered nurse would find are within the scope of sound nursing judgment.
(b) Nursing acts delegated by the licensed practical nurse or registered nurse shall not require the unlicensed person to exercise nursing judgment nor perform acts which must only be performed by a licensed practical nurse or registered nurse, except in an emergency situation (RCW 18.79.240 (1)(b) and (2)(b)).
(c) When delegating a nursing act to an unlicensed person it is the registered nurse who shall:
(i) Make an assessment of the patient's nursing care need before delegating the task;
(ii) Instruct the unlicensed person in the delegated task or verify competency to perform or be assured that the person is competent to perform the nursing task as a result of the systems in place by the health care agency;
(iii) Recognize that some nursing interventions require nursing knowledge, judgment, and skill and therefore may not lawfully be delegated to unlicensed persons.
(((12))) (11) Direction and Supervision:
(a) "Supervision" of licensed or unlicensed nursing personnel means the provision of guidance and evaluation for the accomplishment of a nursing task or activity with the initial direction of the task or activity; periodic inspection of the actual act of accomplishing the task or activity; and the authority to require corrective action.
(b) "Consulting capacity" shall mean the recommendations to a professional entity, employed at that facility, which may be accepted, rejected, or modified. These recommendations shall not be held out as providing nursing services by the consulting nurse to the patient or public.
(c) "Direct supervision" shall mean the licensed registered nurse is on the premises, is quickly and easily available and the patient has been assessed by the licensed registered nurse prior to the delegation of the duties to any caregiver.
(d) "Immediate supervision" shall mean the registered nurse is on the premises and is within audible and visual range of the patient and the patient has been assessed by the registered nurse prior to the delegation of duties to any caregiver.
(e) "Indirect supervision" shall mean the registered nurse is not on the premises but has given either written or oral instructions for the care and treatment of the patient and the patient has been assessed by the registered nurse prior to the delegation of duties to any caregiver.
(((13))) (12) "Extended learning sites" refers to any area external
to the parent organization selected by faculty for student learning
experiences.
(((14))) (13) "Faculty" means persons who are responsible for the
educational program of the school of nursing and who hold faculty
appointment in the school.
(((15))) (14) "Full approval" of a school of nursing is the approval
given a school of nursing that meets the requirements of the law and the
rules and regulations of the commission.
(((16))) (15) "Minor nursing services." The techniques and
procedures used by the nursing profession are extremely difficult to
categorize as major or minor nursing services. The important factor with
which this law is concerned is the determination of which nursing person
and at what level of preparation that person may perform said technique
or procedure in relation to the condition of a given patient, and this
kind of determination rests with the registered nurse.
(((17))) (16) "Minimum standards of competency" means the functions
that are expected of the beginning level nurse.
(((18))) (17) "Nurse administrator" is an individual who meets the
qualifications contained in WAC 246-840-555 and who has been designated
as the person primarily responsible for the direction of the program in
nursing. Titles for this position may include, among others, dean,
director, coordinator or chairperson.
(((19))) (18) The phrase "nursing aide" used in RCW 18.79.240 (1)(c)
shall mean a "nursing technician." "Nursing technician" is a nursing
student currently enrolled in a commission or state board of nursing
approved nursing education program and employed for the purpose of giving
help, assistance and support in the performance of those services which
constitute the practice of registered nursing. The nursing student shall
use the title "nursing technician" while employed.
(((20))) (19) "Nursing student" is a person currently enrolled in
an approved school of nursing.
(((21) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(22))) (20) "Philosophy" means the beliefs and principles upon which
the curriculum is based.
(((23))) (21) "Program" means a division or department within a
state supported educational institution, or other institution of higher
learning charged with the responsibility of preparing persons to qualify
for the licensing examination.
(((24))) (22) "Provisional approval" of schools of nursing is the
approval given a new school of nursing based on its proposed program
prior to the admission of its first class.
(((25))) (23) "Registered nurse" as used in these rules shall mean
a nurse as defined by RCW 18.79.030(1).
(((26))) (24) "School" means an educational unit charged with the
responsibility of preparing persons to practice as practical nurses or
registered nurses. Three types of basic schools of nursing are
distinguished by the certificate awarded to the graduate. Schools of
nursing within colleges and universities award the associate degree or
baccalaureate degree. Schools of nursing sponsored by a hospital award
a diploma.
(((27))) (25) "Standards" means the overall behavior which is the
desired outcome.
(((28))) (26) "Terminal objectives" means the statements of goals
which reflect the philosophy and are the measurable outcomes of the total
curriculum.
(((29))) (27) An "unapproved school of nursing" is a school of
nursing that has been removed from the list of approved schools for
failure to meet the requirements of the law and the rules and regulations
of the commission or a school that has never been approved by the
commission.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-010,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-020 Documents which indicate authorization to practice nursing in Washington. The following documents are the only documents that indicate legal authorization to practice as a licensed practical nurse or registered nurse in Washington.
(1) Active license. A license is issued upon completion of all requirements for licensure, confers the right to use the title licensed practical nurse or licensed registered nurse and the use of its abbreviation, L.P.N. or R.N., and to practice as a licensed practical nurse or registered nurse in the state of Washington.
A student who has graduated from a basic professional nursing course and who is pursuing a baccalaureate degree in nursing, an advanced degree in nursing or an advanced certification in nursing shall hold an active Washington RN license before participating in the practice of nursing as required to fulfill the learning objectives in a clinical course.
Exception to this requirement may be granted by the commission on an individual basis upon a petition submitted by the dean or director of a school of nursing, on a case-by-case basis.
(a) The exception allows the student to practice in a clinical setting only under the direct supervision of an RN faculty member. The commission requires that any RN faculty member supervising these students meet the requirements of direct supervision as defined in WAC 246-840-010 (13)(c)(ii) and, in addition, that supervising faculty document that all clients under the care of the student be assessed by the RN faculty each clinical day.
(b) The dean or director of the school of nursing shall ensure that each faculty member who supervises these students be provided a copy of these rules and be assigned in a manner that allows for direct supervision.
(c) Nursing students who participate in clinical courses under this section are not eligible for the nursing technician role.
(2) Inactive license. A license issued to a person previously
holding an active license in this state ((who desires to retire
temporarily from the practice of nursing in this state. The holder of
an inactive license shall not practice nursing in this state)), is in
good standing and does not practice in Washington state. Refer to
chapter 246-12 WAC, Part 4.
(3) Limited educational license. A limited educational license may be issued to a person who has been on inactive or lapsed status for three years or more and who wishes to return to active status.
(4) Advanced registered nurse practitioner (ARNP) recognition document. An ARNP recognition document may be issued to any person who meets the requirements of the commission as contained in WAC 246-840-300. Only persons holding this recognition document shall have the right to use the title "advanced registered nurse practitioner" or the abbreviation "ARNP" or any title or abbreviation which may indicate that the person is entitled to practice at an advanced and specialized level as a nurse practitioner, a specialized nurse practitioner, a nurse midwife, or a nurse anesthetist. This document authorizes the ARNP to engage in the scope of practice allowed for his or her specialty area and is valid only with a current registered nurse license.
(5) ARNP interim permit. An interim permit may be issued following satisfactory completion of an advanced formal education program, registration for the first certification examination of an approved program following completion of the education and filing of an application, fee and requested documentation. If the applicant passes the examination the department shall grant advanced registered nurse practitioner status. If the applicant fails the examination, the interim permit shall expire upon notification and is not renewable.
(6) ARNP prescriptive authorization. A notation of prescriptive
authorization may be placed on the ARNP recognition document issued to
any person who meets the requirements of the commission as contained in
WAC 246-840-410. This authorizes the ARNP to prescribe drugs within his
or her scope of practice and is valid only with a current registered
nurse license.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-020,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-040 Filing of application for licensing examination.
(1) All applicants ((shall)) must file with the Washington state nursing
commission a completed application, with the required fee sixty days
prior to the anticipated date of examination. ((The fee is not
refundable.))
(2) Applicants ((shall)) must request the school of nursing to send
an official transcript directly to the Washington state nursing
commission. The transcript ((shall)) must contain adequate documentation
to verify that statutory requirements are met and shall include course
names and credits accepted from other programs.
(3) Applicants ((shall)) must also file an examination application,
along with the required fee directly with the testing service.
(4) Applicants who have filed the required applications and met all qualifications will be notified of their eligibility, and only such applicants will be admitted to the examination.
(5) Applicants ((shall)) must submit with the application one recent
U.S. passport identification photograph of the applicant unmounted and
signed by the applicant across the front.
(6) ((Persons applying for licensure shall submit, in addition to
the other requirements, evidence to show compliance with the AIDS
education requirements of WAC 246-840-100.)) Applicants must complete
seven clock hours of AIDS education as required in chapter 246-12 WAC,
Part 8.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-040,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-080 Licensure of graduates of foreign schools of
nursing. (1) Applicants for licensure educated in a country outside the
United States or its territories ((shall)) must meet the following
requirements for licensure:
(a) Satisfactory completion of a basic nursing education program approved in the country of original licensure.
(i) The nursing education program ((shall)) must be equivalent to
the minimum standards prevailing for commission or state board approved
schools of nursing in Washington at the time of graduation.
(ii) Any deficiencies in the nursing program (theory and clinical
practice in medical, psychiatric, obstetric, surgical and pediatric
nursing) ((shall)) must be satisfactorily completed in a state board
approved school of nursing.
