WSR 01-09-088

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 18, 2001, 10:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-05-109.

Title of Rule: WAC 246-907-030 Fees and renewal cycle.

Purpose: Establish a reduced license fee for charitable organizations involved in the exporting of drugs for humanitarian efforts.

Statutory Authority for Adoption: RCW 43.70.040.

Statute Being Implemented: RCW 18.64.310.

Summary: Any person or firm that ships drugs into foreign countries is required to be licensed as an export drug wholesaler. The license fee for an export drug wholesaler is $540.00. The license fee creates a hardship for charitable organizations involved in the exporting of drugs for humanitarian reasons.

Reasons Supporting Proposal: Establishing a reduced fee will allow charitable organizations to continue their efforts to provide medications to foreign countries in need.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Salmi, Program Manager, 1300 S.E. Quince, Olympia, (360) 236-4825.

Name of Proponent: Nancy Nersveen, RN, Kazak Russian Relief Fund, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Any person or firm that ships drugs into foreign countries is required to be licensed as an export drug wholesaler. The license fee for an export drug wholesaler is $540.00. This license fee creates a hardship for charitable organizations involved in the exporting of drugs for humanitarian reasons. Establishing a reduced fee will allow charitable organizations to continue to provide medications to persons in need in foreign countries.

Proposal Changes the Following Existing Rules: Creates a new license fee category for export drug wholesalers/nonprofit humanitarian organizations.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required, the cost of this rule, $25.00, is less than the minor cost threshold.

RCW 34.05.328 does not apply to this rule adoption. Not required, this rule sets a fee.

Hearing Location: Department of Health Conference Center, 1101 Eastside Street, Olympia, WA 98504, on May 23, 2001, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Shannon Walker by May 16, 2001, TDD (800) 833-6388, or (800) 525-0127.

Submit Written Comments to: Lisa Salmi, Program Manager, fax (360) 586-4359, by May 16, 2001.

Date of Intended Adoption: May 24, 2001.

April 16, 2001

M. C. Selecky

Secretary

OTS-4758.1


AMENDATORY SECTION(Amending WSR 98-10-052, filed 4/29/98, effective 5/30/98)

WAC 246-907-030   Fees and renewal cycle.   (1) Pharmacist, pharmacy technician, and pharmacy intern licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) Pharmacy location, controlled substance registration (pharmacy), pharmacy technician utilization, and shopkeepers differential hours licenses will expire on June 1 of each year.

(3) All other licenses, including health care entity licenses, registrations, permits, or certifications will expire on October 1 of each year.

(4) The following nonrefundable fees will be charged for pharmacy location:


Title of fee
Fee
Original pharmacy fee $330.00
Original pharmacy technician utilization fee 60.00
Renewal pharmacy fee 240.00
Renewal pharmacy technician utilization fee 70.00
Penalty pharmacy fee 120.00

(5) The following nonrefundable fees will be charged for vendor:
Original fee 70.00
Renewal fee 70.00
Penalty fee 50.00

(6) The following nonrefundable fees will be charged for pharmacist:

Reexamination fee (jurisprudence portion) 45.00
Original license fee 120.00
Renewal fee, active and inactive license 125.00
Renewal fee, retired license 20.00
Penalty fee 62.50
Expired license reissuance (active and inactive) 62.50
Reciprocity fee 300.00
Certification of license status to other states 20.00
Retired license 20.00
Temporary permit 60.00

(7) The following nonrefundable fees will be charged for shopkeeper:
Original fee 30.00
Renewal fee 30.00
Penalty fee 30.00
Shopkeeper - with differential hours:
Original fee 30.00
Renewal fee 30.00
Penalty fee 30.00

(8) The following nonrefundable fees will be charged for drug manufacturer:

Original fee 540.00
Renewal fee 540.00
Penalty fee 270.00

(9) The following nonrefundable fees will be charged for drug wholesaler - full line:
Original fee 540.00
Renewal fee 540.00
Penalty fee 270.00

(10) The following nonrefundable fees will be charged for drug wholesaler - OTC only:
Original fee 300.00
Renewal fee 300.00
Penalty fee 150.00

(11) The following nonrefundable fees will be charged for drug wholesaler - export:
Original fee 540.00
Renewal fee 540.00
Penalty 270.00

(12) The following nonrefundable fees will be charged for drug wholesaler - export nonprofit humanitarian organization.

