PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-22-082.
Title of Rule: Expired license.
Purpose: This rule stipulates that physicians whose licenses have expired more than three years must meet the current licensing requirements set by statute and rule.
Other Identifying Information: WAC 246-919-475.
Statutory Authority for Adoption: RCW 18.71.017.
Statute Being Implemented: RCW 18.71.050, 18.71.051, and [18.71.]080.
Summary: This rule-making proposal reestablishes language that was inadvertently deleted through a process to consolidate health care professions credentialing rules.
Reasons Supporting Proposal: The proposed rules reinstate language that ensures physicians petitioning for relicensure meet the current licensing standards. National standards, with which Washington state continues to concur, have become more rigorous in order to ensure physicians possess the knowledge necessary to practice medicine with reasonable skill and safety.
Name of Agency Personnel Responsible for Drafting: Susan Anthony, Licensing Manager, 1300 S.E. Quince Street, Olympia, WA, (360) 236-4787; Implementation: Beverly Teeter, Health Administrator, 1300 S.E. Quince Street, Olympia, WA, (360) 236-4788; and Enforcement: Bonnie King, Executive Director, 1300 S.E. Quince Street, Olympia, WA, (360) 236-4789.
Name of Proponent: [Department of Health], governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule-making proposal reestablishes language that was inadvertently deleted through a process to consolidate health care professions credentialing rules. These rules stipulate that physicians whose licenses have been expired longer than three years must meet the current licensing requirements set by statute and rule. Reestablishing this rule would significantly reduce potential patient harm resulting from substandard medical care that could be provided by practitioners who do not meet the minimum national standard. In addition, with definitive criteria in place, the public can be assured the commission has taken every available step to evaluate physician's medical knowledge and has granted credentials only to those individuals who can demonstrate acceptable levels of knowledge, education, and training.
Proposal Changes the Following Existing Rules: It reinstates criteria inadvertently deleted in a previous rule-making process.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
II. Financial Impact on Regulated Parties:
Recordkeeping and Reporting: There are no recordkeeping or reporting requirements.
Training and Education: Some physicians requesting relicensure may need additional training or successful completion of a nationally standardized licensing examination in order to meet the current licensing requirements.
New Equipment Requirements: There will be no new equipment requirements.
Inspections - Audits: There will be no inspection or audit requirements.
New Licenses/Fees: There will be no new licenses activated. There will be no new or additional fees.
Administration Expenses and Professional Services: There will be no administration expenses or professional services required.
Reduced Production: There would be no reduced production as a result of this rule.
Summary: There have been instances of physicians who had
been licensed in the past based on criteria that has become
outdated (without post graduate training in the United States or
Canada; or without having passed acceptable examinations), who
have allowed their licenses to lapse and request reissuance of
that license. There is no mechanism without these rules to
ensure these physicians possess the knowledge necessary to safely
practice medicine. There is potential for patient harm due to
substandard care provided by individuals who do not meet the
current minimum national standards. Without a minimum level of
training or without a way to evaluate a physician's medical
knowledge such as a national exam, there is no protection to
health care consumers from unqualified practitioners. If a physician allows their credential to expire longer than
three years, they must meet current licensing requirements.
III. Cost to DOH: Aside from the initial rule processing costs, such as conducting the public rule-writing workshops, formal rules hearing and updating forms and notices, there will be no additional costs.
Small Business Economic Impact Statement: 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.
All licensed practitioners are governed under RCW 18.130.180.
Public involvement has been solicited from interested party lists and from licensees via an article in the Medical Quality Assurance Commission UPDATE! publication. In addition, two public rule-writing workshops were held, one on November 3, 1998, in Spokane and one on November 5, 1998, in SeaTac.
Opportunity for written and oral comments will also be provided during the formal public rules hearing to be held September 29, 2000.
A copy of the statement may be obtained by writing to Susan Anthony, Licensing Manager, Medical Quality Assurance Commission, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-4787, fax (360) 586-4573.
RCW 34.05.328 applies to this rule adoption. This rule describes standards for reinstatement of an expired license.
Hearing Location: 1101 Eastside Street, Olympia, WA 98504, on September 29, 2000, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Susan Anthony, Licensing Manager, by September 22, 2000, TDD 1-800-525-0127, or (360) 236-4053.
Submit Written Comments to: Susan Anthony, fax (360) 586-4573, by September 22, 2000.
Date of Intended Adoption: September 29, 2000.
July 20, 2000
Bonnie King
Executive Director
OTS-3226.1
NEW SECTION
WAC 246-919-475
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) Reapply for licencing under current requirements as stipulated in RCW 18.71.050 (1)(b) and WAC 246-919-330; and
(b) Meet the requirements of chapter 246-12 WAC, Part 2.
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