(b) Screening exams:
for practical nurses:
Satisfactory passage of the test of English as a foreign language
(TOEFL). All applicants with nursing educations obtained in countries
outside of the United States and never before licensed in another
jurisdiction or territory of the United States, shall be required to take
the TOEFL and attain a minimum score of fifty in each section. Once an
applicant obtains a score of fifty in a section, the board will require
reexamination and passage only in the section(s) failed. Passage of all
sections of the TOEFL must be attained and the applicant must cause TOEFL
services to forward directly to the board a copy of the official
examinee's score record. These results must be timely received with the
individual's application before the NCLEX can be taken. Exceptions may
be made, in the commission's discretion and for good cause, to this
requirement.
for registered nurses:
Satisfactory passage of the screening examination for foreign nurses. As of May 1, 1981, all applicants from countries outside the United States, and never before licensed in one of the United States jurisdictions shall have passed the commission on graduates of foreign nursing schools (CGFNS) qualifying examination.
(c) Applicants licensed under the laws of a country outside the United States or its territories shall be required to take the current series of the National Council of State Boards of Nursing Licensing exam for Practical or Registered Nurse (NCLEX-PN or NCLEX-RN) as provided in WAC 246-840-050: Provided, That those persons meeting the requirements of WAC 246-840-090(7) are exempt from this requirement; or show evidence of having already successfully passed the state board licensing examination for practical or registered nurses in another jurisdiction or territory of the United States with the passing standard required in Washington.
(d) All other requirements of the statute and regulation ((shall))
must be met.
(2) Applicants for examination ((shall)) must:
(a) File with the nursing commission a completed license application
with the required fee sixty days prior to the anticipated date of the
examination. ((The fees are not refundable.))
(b) Request the school of nursing to submit an official transcript directly to the health professions quality assurance division of department of health. The transcript shall contain the date of graduation and the credential conferred, and shall be in English or accompanied by an official English translation notarized as a true and correct copy.
(c) Applicants shall also file an examination application, along with the required fee directly with the testing service.
(d) ((Persons applying for licensure shall submit, in addition to
the other requirements, evidence to show compliance with the education
requirements of WAC 246-840-100.)) Applicants must demonstrate completion
of seven clock hours of AIDS education as provided in chapter 246-12 WAC,
Part 8.
(e) Request the licensing agency in the country of original license to submit evidence of licensure.
(f) Submit a notarized copy of the certificate issued by the CGFNS or results of TOEFL exam.
(g) If the applicant's original documents (education and licensing) are on file in another state or with the CGFNS, the applicant may request that the state board or the CGFNS send notarized copies in lieu of the originals.
(h) Submit one recent passport sized photograph of the applicant
unmounted and signed by the applicant across the front.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-080,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-090 Licensure by interstate endorsement. A license to
practice as a nurse in Washington may be issued without examination
provided the applicant meets all of the following requirements:
for practical nurse programs:
(1) The applicant has graduated and holds a credential from:
(a) A commission or state board approved program preparing candidates for licensure as a practical nurse; or
(b) Its equivalent as determined by the commission, which program must fulfill the minimum requirement for commission or state board approved practical nursing programs in Washington at the time of graduation.
(2) Applicants shall have passed a state board constructed test, the SBTPE (state board test pool examination), or NCLEX in their original state of licensure.
(3) The applicant held or currently holds a license to practice as a practical nurse in another state or territory. If the license is lapsed or inactive for three years or more, the applicant must successfully complete a commission approved refresher course before an active Washington license is issued.
(4) That grounds do not exist for denial under chapter 18.130 RCW.
(5) The applicant shall:
(a) Submit a completed application with the required fee. ((The fee
is not refundable.))
(b) ((Submit, in addition to the other requirements, evidence to
show compliance with the education requirements of WAC 246-840-100.))
Applicants must complete seven clock hours of AIDS education as required
in chapter 246-12 WAC, Part 8.
for registered nurse programs:
(6) The applicant has graduated and holds a degree/diploma from a commission or state board approved school of nursing preparing candidates for licensure as a registered nurse provided such nursing program is equivalent to the minimum nursing educational standards prevailing for commission or state board approved schools of nursing in Washington at the time of the applicant's graduation.
(a) Applicants who were licensed prior to January 1, 1953, ((shall))
must have scored at least seventy-five percent on the commission or state
board examination in the state of original licensure.
(i) Applicants licensed after January 1, 1953, but before June 1,
1982, ((shall)) must have passed the state board test pool examination
for registered nurse licensure with a minimum standard score of 350 in
each test.
(ii) Applicants licensed after July 1, 1982, ((shall)) must have
passed with a minimum standard score as established by contract with the
National Council of State Boards of Nursing.
(b) The applicant holds a valid current license to practice as a registered nurse in another state or territory.
(c) ((The applicant complies with the education requirements of WAC
246-840-100.)) Applicants must complete seven clock hours of AIDS
education as required in chapter 246-12 WAC, Part 8.
(d) The application ((shall)) must be completed and notarized, the
fee must be filed with the application. ((The fee is not refundable.))
A notarized copy of a valid current license shall be filed with the
application.
(e) Verification of licensure by examination ((shall)) must be
obtained from the state or territory of original licensure. Any fee for
verification required by the state or territory of original license
((shall)) must be paid by the applicant.
(7) Applicants from countries outside the United States who were
granted a license in another United States jurisdiction or territory
prior to December 31, 1971, and who were not required to pass the state
board test pool examination ((shall)) must meet the following
requirements:
(a) The nursing education program ((shall)) must meet the minimum
approved standards prevailing for schools of nursing in Washington at the
time of the applicant's graduation.
(b) The applicant holds a valid current license to practice as a registered nurse in another United States jurisdiction or territory.
(c) The applicant ((shall)) must submit to the commission:
(i) A complete notarized application. The ((nonrefundable)) fee
must be filed with the application.
(ii) Verification of original licensure obtained in the United States jurisdiction or territory.
(iii) Notarized copies of educational preparation and licensure by examination submitted directly from the country of original licensure or from the state commission or territory of original United States licensure.
(iv) Verification of current nursing practice for three years prior to application for Washington licensure.
(v) ((Evidence to show compliance with the education requirements
of WAC 246-840-100.)) Applicants must complete seven clock hours of AIDS
education as required in chapter 246-12 WAC, Part 8.
(d) The applicant shall meet all requirements of chapter 18.79 RCW
and regulations of the commission.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-090,
filed 6/18/97, effective 7/19/97.]
NEW SECTION
WAC 246-840-111 Expired license. (1) If the license has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.
(2) If the license has expired for more than three years and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:
(a) Submit verification of active practice from any other United States jurisdiction;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
(3) If the license has expired for more than three years and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:
(a) Successfully complete a commission approved refresher course. The practitioner will be issued a limited educational license to enroll in the refresher course. The limited educational license is valid only while working under the direct supervision of a preceptor and is not valid for employment as a licensed practical or registered nurse;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-120 ((Return to active status from)) Inactive ((or
lapsed status)) credential. ((Persons on inactive and/or lapsed status
for three years or more, who do not hold a current active license in any
other United States jurisdiction and who wish to return to active status
shall be issued a limited educational license to enroll in a commission
approved refresher course. Upon successful completion of the course, the
individual's license shall be returned to active status. The limited
educational license is valid only while working under the direct
supervision of a preceptor and is not valid for employment as a licensed
practical or registered nurse. Upon successful completion of the course,
the individual's license shall be returned to active status.)) (1) A
practitioner may obtain an inactive credential. Refer to the
requirements of chapter 246-12 WAC, Part 4.
(2) Practitioners with an inactive credential for three years or less who wish to return to active status must meet the requirements of chapter 246-12 WAC, Part 4.
(3) Practitioners with an inactive credential for more than three years, who have been in active practice in another United States jurisdiction, and wish to return to active status must:
(a) Submit verification of active practice from any other United States jurisdiction;
(b) Meet the requirements of chapter 246-12 WAC, Part 4.
(4) Practitioners with an inactive credential for more than three years, who have not been in active practice in another United States jurisdiction, and wish to return to active status must:
(a) Successfully complete a commission approved refresher course. The practitioner will be issued a limited educational license to enroll in the refresher course. The limited educational license is valid only while working under the direct supervision of a preceptor and is not valid for employment as a licensed practical or registered nurse;
(b) Meet the requirements of chapter 246-12 WAC, Part 4.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-120,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-340 Application requirements for ARNP. A registered nurse applicant for licensure as an ARNP shall:
(1) Submit a completed application and ((nonrefundable)) fee as
specified in WAC 246-840-990.
(2) Meet the requirements of WAC 246-840-300 and 246-840-305. The
following documents ((shall)) must be submitted as evidence to these
requirements:
(a) An official transcript received by the commission directly from the formal advanced nursing education program showing all courses, grades, degree or certificate granted, official seal and appropriate registrar or program director's signature.
(b) Program objectives and course descriptions.
(c) Documentation from program director or faculty specifying the area of specialty, unless such is clearly indicated on the official transcript.
(3) Have graduated from an advanced nursing education program, as defined in WAC 246-840-300, within five years of application; if longer than five years have practiced a minimum of one thousand five hundred hours in an expanded specialty role within five years immediately preceding application.
(4) Submit evidence of certification by a certification program approved by the commission.
(5) Persons not meeting the educational requirements in subsection (2) of this section may be licensed if:
(a) Certified prior to December 31, 1994, by a national certifying organization recognized by the commission at the time certification was granted; and
(b) Recognized as an advanced registered nurse practitioner by another jurisdiction prior to December 31, 1994; and
(c) Completed an advanced registered nurse practitioner program equivalent to one academic year.