Original fee 25.00
Renewal fee 25.00
Penalty 25.00

(13) The following nonrefundable fees will be charged for pharmacy technician:
Original fee 45.00
Renewal fee 35.00
Penalty fee 35.00
Expired license reissuance 35.00

(((13))) (14) The following nonrefundable fees will be charged for pharmacy intern:
Original registration fee 15.00
Renewal registration fee 15.00

(((14))) (15) The following nonrefundable fees will be charged for Controlled Substances Act (CSA):
Registrations
Dispensing registration fee (i.e. pharmacies and health care entities)

75.00

Dispensing renewal fee (i.e. pharmacies and health care entities)

60.00

Distributors registration fee (i.e. wholesalers)

105.00

Distributors renewal fee (i.e. wholesalers)

105.00

Manufacturers registration fee 105.00
Manufacturers renewal fee 105.00
Sodium pentobarbital for animal euthanization registration fee 35.00
Sodium pentobarbital for animal euthanization renewal fee

35.00

Other CSA registrations 35.00

(((15))) (16) The following nonrefundable fees will be charged for legend drug sample - distributor:
Registration fees
Original fee 330.00
Renewal fee 240.00
Penalty fee 120.00

(((16))) (17) The following nonrefundable fees will be charged for poison manufacturer/seller - license fees:
Original fee 35.00
Renewal fee 35.00

(((17))) (18) The following nonrefundable fees will be charged for facility inspection fee:
180.00

(((18))) (19) The following nonrefundable fees will be charged for precursor control permit:
Original fee 60.00
Renewal fee 60.00

(((19))) (20) The following nonrefundable fees will be charged for license reissue:
Reissue fee 15.00

(((20))) (21) The following nonrefundable fees will be charged for health care entity:
Original fee 330.00
Renewal 240.00
Penalty 120.00

[Statutory Authority: RCW 43.70.250. 98-10-052, 246-907-030, filed 4/29/98, effective 5/30/98. Statutory Authority: RCW 43.70.280. 98-05-060, 246-907-030, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.040. 97-06-019, 246-907-030, filed 2/25/97, effective 3/28/97. Statutory Authority: RCW 18.64.005. 94-05-036, 246-907-030, filed 2/8/94, effective 3/11/94; 93-18-015, 246-907-030, filed 8/24/93, effective 9/24/93; 93-05-045 (Order 334), 246-907-030, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.70.250. 92-07-099 (Order 256), 246-907-030, filed 3/18/92, effective 4/18/92. Statutory Authority: RCW 43.70.040. 91-19-028 (Order 194), recodified as 246-907-030, filed 9/10/91, effective 10/11/91. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 360-18-020, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 18.64.005. 89-04-015 (Order 222), 360-18-020, filed 1/23/89; 88-14-042 (Order 216), 360-18-020, filed 6/30/88; 88-07-011 (Order 209), 360-18-020, filed 3/3/88; 87-18-066 (Order 207), 360-18-020, filed 9/2/87. Statutory Authority: RCW 18.64.005(4). 85-22-033 (Order 196), 360-18-020, filed 10/31/85; 85-06-010 (Order 193), 360-18-020, filed 2/22/85. Statutory Authority: RCW 18.64.005. 84-17-142 (Order 189), 360-18-020, filed 8/22/84; 84-04-030 (Order 184), 360-18-020, filed 1/25/84; 83-22-034 (Order 177), 360-18-020, filed 10/26/83. Statutory Authority: RCW 18.64.005 and 18.64A.020. 83-18-021 (Order 175), 360-18-020, filed 8/30/83. Statutory Authority: RCW 18.64.005(12). 82-12-041 (Order 168), 360-18-020, filed 5/28/82. Statutory Authority: RCW 18.64.005 (4) and (11). 80-08-035 (Order 155, Resolution No. 6/80), 360-18-020, filed 6/26/80, effective 9/30/80; 80-05-074 (Order 154, Resolution No. 4/80), 360-18-020, filed 4/28/80.]

Washington State Code Reviser's Office