WSR 04-15-152



(Midwifery Program)

[ Filed July 21, 2004, 10:45 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Midwifery fees and renewal cycle, WAC 246-834-990. This proposal adjusts the midwifery fees to help defray the costs of running the program. RCW 43.70.250 requires the costs of all professional licensing programs to be borne by the members of the professions. With approximately one hundred midwives, expenses for the midwifery program exceed revenue from licensing fees and the existing fees fall short of meeting program expenses.

In anticipation of a larger deficit, the department had requested, and was denied, an I-601 exemption to increase fees to help cover program costs. To control costs, we are going to scale back program activity that doesn't affect public safety. Additionally, we intend to increase fees within the I-601 exemption to maximize all potential revenue.

The midwifery program has a history of deficit since it was first regulated under the Department of Licensing. The legislature approved supplemental funding to keep the program functioning. The midwifery law was amended at one time to allow a limited fee increase on a regular basis. A fee increase in January 2002 raised renewal fees from $495 to $950. The proposed fee increase at that time, was to increase the renewal fees from $495 to $1250. The testimony received from the profession indicated that would be devastating to the profession and the department lowered the proposed fee to $950 and adopted it. The fee increase was still so significant that many midwives let their licenses expire. Therefore, the amount of revenue projected was not received.

Hearing Location(s): Department of Health, Point Plaza East, Hearings Room 139A, 310 Israel Road S.E., Tumwater, WA 98501, on August 25, 2004, at 10:00 a.m.

Date of Intended Adoption: September 1, 2004.

Submit Written Comments to: Leann Yount, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4997, e-mail, website, fax (360) 236-4626, by August 18, 2004.

Assistance for Persons with Disabilities: Contact Leann Yount by August 18, 2004, TTY (800) 833-6833.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules set the licensure fees for midwifery program. RCW 43.70.250 requires the costs of all professional licensing programs to be borne by the members of the profession. Current fees do not adequately cover the licensure activities for this profession. The fee increase is within the fiscal growth factor limitations of 3.03%. The fee increases will not eliminate the program deficit; however it will help defray some program costs. In addition to the fee increase, the department is cutting back certain activities to control costs that do not affect public safety. These changes will help assure the department can continue licensing midwives.

Reasons Supporting Proposal: The proposal adjusts the midwifery fees to help defray the cost of running the program.

Statutory Authority for Adoption: RCW 43.70.250 and 18.50.135.

Statute Being Implemented: Chapter 18.50 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The department intends to increase licensing fees within the I-601 exemption to maximize all potential revenue to assist with program costs. It is the law of the state of Washington that the cost of each professional license be fully borne by the members of that profession. By raising the fee we will come closer to meeting program expenses.

Name of Proponent: The Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting: Leann Yount, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4997; Implementation and Enforcement: Kendra Pitzler, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4723.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3) agencies are not required to prepare an SBEIS if the rule change adjusts fees according to legislative standards, per RCW 34.05.310 (4)(f).

A cost-benefit analysis is not required under RCW 34.05.328. A preliminary cost benefit analysis is not required for rules that adjust fees pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

July 20, 2004

M. C. Selecky



AMENDATORY SECTION(Amending WSR 01-23-101, filed 11/21/01, effective 1/21/02)

WAC 246-834-990   Midwifery fees and renewal cycle.   (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following fees are nonrefundable:

Title of Fee
Initial application $((500.00)) 515.00
National examination administration (initial/retake)

((100.00)) 103.00

State examination (initial/retake) ((150.00)) 154.50
Renewal ((950.00)) 978.75
Late renewal penalty 300.00
Duplicate license 25.00
Certification of license 25.00
Application fee -- Midwife-in-training program ((950.00)) 978.75
Expired license reissuance 300.00

[Statutory Authority: RCW 43.70.250, 2001 2nd sp.s. c 7 and RCW 18.50.102. 01-23-101, 246-834-990, filed 11/21/01, effective 1/21/02. Statutory Authority: RCW 18.50.102 and 43.70.250. 98-11-069, 246-834-990, filed 5/19/98, effective 7/13/98. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-834-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-834-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-115-405, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 18.50.135. 89-08-008 (Order PM 827), 308-115-405, filed 3/24/89. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), 308-115-405, filed 8/27/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-115-405, filed 8/10/83. Formerly WAC 308-115-400.]

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