(6) Persons not meeting the requirements in subsection (3) of this
section may be licensed following successful completion of five hundred
hours of clinical practice supervised by an advanced registered nurse
practitioner or a physician (licensed under chapter 18.71 or 18.57 RCW)
in the same specialty area. Following completion of the supervised
practice, the supervisor ((shall)) must submit an evaluation to the
commission and verify that the applicant's knowledge and skills are at
a safe and appropriate level.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-340,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-350 Application requirements for ARNP interim permit.
A registered nurse who has completed advanced formal education and
registered for a commission approved national certification examination
may be issued an interim permit to practice specialized and advanced
nursing pending notification of the results of the first certification
examination. The holder of an ARNP permit ((shall)) must use the title
graduate registered nurse practitioner (GRNP).
(1) An applicant for ARNP interim permit ((shall)) must:
(a) Submit a completed application on a form provided by the
commission accompanied by a ((nonrefundable)) fee as specified in WAC
246-840-990; and
(b) Submit documentation of completion of advanced formal education in the area of specialty; and
(c) Submit documentation of registration for the first certification examination administered by an approved certification program following completion of advanced formal education; and
(d) Hold a current license to practice as a registered nurse in Washington.
(2) The permit expires when advanced registered nurse practitioner
status is granted. If the applicant fails the examination, the interim
permit ((shall)) will expire upon notification and is not renewable.
(3) An applicant who does not write the examination on the date
scheduled ((shall)) must immediately return the permit to the department
of health.
(4) The interim permit authorizes the holder to perform the
functions of advanced and specialized nursing practice as described in
this section.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-350,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-360 Renewal of ARNP designation. ((ARNP designation
shall be renewed every two years on the ARNP's birthday.)) The applicant
((shall)) must:
(1) Maintain a current registered nurse license in Washington.
(2) Submit evidence of current certification by her/his certifying body.
(3) Provide documentation of thirty contact hours (a contact hour is fifty minutes) of continuing education during the renewal period in the area of certification derived from any combination of the following approved by the commission:
(a) Formal academic study;
(b) Continuing education offerings.
(4) Attest, on forms provided by the commission, to having a minimum
of two hundred fifty hours of specialized and advanced nursing practice
within the preceding biennium providing direct patient care services.
((The commission may perform random audits of licensee's attestations.))
(5) ((Submit a nonrefundable fee as specified. If the licensee
fails to renew his or her ARNP designation prior to the expiration date,
then the individual is subject to the late renewal fee specified in WAC
246-840-990.)) Comply with the requirements of chapter 246-12 WAC, Part
2.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-360,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-365 Return to active ARNP status from inactive or
((lapsed)) expired status. Persons on inactive or ((lapsed)) expired
status who do not hold a current active license in any other United
States jurisdiction and who wish to return to active status ((shall))
must apply for reinstatement of ARNP licensure. This requires:
(1) Current RN license in the state of Washington.
(2) Evidence of current certification by his/her certifying body.
(3) Documentation of thirty contact hours of continuing education in the area of specialty during the last two years.
(4) Two hundred fifty hours of precepted/supervised advanced clinical practice supervised by an ARNP or physician in the same specialty within the last year.
(5) If the license has been expired, meet the requirements of chapter 246-12 WAC, Part 2.
(6) If the licensee has been on inactive status, meet the requirements of chapter 246-12 WAC, Part 4.
During the time of the preceptorship, the nurse will be practicing under RN license and will not use the designation ARNP.
ARNP licensure must be reinstated before reapplying for prescriptive
authority. At that time the CE requirement will be the same as if
applying for prescriptive authority for the first time, as in WAC 246-840-410.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-365,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-410 Application requirements for ARNP with prescriptive
authority. An advanced registered nurse practitioner who applies for
authorization to prescribe drugs ((shall)) must:
(1) Be currently designated as an advanced registered nurse practitioner in Washington.
(2) Be designated by their national certifying body as:
(a) A family nurse practitioner; or
(b) A women's health care nurse practitioner; or
(c) A pediatric nurse practitioner/associate; or
(d) An adult nurse practitioner; or
(e) A geriatric nurse practitioner; or
(f) A nurse midwife; or
(g) A nurse anesthetist; or
(h) A school nurse practitioner; or
(i) A clinical specialist in psychiatric and mental health nursing; or
(j) A neonatal nurse practitioner.
(3) Provide evidence of completion of thirty contact hours of education in pharmacotherapeutics related to the applicant's scope of specialized and advanced practice and:
(a) Include pharmacokinetic principles and their clinical application and the use of pharmacological agents in the prevention of illness, restoration, and maintenance of health.
(b) Are obtained within a two-year time period immediately prior to the date of application for prescriptive authority.
(c) Are obtained from the following:
(i) Study within the advanced formal educational program; and/or
(ii) Continuing education programs.
Exceptions shall be justified to and approved by the commission.
(4) Submit a completed, notarized application on a form provided by
the commission accompanied by a ((nonrefundable)) fee as specified in WAC
246-840-990.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-410,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-440 Prescriptive authorization period. (1) Prescriptive authorization shall be for a period of two years.
(2) Initial authorization ((shall)) will expire on the applicant's
renewal date for ARNP designation.
(3) Authorization ((shall)) will be renewed after the applicant
meets the requirements of WAC 246-840-450 and chapter 246-12 WAC, Part
2.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-440,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-13-100, filed 6/18/97, effective
7/19/97)
WAC 246-840-450 Renewal. ARNP with prescriptive authorization
((shall)) must be renewed every two years. For renewal of ARNP with
prescriptive authorization, the licensee ((shall)) must:
(1) Meet the requirements of WAC 246-840-360 (1), (2), and (3).
(2) Provide documentation of fifteen additional contact hours of
continuing education during the renewal period in pharmacotherapeutics
related to licensee's scope of practice. This continuing education
((shall)) must meet the requirements of WAC 246-840-410 (3)(a) and
chapter 246-12 WAC, Part 7.
(3) Submit a completed and notarized renewal application with a
nonrefundable fee as specified in WAC 246-840-990. If the licensee fails
to renew his or her prescriptive authorization prior to the expiration
date, then the individual is subject to the late renewal fee specified
in WAC 246-840-990 and chapter 246-12 WAC, Part 2.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, 246-840-450,
filed 6/18/97, effective 7/19/97.]
AMENDATORY SECTION (Amending WSR 97-23-075, filed 11/19/97, effective
1/12/98)
WAC 246-840-990 Fees and renewal cycle. (1) Licenses for practical nurse and registered nurse must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) Licenses for advanced registered nurse must be renewed every two years on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(3) The following nonrefundable fees shall be charged by the health
professions quality assurance division of the department of health.
Persons who hold an RN and an LPN license shall be charged separate fees
for each license. Persons who are licensed as an advanced registered
nurse practitioner in more than one specialty ((shall)) will be charged
a fee for each specialty:
RN/LPN fees:
Title of Fee Fee
Application (initial or endorsement) $65.00
License renewal 50.00
Late renewal penalty 50.00
Expired license reissuance 50.00
Inactive renewal 20.00
Expired inactive license reissuance 20.00
Inactive late renewal penalty 10.00
Duplicate license 20.00
Verification of licensure/education (written) 25.00
Advanced registered nurse fees:
Title of Fee Fee
ARNP application with or without prescriptive
authority (per specialty) $65.00
ARNP renewal with or without prescriptive
authority (per specialty) 50.00
ARNP late renewal penalty (per specialty) 50.00
ARNP duplicate license (per specialty) 20.00
ARNP written verification of license (per specialty) 25.00
[Statutory Authority: Chapter 18.79 RCW. 97-23-075, 246-840-990,
filed 11/19/97, effective 1/12/98. Statutory Authority: RCW 18.79.200.
95-12-021, 246-840-990, filed 5/31/95, effective 7/1/95.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-840-100 AIDS education and training.
WAC 246-840-110 Renewal of licenses.
WAC 246-840-115 Responsibility for maintaining mailing
address.
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-841-610 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(2) Application for registration or certification. Effective
January 1, 1989 persons applying for registration or certification shall
submit, in addition to the other requirements, evidence to show
compliance with the education requirements of subsection (4). Initial
applicants may have a four month extension upon written application to
the department.
(3) 1989 Renewal of registration. Effective for the 1989 renewal
period beginning January 1, 1989 all persons making application for
registration renewal shall submit, in addition to the other requirements,
evidence to show compliance with the education requirements of subsection
(4). Persons whose 1989 registration expires on or before March 31, 1989
will, upon written application, be granted an extension to April 15,
1989, to meet the AIDS education requirement. Renewal applicants who
have documented hardship that prevents obtaining the required education
may petition for an extension.
(4) AIDS education and training.
(a) Acceptable education and training. The director will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of seven clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(b) Implementation. Effective January 1, 1989, the requirement for
registration, certification, renewal, or reinstatement of any
registration on lapsed, inactive, or disciplinary status shall include
completion of AIDS education and training. All persons affected by this
section shall show evidence of completion of an education and training
program, which meets the requirements of subsection (a).
(c) Documentation. The applicant shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete seven clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.88A.050, 18.130.050, 18.130.080 and
70.24.270. 92-02-018 (Order 224), 246-841-610, filed 12/23/91,
effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049
(Order 121), recodified as 246-841-610, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786),
308-173-100, filed 11/2/88.]
NEW SECTION
WAC 246-841-520 Expired license. (1) If the certificate has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.
