WSR 05-22-127



[ Filed November 2, 2005, 11:30 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-834-990 Midwifery fees and renewal cycle, this proposal adjusts fees for licensed midwives in accordance with an I-601 exemption granted in the 2005-07 operating budget.

Hearing Location(s): Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on January 3, 2006, at 10:00 a.m.

Date of Intended Adoption: January 4, 2006.

Submit Written Comments to: Kendra Pitzler, P.O. Box 47864, Olympia, WA 98504-7864, rules comment web site, fax (360) 236-4738, by December 27, 2005.

Assistance for Persons with Disabilities: Contact Kendra Pitzler by December 19, 2005, TTY 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 43.70.250 requires the costs of all professional licensing programs to be borne by members of the profession. Due to the small number of licensed midwives (approximately ninety), balancing the budget has been difficult for this program. The midwifery program cut all but essential services in May 2004 restricting program activities to licensure and disciplinary functions. Between May 2004 and September 2005, there were no disciplinary hearings and very little legal activity (legal reviews of files, statement of charges, settlement conferences, etc). While this has allowed the department to balance the midwifery budget, reasonably predictable disciplinary activities as well as rule making and other activities will require additional funds. An exemption to the I-601 limitation was approved with the passage of the operating budget for 2005-07. This proposal will implement the exemption and allow the program to continue to be supported by the professionals as required by law.

Reasons Supporting Proposal: The midwifery program is required by law to support their programs with revenues obtained through licensure fees. It is anticipated that program expenses will rise significantly during the next biennium. The department requested and received an I-601 exemption with the passage of the 2005-07 operating budget.

Statutory Authority for Adoption: RCW 43.70.250 and 18.50.135.

Statute Being Implemented: Chapters 43.70 and 18.50 RCW.

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

Name of Proponent: Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Kendra Pitzler, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4723; and Enforcement: Paula Meyer, 301 Israel Road S.E., Tumwater, WA 98501, (360) 236-4713.

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 a small business economic impact statement 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).

November 1, 2005

Mary C. Selecky



AMENDATORY SECTION(Amending WSR 05-12-012, filed 5/20/05, effective 7/1/05)

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. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(2) The following fees are nonrefundable:

Title of Fee Fee
Initial application $((515.00)) 618.00
National examination administration (initial/retake)

((103.00)) 123.50

State examination (initial/retake) ((154.50)) 185.00
Renewal ((978.75)) 1,174.50
Late renewal penalty 300.00
Duplicate license 25.00
Certification of license 25.00
Application fee -- Midwife-in-training program ((978.75)) 1,174.50
Expired license reissuance 300.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-834-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250 and 18.50.135. 04-22-113, 246-834-990, filed 11/3/04, effective 2/17/05. 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.]