(2) If the certificate has expired for over three years the practitioner must:
(a) Demonstrate competence to the standards established by the nursing care quality assurance commission;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[]
AMENDATORY SECTION (Amending WSR 96-03-051, filed 1/12/96, effective
3/1/96)
WAC 246-841-990 Nursing assistant--Fees and renewal cycle. ((The
following fees shall be charged by the professional licensing division
of the department of health:)) (1) Certificates and registrations must
be renewed every year on the practitioner's birthday as provided in
chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged for
registrations:
Title of Fee Fee
Application - registration $ 10.00
Renewal of registration 20.00
Duplicate registration 10.00
Registration late penalty 20.00
Expired registration reissuance 20.00
(3) The following nonrefundable fees will be charged for
certifications:
Application for certification 10.00
Certification renewal 20.00
Duplicate certification 10.00
Certification late penalty 20.00
Expired certificate reissuance 20.00
[Statutory Authority: Chapter 18.88A RCW. 96-03-051, 246-841-990,
filed 1/12/96, effective 3/1/96. Statutory Authority: RCW 43.70.040.
91-02-049 (Order 121), recodified as 246-841-990, filed 12/27/90,
effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094
(Order 029), 308-173-130, filed 2/7/90, effective 3/10/90. Statutory
Authority: RCW 43.24.086. 88-20-075 (Order 783), 308-173-130, filed
10/5/88.]
AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective
12/28/91)
WAC 246-843-150 Continuing education requirements to meet the
conditions of reregistration for license. (1) ((A condition of
reregistration for license shall be the requirement that the applicant
has attended board-approved courses in continuing education.)) Licensed
nursing home administrators must demonstrate completion of fifty-four
hours of continuing education every three years as provided in chapter
246-12 WAC, Part 7.
(2) ((The licensee shall present proof that fifty-four classroom
hours in approved continuing education courses have been completed during
each three-year period of licensed tenure. The first three year period
shall begin on the date of first renewal of the license, and shall
conclude the day before the third anniversary of such renewal.
Successive three year periods shall be computed in a similar fashion.
(3) There shall be no carry over of continuing education classroom
hours from any three year period to the next three year period.
(4) Applicants for renewal)) Practitioners practicing only out of
the state of Washington may petition the board for full recognition of
the continuing education requirement through fulfillment of their state
of practice's licensing and continuing education requirements with the
condition that their state has equal hours of continuing education
requirements.
[Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-150, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B),
recodified as 246-843-150, filed 3/1/91, effective 4/1/91. Statutory
Authority: RCW 18.52.100(14) and 18.52.110(2). 84-07-051 (Order PL
461), 308-54-150, filed 3/21/84. Statutory Authority: RCW 18.52.110.
80-04-069 (Order 338), 308-54-150, filed 3/26/80; Order PL 260, 308-54-150, filed 12/10/76; Order PL 107, 308-54-150, filed 3/3/71.]
AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective
12/28/91)
WAC 246-843-162 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(2) Application for licensure. Persons applying for licensure shall
submit, in addition to the other requirements, evidence to show
compliance with the education requirements of subsection (3) of this
section.
(3) AIDS education and training.
(a) Acceptable education and training. The secretary shall will
accept education and training that is consistent with the model
curriculum available from the office on AIDS. Such education and
training shall be a minimum of seven clock hours and shall include, but
is not limited to, the following: Etiology and epidemiology; testing and
counseling; infection control guidelines; clinical manifestations and
treatment; legal and ethical issues to include confidentiality; and
psychosocial issues to include special population considerations.
(b) The requirements for licensure, renewal, or reinstatement of any
license on lapsed, inactive, or disciplinary status shall include
completion of AIDS education and training. All persons affected by this
section shall show evidence of completion of an education and training
program, which meets the requirements of (a) of this subsection.
(c) Documentation. The applicant shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete seven clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.52.100 and 70.24.270. 91-24-050 (Order
217B), 246-843-162, filed 11/27/91, effective 12/28/91. Statutory
Authority: RCW 18.52.100. 91-06-060 (Order 141B), recodified as 246-843-162, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW
18.52.100(11). 88-23-038 (Order PM 791), 308-54-162, filed 11/9/88.]
AMENDATORY SECTION (Amending Order 371B, filed 6/3/93, effective 7/4/93)
WAC 246-843-180 ((Registration of)) Expired licenses. (((1) Every
person who holds a valid nursing home administrator's license, active or
inactive, shall reregister on dates specified by the secretary. Such
relicensure shall be granted upon receipt of the annual fee, and upon
fulfilling the continuing competency requirements by submitting proof of
completing fifty-four hours of continuing education as described in WAC
246-843-150.
(2) Any active or inactive license holder not relicensed will be
charged a penalty fee as set forth in WAC 246-843-990 in addition to the
annual fee and all delinquent fees that are in arrears. In the event
that the license of an individual is not relicensed within two years from
the most recent date for relicensure, such license shall lapse and the
individual must again apply for licensing and meet all the requirements
for a new applicant.)) (1) If the license has expired for three years or
less, the practitioner must meet the requirements of chapter 246-12 WAC,
Part 2.
(2) If the license has expired for over three years, the practitioner must:
(a) Reapply for licensing under current requirements;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: RCW 18.52.061. 93-13-004 (Order 371B), 246-843-180, filed 6/3/93, effective 7/4/93. Statutory Authority: RCW
18.52.100. 91-24-022 (Order 216B), 246-843-180, filed 11/25/91,
effective 12/26/91; 91-06-060 (Order 141B), recodified as 246-843-180,
filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14).
86-01-086 (Order PL 576), 308-54-180, filed 12/18/85. Statutory
Authority: RCW 18.52.100. 80-08-066 (Order 348), 308-54-180, filed
7/1/80; Order PL 260, 308-54-180, filed 12/10/76; Order PL 107, 308-54-180, filed 3/3/71.]
AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective
12/28/91)
WAC 246-843-230 Reciprocity. (((1))) The board, at its discretion,
and otherwise subject to the law pertaining to the licensing of nursing
home administrators prescribing the qualifications for a nursing home
administrator license may endorse a nursing home administrator license
issued by the proper authorities of any other state, upon payment of the
original license fee and the application fee, and upon submission of
evidence satisfactory to the board:
(((a))) (1) That such other state maintains a system and standard
of qualification and examination for a nursing home administrator
license, which are substantially equivalent to those required in this
state;
(((b))) (2) That such applicant for endorsement is examined and
successfully passes the test related to Washington state local health and
safety nursing home regulations; and
(((c))) (3) That such applicant has not had a nursing home
administrator license revoked or suspended in any state.
(((2) After meeting the preceding requirements, the applicant shall
submit the original license fee and is subject to annual renewals and
late renewal penalty fees.))
[Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-230, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B),
recodified as 246-843-230, filed 3/1/91, effective 4/1/91. Statutory
Authority: RCW 18.52.100(14). 87-02-008 (Order PM 633), 308-54-230,
filed 12/29/86; Order PL 107, 308-54-230, filed 3/3/71.]
AMENDATORY SECTION (Amending Order 217B, filed 11/27/91, effective
12/28/91)
WAC 246-843-330 Inactive ((status)) credential. ((A nursing home
administrator in good standing may place his or her license on inactive
status by giving written notice to the secretary. To maintain an
inactive license status, the yearly inactive license fee shall be paid
by the licensee. The secretary shall determine fees as provided in RCW
43.70.250. The licensee may resume active practice by submitting proof
of maintenance of continuing education requirements and payment of
current licensing fee. A person whose license is on inactive status
shall not practice as a nursing home administrator until his or her
license is activated.)) A practitioner may obtain an inactive credential.
Refer to the requirements of chapter 246-12 WAC, Part 4.
[Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-330, filed 11/27/91, effective 12/28/91; 91-06-059 (Order 149B), 246-843-330, filed 3/1/91, effective 4/1/91.]
AMENDATORY SECTION (Amending WSR 94-09-006, filed 4/11/94, effective
5/12/94)
WAC 246-843-990 Nursing home administrator fees and renewal cycle.
((The following fees shall be charged by the health professions quality
assurance division of the department of health:)) (1) Licenses must be
renewed every year on the practitioner's birthday as provided in chapter
246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
Application (examination
and original license) (([$])) $325.00
Reexamination (partial) 125.00
Application - Reciprocity 295.00
Temporary permit 190.00
Renewal 295.00
Inactive license renewal 110.00
Late renewal penalty 145.00
Expired license reissuance 147.50
Late renewal penalty - inactive 55.00
Expired inactive license reissuance 55.00
Duplicate license 15.00
Certification of license 15.00
Administrator-in-training 100.00
[Statutory Authority: RCW 43.70.250 and chapter 18.52 RCW. 94-09-006,
246-843-990, filed 4/11/94, effective 5/12/94. Statutory Authority:
RCW 43.70.250. 93-14-011, 246-843-990, filed 6/24/93, effective
7/25/93; 91-09-051 (Order 154), 246-843-990, filed 4/16/91, effective
5/17/91. Statutory Authority: RCW 43.70.040. 91-06-058 (Order 138),
recodified as 246-843-990, filed 3/1/91, effective 4/1/91. Statutory
Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-54-315, filed
2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), 308-54-315, filed 8/27/87. Statutory Authority:
1983 c 168 12. 83-17-031 (Order PL 442), 308-54-315, filed 8/10/83.
Formerly WAC 308-54-310.]
NOTES:
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules, and deems
ineffectual changes not filed by the agency in this manner. The
bracketed material in the above section does not appear to conform to the
statutory requirement.
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-843-155 Certification of compliance.
WAC 246-843-160 Licenses.
WAC 246-843-250 Duplicate licenses.
WAC 246-843-320 Renewal of licenses.
AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective
7/25/93)
WAC 246-845-990 Nursing pool fees and renewal cycle. ((The
following fees shall be charged by the professional licensing division
of the department of health.)) (1) Registrations must be renewed every
year on the date of original issuance as provided in chapter 246-12 WAC,
Part 3.
(2) The following nonrefundable fees will be charged:
Title Fee
Registration application $175.00
Registration renewal 185.00
Late renewal penalty 185.00
Duplicate registration 25.00
Registration certification 25.00
[Statutory Authority: RCW 43.70.250. 93-14-011, 246-845-990, filed
6/24/93, effective 7/25/93; 91-13-002 (Order 173), 246-845-990, filed
6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-845-990, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029),
308-310-010, filed 2/7/90, effective 3/10/90. Statutory Authority:
RCW 43.24.086. 88-20-076 (Order 784), 308-310-010, filed 10/5/88.]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 246-845-100 Renewal of registration.
AMENDATORY SECTION (Amending Order 394B, filed 9/1/93, effective 10/2/93)
WAC 246-847-055 Initial application for individuals who have not
practiced within the past four years. (1) Any initial applicant who has
not been actively engaged in the practice of occupational therapy within
the past four years shall provide, in addition to the requirements for
licensure as specified in RCW 18.59.050 and WAC ((246-847-200)) 246-847-190:
(a) Evidence of having successfully completed an approved occupational therapy or occupational therapy assistant program within the past four years and documentation of thirty hours of continued competency as described in WAC 246-847-065 for the previous two-year period; or
(b) Evidence of having passed the examination as defined in WAC 246-847-080 within the previous two-year period and documentation of thirty hours of continued competency as described in WAC 246-847-065 for the previous two year-period; or
(c) Evidence of having successfully completed a board approved educational program specifically designed for occupational therapists or occupational therapy assistants preparing for re-entry into the field of occupational therapy.
(2) The applicant may be required to appear before the board for
oral interview.
[Statutory Authority: RCW 18.59.130. 93-18-093 (Order 394B), 246-847-055, filed 9/1/93, effective 10/2/93.]
AMENDATORY SECTION (Amending Order 300B, filed 8/24/92, effective 9/24/92 WAC 246-847-065 Continued competency. ((Beginning January 1, 1993,
evidence of continued competency completed after January 1, 1991, for the
practice of occupational therapy shall include a minimum of thirty
contact hours of continuing education for each two-year license renewal
period. The thirty contact hours may be obtained through two or more of
the following methods which have specified goals and objectives relating
to the practice of occupational therapy as defined in RCW 18.59.020 and
WAC 246-847-010; inservices, coursework, conferences, workshops, peer
reviewed self study, presentations, or publications.)) Licensed
occupational therapists must complete thirty hours of continuing
education every two years as required in chapter 246-12 WAC, Part 7.
[Statutory Authority: RCW 18.59.130. 92-18-015 (Order 300B), 246-847-065, filed 8/24/92, effective 9/24/92; 91-11-064 (Order 171B), 246-847-065, filed 5/16/91, effective 6/16/91; 91-05-027 (Order 112B), recodified
as 246-847-065, filed 2/12/91, effective 3/15/91; 90-22-011 (Order
094), 308-171-041, filed 10/26/90, effective 11/26/90.]
AMENDATORY SECTION (Amending WSR 94-20-036, filed 9/28/94, effective
10/29/94)
WAC 246-847-068 ((Renewal of)) Expired license. (((1) The license
of any occupational therapist or occupational therapy assistant who has
neither placed his or her license on inactive status as described in WAC
246-847-070 nor been actively engaged in the practice of occupational
therapy in another jurisdiction and fails to renew the license by the
date set by the secretary for renewal shall automatically expire. The
licensee may, within four years from the date of expiration, request the
license be renewed upon payment of the renewal and late renewal fees
determined by the secretary and completion of continued competency
requirements as specified in WAC 246-847-065.
(2) If a license has expired for four years or more, the license may
be renewed under the following conditions:
(a) Submission of a written application to the board on forms
provided by the secretary together with:
(b) Evidence of having been employed as an occupational therapist
or occupational therapy assistant in another jurisdiction during the
period of lapse;
(c) Renewal and late fees; and
(d) Evidence of having passed the examination as defined in WAC 246-847-080 within the previous two-year period and documentation of thirty
hours of continued competency as described in WAC 246-847-065 for the
previous two-year period; or
(e) Evidence of having successfully completed a board approved
educational program specifically designed for occupational therapists or
occupational therapy assistants preparing for reentry into the field of
occupational therapy.
(3) The applicant may be required to appear before the board for
oral interview.)) (1) If the license has expired for three years or less,
the practitioner must meet the requirements of chapter 246-12 WAC, Part
2.
(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:
(a) Submit verification of active practice from any other United States jurisdiction;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:
(a) Either provide evidence of having passed the examination as defined in WAC 246-847-080 within the previous two-year period or provide evidence of successfully completing a board-approved educational program specifically designed for occupational therapists or occupational therapy assistants preparing for reentry into the field of occupational therapy;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: RCW 18.59.130. 94-20-036, 246-847-068, filed
9/28/94, effective 10/29/94; 93-18-093 (Order 394B), 246-847-068, filed
9/1/93, effective 10/2/93.]
AMENDATORY SECTION (Amending Order 394B, filed 9/1/93, effective 10/2/93)
WAC 246-847-070 Inactive ((status)) credential. ((An occupational
therapist or occupational therapy assistant, in good standing, may place
his or her license on inactive status by giving written notice to the
secretary, and may within two years thereafter resume active practice
upon payment of a late renewal fee and by completion of the continued
competency requirements as specified in WAC 246-847-065. A license may
be reinstated after a period of inactive status of up to four years, with
proof of completion of continued competency within two years prior to
reactivation and payment of a late renewal fee. A license may be
reinstated after a period of inactive status of more than four years
under such circumstances as the secretary determines with the advice of
the board. A person whose license is on inactive status shall not
practice as an occupational therapist or occupational therapy assistant
until his or her license is activated.)) A practitioner may obtain an
inactive credential. Refer to the requirements of chapter 246-12 WAC,
Part 4.
[Statutory Authority: RCW 18.59.130. 93-18-093 (Order 394B), 246-847-070, filed 9/1/93, effective 10/2/93; 91-05-027 (Order 112B), recodified
as 246-847-070, filed 2/12/91, effective 3/15/91; 90-22-011 (Order
094), 308-171-045, filed 10/26/90, effective 11/26/90. Statutory
Authority: RCW 18.59.090(3). 86-21-026 (Order PM 620), 308-171-045,
filed 10/8/86.]
AMENDATORY SECTION (Amending WSR 94-20-036, filed 9/28/94, effective
10/29/94)
WAC 246-847-190 AIDS education and training. (((1) "Acquired
immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.
(2) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(3) Acceptable education and training. The department of health
will accept education and training that is consistent with the model
curriculum available from the office on AIDS. Such education and
training shall be a minimum of six clock hours and shall include, but is
not limited to, the following: Etiology and epidemiology; testing and
counseling; infection control guidelines; clinical manifestations and
treatment; legal and ethical issues to include confidentiality; and
psychosocial issues to include special population considerations.
(4) Implementation. Effective February 1, 1989, the requirement for
licensing application, renewal, or reinstatement of any license on
lapsed, inactive, or disciplinary status shall include completion of AIDS
education and training. All persons affected by this section shall show
evidence of completion of an education and training program, which meets
the requirements of subsection (3) of this section.
(5) Documentation. The licensee shall:
(a) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987, and before the renewal
date or December 31, 1989, whichever date is earlier;
(b) Keep records for two years documenting attendance and
description of the learning; and
(c) Be prepared to validate, through submission of these records,
that learning has taken place.)) Applicants must complete six clock hours
of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.59.130. 94-20-036, 246-847-190, filed
9/28/94, effective 10/29/94; 91-05-027 (Order 112B), recodified as 246-847-190, filed 2/12/91, effective 3/15/91; 90-22-011 (Order 094), 308-171-320, filed 10/26/90, effective 11/26/90. Statutory Authority: RCW
18.59.130 and 18.130.050. 89-01-081 (Order PM 805), 308-171-320, filed
12/20/88.]
AMENDATORY SECTION (Amending WSR 94-22-055, filed 11/1/94, effective
1/1/95)
WAC 246-847-990 Occupational therapy fees and renewal cycle. ((The
following fees shall be charged by the professional licensing division
of the department of health:)) (1) Licenses must be renewed every two
years on the practitioner's birthday as provided in chapter 246-12 WAC,
Part 2.
(2) The following nonrefundable fees will be charged for
occupational therapist:
Title of Fee Fee
((Occupational therapist:))
Application fee (((nonrefundable))) $ 90.00
Initial license 80.00
License renewal 125.00
Limited permit fee 40.00
Late renewal fee 60.00
Expired license reissuance 62.50
Inactive license 5.00
Expired inactive license reissuance 5.00
Duplicate 15.00
Certification of license 25.00
(3) The following nonrefundable fees will be charged for occupational therapy assistant:
Application fee (((nonrefundable))) 90.00
Initial license 80.00
License renewal 95.00
Late renewal fee 60.00
Expired license reissuance 50.00
Inactive license 5.00
Expired inactive license reissuance 5.00
Limited permit fee 40.00
Duplicate 15.00
Certification of license 25.00
[Statutory Authority: RCW 43.70.250 and chapters 18.57, 18.57A, 18.22
and 18.59 RCW. 94-22-055, 246-847-990, filed 11/1/94, effective
1/1/95. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173),
246-847-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW
43.70.040. 91-05-030 (Order 135), recodified as 246-847-990, filed
2/12/91, effective 3/15/91. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-171-310, filed 5/1/87.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-847-060 License renewal registration date and fee.
WAC 246-847-200 Application for licensure.
AMENDATORY SECTION (Amending Order 224, filed 12/23/91, effective 1/23/92 WAC 246-849-110 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(2) Application for licensure. Persons applying for licensure shall
submit, in addition to the other requirements, evidence to show
compliance with the education requirements of subsection (3) of this
section.
(3) AIDS education and training.
(a) Acceptable education and training. The secretary will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of four clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; infection control guidelines;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(b) Requirements for licensure, renewal, or reinstatement of any
license on lapsed, inactive, or disciplinary status shall include
completion of AIDS education and training. All persons affected by this
section shall show evidence of completion of an education and training
program, which meets the requirements of (a) of this subsection.
(c) Documentation. The applicant shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete four clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 70.24.270. 92-02-018 (Order 224), 246-849-110, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW
43.70.040. 91-02-049 (Order 121), recodified as 246-849-110, filed
12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-55-200, filed 11/2/88.]
AMENDATORY SECTION (Amending Order 355, filed 4/22/93, effective 5/23/93)
WAC 246-849-210 Registration of apprentices. (1) An applicant for apprenticeship may request registration as an apprentice by submitting to the department:
(a) An application on a form provided by the secretary;
(b) A registration fee as specified in WAC 246-849-990.
(2) Training received from more than one supervisor shall require separate applications.
(3) Only the apprenticeship training received subsequent to the date that the apprentice was formally registered with the secretary will be considered towards the required ten thousand hours necessary to sit for the examination.
(4) A registered apprentice shall notify the department in writing whenever the apprenticeship training is terminated, unless such termination is concluded by reason of the apprentice becoming licensed as an ocularist in this state.
(5) ((A registered apprentice shall notify the secretary in writing
within thirty days of any name or address change.
(6))) In order to facilitate comments on the apprentice's
performance, the apprentice registration card along with the name,
business address, and business telephone number of the apprentice's
supervisor shall be posted in public view on the premises where the
apprentice works.
(((7) An apprentice registration shall be valid for one year from
the date of registration. Each registration shall be renewed annually.))
[Statutory Authority: RCW 18.55.095. 93-10-008 (Order 355), 246-849-210, filed 4/22/93, effective 5/23/93.]
AMENDATORY SECTION (Amending Order 355, filed 4/22/93, effective 5/23/93)
WAC 246-849-220 Application for examination. (1) An individual shall make application for examination, in accordance with RCW 18.55.040, on an application form prepared by and provided by the secretary.
(2) The apprenticeship training requirement shall be supported with certification by the licensed individual (or individuals) who provided such training.
(3) ((Examination fees are not refundable.)) If an applicant is
unable to attend his or her scheduled examination, and so notifies the
department in writing at least seven days prior to the scheduled
examination date, the applicant will be rescheduled at no additional
charge. A written request received less than seven days before the test
shall be reviewed by the department to determine if the test may be
rescheduled or the fee forfeited.
(4) If an applicant takes the examination and fails to obtain a satisfactory grade, he or she may be scheduled to retake the examination by submitting an application and paying the statutory examination fee.
(5) Applications and fees for examination and all documents required in support of the application must be submitted to the division of professional licensing, department of health, at least sixty days prior to the scheduled examination. Failure to meet the deadline will result in the applicant not being scheduled until the next scheduled examination.
(6) Apprenticeship training shall be completed prior to the
application deadline.
[Statutory Authority: RCW 18.55.095. 93-10-008 (Order 355), 246-849-220, filed 4/22/93, effective 5/23/93.]
AMENDATORY SECTION (Amending Order 355, filed 4/22/93, effective 5/23/93)
WAC 246-849-260 ((Active retired license.)) Retired active
credential. (((1) A person holding a current Washington state ocularist
license who wishes to practice only in emergency or intermittent
circumstances may apply for a retired active license if that person:
(a) Resides in another state and practices no more than sixty days
each year in Washington state;
(b) Resides in this state but practices no more than sixty days each
year;
(c) Does not wish to practice on an intermittent basis but is
available to practice for an extended period of time for the purposes of
providing his or her professional services in emergency circumstances
such as times of declared war or other states of emergency.
(2) An individual requesting a retired active license status shall
submit a letter notifying the department of his or her intent to practice
only on an intermittent or emergency basis. Active retired licenses will
not be retroactively issued for prior years.
(3) An active retired license is subject to annual renewal and
penalty for late renewal as established in RCW 18.55.050 and WAC 246-849-980. Subsequent to being issued a retired active license, the licensee
shall report, with the annual renewal, the dates and circumstances under
which the licensee practiced during the previous year.
(4) To reinstate the license to an active license status the
licensee shall notify the department in writing five days in advance of
the change and pay a reinstatement fee as specified in WAC 246-849-990.
(5) Individuals on a retired active license status are subject to
chapter 18.130 RCW to the same extent as individuals holding an active
license.)) A practitioner may obtain a retired active credential. Refer
to the requirements of chapter 246-12 WAC, Part 5.
[Statutory Authority: RCW 18.55.095. 93-10-008 (Order 355), 246-849-260, filed 4/22/93, effective 5/23/93.]
AMENDATORY SECTION (Amending WSR 93-14-011, filed 6/24/93, effective
7/25/93)
WAC 246-849-990 Ocularist fees and renewal cycle. ((The following
fees shall be charged by the professional licensing division of the
department of health:)) (1) Licenses must be renewed every year on the
practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
Application and examination $250.00
Renewal 500.00
Late renewal penalty 175.00
Expired license reissuance 250.00
Duplicate license 25.00
Certification of license 25.00
Apprentice registration 25.00
Apprentice renewal 25.00
Temporary practice permit 25.00
((Active)) Retired active license 100.00
[Statutory Authority: RCW 43.70.250. 93-14-011, 246-849-990, filed
6/24/93, effective 7/25/93; 92-02-018 (Order 224), 246-849-990, filed
12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-849-990, filed 12/27/90,
effective 1/31/91. Statutory Authority: RCW 43.24.086. 87-18-031
(Order PM 667), 308-55-025, filed 8/27/87. Statutory Authority: 1983
c 168 12. 83-17-031 (Order PL 442), 308-55-025, filed 8/10/83.
Formerly WAC 308-55-010.]
NEW SECTION
WAC 246-849-995 Conversion to a birthday renewal cycle. (1) The annual license renewal date is changed to coincide with the practitioner's birthday.
(2) Renewal fees will be prorated during the transition period while renewal dates are changed to coincide with the practitioner's birthday.
(3) After the initial conversion to a staggered system,
practitioners will annually renew their license on their birthday at the
current renewal rate.
[]
AMENDATORY SECTION (Amending WSR 97-12-088, filed 6/4/97, effective
7/5/97)
WAC 246-851-090 Continuing education requirement. (1) ((All
optometrists licensed in Washington shall complete fifty hours of
continuing education every two-years beginning at the first license
renewal following initial licensure, except:)) Licensed optometrists must
complete fifty hours of continuing education every two years as required
in chapter 246-12 WAC, Part 7.
(2) In lieu of this requirement, licensees practicing solely outside of Washington may meet the continuing education requirements of the state or territory in which they practice.
(((2) Every two years, as part of the license renewal process, a
licensee must certify that he or she have met the continuing education
requirements and have documentation that will be furnished upon request.
(3) Licensees must maintain documentation of continuing education
activities.
(4) When requested by the board, a licensee must submit
documentation of completion of continuing education activities.))
[Statutory Authority: RCW 18.54.070(2). 97-12-088, 246-851-090, filed
6/4/97, effective 7/5/97. Statutory Authority: RCW 18.54.070. 92-06-030 (Order 248B), 246-851-090, filed 2/26/92, effective 3/28/92; 91-06-025 (Order 119B), recodified as 246-851-090, filed 2/26/91, effective
3/29/91; 88-07-047 (Order PM 710), 308-53-100, filed 3/11/88.
Statutory Authority: RCW 18.54.070(5). 80-01-088 (Order PL 326), 308-53-100, filed 12/28/79; Order PL 239, 308-53-100, filed 3/3/76.]
AMENDATORY SECTION (Amending Order 210B, filed 11/1/91, effective 12/2/91 WAC 246-851-430 AIDS prevention and information education
requirements. (((1) Definitions.
(a) "Acquired immunodeficiency syndrome" or "AIDS" means the
clinical syndrome of HIV-related illness as defined by the board of
health by rule.
(b) "Office on AIDS" means that section within the department of
social and health services or any successor department with jurisdiction
over public health matters as defined in chapter 70.24 RCW.
(2) Application for licensure. Effective July 1, 1989 persons who
submit an application for licensure shall submit, prior to being granted
a license and in addition to the other requirements, evidence to show
compliance with the educational requirements of subsection (3) of this
section.
(3) AIDS education and training.
(a) Acceptable education and training. The board will accept
education and training that is consistent with the topical outline
supported by the office on AIDS. Such education and training shall be
a minimum of four clock hours regarding the prevention, transmission and
treatment of AIDS, and may include, but is not limited to, the following:
Etiology and epidemiology; testing and counseling; infection control
guidelines; clinical manifestations and treatment; legal and ethical
issues to include confidentiality; and psychosocial issues to include
special population considerations.
(b) Implementation. The requirements for licensure, renewal, or
reinstatement of any license on lapsed, inactive, or disciplinary status
shall include completion of AIDS education and training. All persons
affected by this section shall show evidence of completion of an
education and training program, which meets the requirements of (a) of
this subsection.
(c) Documentation. The licensee or applicant for licensure shall:
(i) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987;
(ii) Keep records for two years documenting attendance and
description of the learning;
(iii) Be prepared to validate, through submission of these records,
that attendance has taken place.)) Applicants must complete four clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.54.070 and 70.24.270. 91-22-061 (Order
210B), 246-851-430, filed 11/1/91, effective 12/2/91. Statutory
Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified as 246-851-430, filed 2/26/91, effective 3/29/91. Statutory Authority: 1988
c 206 604. 89-09-027 (Order 833), 308-53-400, filed 4/13/89.]
AMENDATORY SECTION (Amending WSR 96-20-088, filed 10/1/96, effective
11/1/96)
WAC 246-851-990 Optometry fees and renewal cycle. ((The following
fees shall be charged by the professional licensing division of the
department of health:)) (1) Licenses must be renewed every year on the
practitioner's birthday as provided in chapter 246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged:
Title of Fee Fee
Application((--Nonrefundable)) $250.00
Out-of-state seminar 100.00
License renewal 160.00
Late renewal 45.00
Expired license reissuance 80.00
Duplicate license 15.00
Certification of license 25.00
[Statutory Authority: RCW 43.70.250. 96-20-088, 246-851-990, filed
10/1/96, effective 11/1/96; 95-14-111, 246-851-990, filed 6/30/95,
effective 7/31/95; 92-23-006 (Order 311), 246-851-990, filed 11/5/92,
effective 12/6/92; 92-06-029 (Order 246), 246-851-990, filed 2/26/92,
effective 3/28/92. Statutory Authority: RCW 43.70.250. 91-13-002
(Order 173), 246-851-990, filed 6/6/91, effective 7/7/91. Statutory
Authority: RCW 43.70.040. 91-06-028 (Order 137), recodified as 246-851-990, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW
43.24.086. 87-10-028 (Order PM 650), 308-53-020, filed 5/1/87.
Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-53-020, filed 8/10/83. Formerly WAC 308-53-310.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-851-020 Renewal of licenses.
WAC 246-851-100 Credit hour defined.
WAC 246-851-220 Surplus credit hours
WAC 246-851-240 Discretionary exception for emergency situation.
WAC 246-851-510 Reinstatement of lapsed license.
AMENDATORY SECTION (Amending Order 303B, filed 9/23/92, effective
10/24/92)
WAC 246-853-045 Inactive ((license and reactivation)) credential.
((A licensee may request his or her license be placed on inactive status.
An inactive license does not authorize the licensee to practice in
Washington.
A license shall be maintained on the inactive status by payment of
the inactive renewal fee annually and verification of compliance with the
continuing education requirements established by the board.
An inactive license may be reactivated by payment of fees determined
by the secretary of health as provided in RCW 43.70.250. The licensee
must provide verification that no action has been taken by a state or
federal jurisdiction or hospital which would prevent or restrict the
licensee's practice of osteopathic medicine and surgery and that he or
she has not voluntarily given up any license or privilege or been
restricted in the practice of osteopathic medicine and surgery in lieu
of or to avoid formal action.)) A practitioner may obtain an inactive
credential. Refer to the requirements of chapter 246-12 WAC, Part 4.
[Statutory Authority: RCW 18.57.005 and chapter 18.57 RCW. 92-20-001
(Order 303B), 246-853-045, filed 9/23/92, effective 10/24/92.]
AMENDATORY SECTION (Amending Order 100B, filed 12/3/90, effective 1/31/91 WAC 246-853-060 Continuing professional education required. (((1)
The board requires one hundred fifty credit hours of continuing
professional education every three years.
(2) In case licensees fail to meet the requirements because of
illness, retirement (with no further provision of osteopathic medical
services to consumers), or other extenuating circumstances, each case
will be considered by the board on an individual basis. When
circumstances justify it, the board may grant an extension of time or a
change in requirements. In the case of a permanent retirement or
illness, the board may grant indefinite waiver of continuing education
as a requirement for relicensure, provided an affidavit is received
indicating that the osteopathic physician and surgeon is not providing
osteopathic medical service to consumers. If such permanent retirement
or illness status is changed or osteopathic medical services are resumed,
it is incumbent upon the licensee to immediately notify the board and
show proof of practice competency as determined necessary by the board.))
[Statutory Authority: RCW 18.57.005. 90-24-055 (Order 100B), recodified
as 246-853-060, filed 12/3/90, effective 1/31/91. Statutory Authority:
RCW 18.57.005, 18.57A.020 and 18.57A.070. 84-05-011 (Order PL 457),
308-138-200, filed 2/7/84. Statutory Authority: 1979 c 117 3(4). 79-12-066 (Order 324), 308-138-200, filed 11/29/79.]
AMENDATORY SECTION (Amending Order 100B, filed 12/3/90, effective 1/31/91 WAC 246-853-080 ((Certification of compliance.)) Continuing
education. (1) ((In conjunction with the application for renewal of
licensure, a licensee shall submit an affidavit of compliance with the
one hundred fifty hour continuing professional education requirement on
a form supplied by the board.
(2) The board reserves the right to require a licensee to submit
evidence in addition to the affidavit to demonstrate compliance with the
one hundred fifty hour continuing professional education requirement.
Accordingly, it is the responsibility of a licensee to maintain evidence
of such compliance.
(3))) Licensed osteopathic physicians and surgeons must complete one
hundred fifty hours of continuing education every three years as required
in chapter 246-12 WAC, Part 7.
(2) Certification of compliance with the requirement for continuing medical education of the American Osteopathic Association, or receipt of the AMA physicians recognitions award or a current certification of continuing medical education from medical practice academies shall be deemed sufficient to satisfy the requirements of these regulations.
(((4))) (3) Original certification or recertification within the
previous six years by a specialty board will be considered as evidence
of equivalent compliance with these continuing professional education
requirements.
[Statutory Authority: RCW 18.57.005. 90-24-055 (Order 100B), recodified
as 246-853-080, filed 12/3/90, effective 1/31/91. Statutory Authority:
1979 c 117 3(4). 79-12-066 (Order 324), 308-138-220, filed
11/29/79.]
AMENDATORY SECTION (Amending Order 199B, filed 9/30/91, effective
10/31/91)
WAC 246-853-210 Expired license ((reinstatement after lapse of
licensure for failure to renew)). (((1) An active license that has been
expired for less than one year may be brought current by payment of the
renewal and penalty fees and completion of the continuing education, if
due.
(2) Any osteopathic physician and surgeon whose license has been
expired for one year or more must pay the current fee for original
application and apply for reinstatement on an application form provided
by the board. The application will include an explanation for the
license lapse and a chronology of the applicant's activities since first
licensed. A statement outlining the continuing education acquired in the
three years immediately preceding the request for reinstatement must be
submitted for the board's review and approval.
(3) All applications for reinstatement will be reviewed and must be
approved by the board. The board may require reexamination or a physical
and/or mental evaluation of an applicant to confirm fitness for
practice.)) (1) If the license has expired for three years or less, the
practitioner must meet the requirements of chapter 246-12 WAC, Part 2.
(2) If the license has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:
(a) Submit verification of active practice from any other United States jurisdiction;
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
(3) If the license has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner:
(a) May be required to be reexamined as provided in RCW 18.57.080;
(b) Must meet the requirements of chapter 246-12 WAC, Part 2.
[Statutory Authority: RCW 18.57.005. 91-20-120 (Order 199B), 246-853-210, filed 9/30/91, effective 10/31/91; 90-24-055 (Order 100B),
recodified as 246-853-210, filed 12/3/90, effective 1/31/91. Statutory
Authority: RCW 18.57.005 and 18.130.070. 87-11-062 (Order PM 651),
308-138-330, filed 5/20/87. Statutory Authority: RCW 18.57.005 and
18.57A.020. 82-17-005 (Order PL 402), 308-138-330, filed 8/5/82.]
AMENDATORY SECTION (Amending Order 199B, filed 9/30/91, effective
10/31/91)
WAC 246-853-230 AIDS education and training. (((1) "Acquired
immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.
(2) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(3) Acceptable education and training. The department will accept
education and training that is consistent with the model curriculum
available from the office on AIDS. Such education and training shall be
a minimum of seven clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(4) Implementation. Effective January 1, 1989, the requirement for
licensure application, renewal, or reinstatement of any license on
lapsed, inactive, or disciplinary status shall include completion of AIDS
education and training. All persons affected by this section shall show
evidence of completion of an education and training program, which meets
the requirements of subsection (3) of this section.
(5) Documentation. The license holder shall:
(a) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987, and before the renewal
date or December 31, 1989, whichever date is earlier;
(b) Keep records for two years documenting attendance and
description of the learning; and
(c) Be prepared to validate, through submission of these records,
that learning has taken place.)) Applicants must complete seven clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.57.005. 91-20-120 (Order 199B), 246-853-230, filed 9/30/91, effective 10/31/91; 90-24-055 (Order 100B),
recodified as 246-853-230, filed 12/3/90, effective 1/31/91. Statutory
Authority: 1988 c 206 604. 88-23-124 (Order PM 801), 308-138-350,
filed 11/23/88.]
AMENDATORY SECTION (Amending WSR 94-22-055, filed 11/1/94, effective
1/1/95)
WAC 246-853-990 Osteopathic fees and renewal cycle. ((The
following fees shall be charged by the professional licensing division
of the department of health:)) (1) Licenses must be renewed every year
on the practitioner's birthday as provided in chapter 246-12 WAC, Part
2, except postgraduate training licenses.
(2) Postgraduate training licenses must be renewed every year to correspond to program dates.
(3) The following nonrefundable fees will be charged for osteopath:
Title of Fee Fee
((Osteopath:))
Renewal $360.00
Certification of license 25.00
(4) The following nonrefundable fees will be charged for osteopathic
physician:
Endorsement application 500.00
License renewal 360.00
Inactive license renewal 250.00
Late renewal penalty 50.00
Expired license reissuance 180.00
Inactive license reinstatement 360.00
Expired inactive license reissuance 125.00
Endorsement/state exam application 500.00
Reexam 100.00
Certification of license 25.00
Limited license application 250.00
Limited license renewal 205.00
Temporary permit application 50.00
Impaired program surcharge 15.00
(5) The following nonrefundable fees will be charged for osteopathic
physician assistant:
Application 150.00
Renewal 50.00
Expired license reissuance 50.00
Certification of license 25.00
Practice plan 50.00
Impaired program surcharge 15.00
[Statutory Authority: RCW 43.70.250 and chapters 18.57, 18.57A, 18.22 and 18.59 RCW. 94-22-055, 246-853-990, filed 11/1/94, effective 1/1/95. Statutory Authority: RCW 43.70.250. 92-14-054 (Order 281), 246-853-990, filed 6/25/92, effective 7/26/92; 91-21-034 (Order 200), 246-853-990, filed 10/10/91, effective 11/10/91; 91-13-002 (Order 173), 246-853-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-853-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-138-080, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-138-080, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-138-080, filed 8/10/83. Formerly WAC 308-138-060.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 246-853-040 Renewal of licenses.
WAC 246-853-240 Application for registration.
WAC 246-853-270 Renewal expiration date.
WAC 246-853-275 Change of mailing address and notice of
official documents.
AMENDATORY SECTION (Amending WSR 93-24-028, filed 11/22/93, effective
12/23/93)
WAC 246-854-050 AIDS education and training. (((1) "Acquired
immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.
(2) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(3) Acceptable education and training. The department will accept
education and training that is consistent with the model curriculum
available from the office on AIDS. Such education and training shall be
a minimum of seven clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(4) Implementation. Effective January 1, 1989, the requirement for
license application, renewal, or reinstatement of any license on lapsed,
inactive, or disciplinary status shall include completion of AIDS
education and training. All persons affected by this section shall show
evidence of completion of an education and training program, which meets
the requirements of subsection (3) of this section.
(5) Documentation. The license holder shall:
(a) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987, and before the renewal
date or December 31, 1989, whichever date is earlier;
(b) Keep records for two years documenting attendance and
description of the learning; and
(c) Be prepared to validate, through submission of these records,
that learning has taken place.)) Applicants must complete seven clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.
[Statutory Authority: RCW 18.57.005. 93-24-028, 246-854-050, filed
11/22/93, effective 12/23/93; 91-20-120 (Order 199B), 246-854-050,
filed 9/30/91, effective 10/31/91; 90-24-055 (Order 100B), recodified as
246-854-050, filed 12/3/90, effective 1/31/91. Statutory Authority:
1988 c 206 604. 88-23-124 (Order PM 801), 308-138A-040, filed
11/23/88.]
AMENDATORY SECTION (Amending WSR 94-15-068, filed 7/19/94, effective
8/19/94)
WAC 246-854-080 Osteopathic physician assistant licensure. (((1)
Applications. All applications shall be made to the board on forms
supplied by the board.
(2))) The application shall detail the education, training, and
experience of the osteopathic physician assistant and provide such other
information as may be required. The application shall be accompanied by
a fee determined by the secretary as provided in RCW 43.70.250. Each
applicant shall furnish proof satisfactory to the board of the following:
(((a))) (1) That the applicant has completed an accredited physician
assistant program approved by the board and is eligible to take the
National Commission on Certification of Physician Assistants examination;
(((b))) (2) That the applicant has not committed unprofessional
conduct as defined in RCW 18.130.180; and
(((c))) (3) That the applicant is physically and mentally capable
of practicing as an osteopathic physician assistant with reasonable skill
and safety.
(((3) The license shall be renewed on a periodic basis as determined
by the secretary of the department of health under RCW 43.70.280. The
renewal shall include a completed renewal application and payment of a
fee, in addition to any late penalty fee, determined by the secretary as
provided in RCW 43.70.250.
(4) Effective with the July 1, 1995, renewal period, the annual
license renewal date for osteopathic physician assistants will be changed
to coincide with the licensee's birthdate. Conversion will be
accomplished as follows:
(a) Current licensees, as of June 30, 1995, desiring to renew their
license will be required to pay the renewal fee plus one-twelfth of that
amount for each month, or fraction thereof, in order to extend their
license renewal to expire on their next birth anniversary date following
June 30, 1996.
(b) On or after July 1, 1995, all new or initial osteopathic
physician assistant licenses issued will expire on the applicant's next
anniversary date.
(5) After this conversion to a staggered renewal system, licensees
may annually renew their license from birth anniversary date to the next
birth anniversary date.))
[Statutory Authority: RCW 18.57.005 and 18.130.050. 94-15-068, 246-854-080, filed 7/19/94, effective 8/19/94. Statutory Authority: RCW
18.57.005. 93-24-028, 246-854-080, filed 11/22/93, effective 12/23/93;
90-24-055 (Order 100B), recodified as 246-854-080, filed 12/3/90,
effective 1/31/91. Statutory Authority: RCW 18.57.005(2). 89-22-065
(Order PM 863), 308-138A-070, filed 10/31/89, effective 12/1/89.]
AMENDATORY SECTION (Amending WSR 93-24-028, filed 11/22/93, effective
12/23/93)
WAC 246-854-110 Osteopathic physician assistant continuing
education required. (1) ((The board requires fifty credit hours of
continuing education every year.
(a) In conjunction with the application for renewal of licensure,
a licensee shall submit an affidavit of compliance with the fifty hour
continuing education requirement on a form supplied by the board. The
continuing education requirement shall be completed prior to issuance of
the renewal license.
(b) The board reserves the right to require a licensee to submit
evidence, in addition to the affidavit, to demonstrate compliance with
the fifty hour continuing education requirement. Accordingly, it is the
responsibility of a licensee to maintain evidence of such compliance.
(c))) Licensed osteopathic physician assistants must complete fifty
hours of continuing education as required in chapter 246-12 WAC, Part 7.
(2) Certification of compliance with the requirement for continuing education of the American Osteopathic Association, Washington State Osteopathic Association, National Commission on Certification of Physician Assistants, Washington Academy of Physician Assistants, American Academy of Physician's Assistants, and the American Medical Association, or a recognition award or a current certification of continuing education from medical practice academies shall be deemed sufficient to satisfy the requirements of these regulations.
(((2) In case licensees fail to meet the requirements because of
illness, retirement (with no further provision of osteopathic medical
services to consumers), or other extenuating circumstances, each case
will be considered by the board on an individual basis. When
circumstances justify it, the board may grant an extension of time or a
change in requirements.))
(3) In the case of a permanent retirement or illness, the board may grant indefinite waiver of continuing education as a requirement for licensure, provided an affidavit is received indicating that the osteopathic physician assistant is not providing osteopathic medical services to consumers. If such permanent retirement or illness status is changed or osteopathic medical services are resumed, it is incumbent upon the licensee to immediately notify the board and show proof of practice competency as determined necessary by the board.
(((3))) (4) Prior approval not required.
(a) The Washington state board of osteopathic medicine and surgery does not approve credits for continuing education. The board will accept any continuing education that reasonably falls within these regulations and relies upon each individual osteopathic physician assistant's integrity in complying with this requirement.
(b) Continuing education program sponsors need not apply for nor
expect to receive prior board approval for continuing education programs.
The continuing education category will depend solely upon the
determination of the accrediting organization or institution. The number
of creditable hours may be determined by counting the contact hours of
instruction and rounding to the nearest quarter hour.
[Statutory Authority: RCW 18.57.005. 93-24-028, 246-854-110, filed
11/22/93, effective 12/23/93.]
AMENDATORY SECTION (Amending Order 199B, filed 9/30/91, effective
10/31/91)
WAC 246-855-100 AIDS education and training. (((1) "Acquired
immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.
(2) "Office on AIDS" means that section within the department of
health or any successor department with jurisdiction over public health
matters as defined in chapter 70.24 RCW.
(3) Acceptable education and training. The department will accept
education and training that is consistent with the model curriculum
available from the office on AIDS. Such education and training shall be
a minimum of seven clock hours and shall include, but is not limited to,
the following: Etiology and epidemiology; testing and counseling;
infection control guidelines; clinical manifestations and treatment;
legal and ethical issues to include confidentiality; and psychosocial
issues to include special population considerations.
(4) Implementation. Effective January 1, 1989, the requirement for
registration application, renewal, or reinstatement of any registration
on lapsed, inactive, or disciplinary status shall include completion of
AIDS education and training. All persons affected by this section shall
show evidence of completion of an education and training program, which
meets the requirements of subsection (3) of this section.
(5) Documentation. The registration holder shall:
(a) Certify, on forms provided, that the minimum education and
training has been completed after January 1, 1987, and before the renewal
date or December 31, 1989, whichever date is earlier;
(b) Keep records for two years documenting attendance and
description of the learning; and
(c) Be prepared to validate, through submission of these records,
that learning has taken place.)) Applicants must complete seven clock
hours of AIDS education as required in chapter 246-12 WAC, Part 8.