Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-08-095.

     Title of Rule and Other Identifying Information: Dental, WAC 246-817-440 Continuing education requirements.

     Hearing Location(s): Department of Health, Point Plaza East, Room #152/153, 310 Israel Road S.E., Tumwater, WA 98501, on February 3, 2006, at 8:30 a.m.

     Date of Intended Adoption: February 3, 2006.

     Submit Written Comments to: Lisa Anderson, Program Manager, P.O. Box 47867, Olympia, WA 98504-7867, e-mail lisa.anderson@doh.wa.gov, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by January 16, 2006.

     Assistance for Persons with Disabilities: Contact Lisa Anderson by January 25, 2006, TTY (800) 833-6388 or (360) 236-4863.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal amends WAC 246-817-440 Continuing education requirements. The amendment will increase the maximum number of continuing dental education hours allowed for self study from three hours to seven hours per year. Home study includes educational audio or videotapes, films, slides, internet, or independent reading, where an assessment tool is required upon completion.

     Reasons Supporting Proposal: The proposed rule is being amended at stakeholder request to provide more flexibility to dentists as they obtain their annual continuing dental education hours. Additionally, the proposed rule will encourage dentists to obtain current knowledge, skills, and information about new dental technology and practices. This should enhance the practitioners overall practice as a dentist.

     Statutory Authority for Adoption: RCW 18.32.002 and 18.32.0365.

     Statute Being Implemented: Chapter 18.32 RCW.

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

     Name of Proponent: Department of Health, Dental Quality Assurance Commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Anderson, Program Manager, Department of Health, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4863.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Department of Health has reviewed this proposal and has determined that a small business economic impact statement is not required under the parameters of chapter 19.85 RCW. The proposed rule is simply a redistribution of the number of continuing education hours that can be earned in a specific category.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Lisa Anderson, Department of Health, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4863, fax (360) 664-9077, e-mail lisa.anderson@doh.wa.gov.

October 24, 2005

Joy N. King

Executive Director

OTS-7915.2

AMENDATORY SECTION(Amending WSR 01-16-007, filed 7/19/01, effective 8/19/01)

WAC 246-817-440   Continuing education requirements.   (1) Purpose. The dental quality assurance commission (DQAC) has determined that the public health, safety and welfare of the citizens of the state will be served by requiring all dentists, licensed under chapter 18.32 RCW, to continue their professional development via continuing education after receiving such licenses.

     (2) Effective date. The effective date for the continuing education requirement for dentists is July 1, 2001. The first reporting cycle for verifying completion of continuing education hours will begin with renewals due July 1, 2002, and each renewal date thereafter. Every licensed dentist ((will be required to)) must sign an affidavit attesting to the completion of the required number of hours as a part of their annual renewal requirement.

     (3) Requirements. Licensed dentists must complete twenty-one clock hours of continuing education, each year, in conjunction with their annual renewal date. DQAC may randomly audit up to twenty-five percent of practitioners for compliance after the credential is renewed as allowed by chapter 246-12 WAC, Part 7.

     (4) Acceptable continuing education - Qualification of courses for continuing education credit. DQAC will not authorize or approve specific continuing education courses. Continuing education course work must contribute to the professional knowledge and development of the practitioner, or enhance services provided to patients.

     For the purposes of this chapter, acceptable continuing education ((shall be defined as)) means courses offered or authorized by industry recognized state, private, national and international organizations, agencies or institutions of higher learning. Examples of sponsors, or types of continuing education courses may include, but are not limited to:

     (a) The American Dental Association, Academy of General Dentistry, National Dental Association, American Dental Hygienists' Association, National Dental Hygienists' Association, American Dental Association specialty organizations, including the constituent and component/branch societies.

     (b) Basic first aid, CPR, BLS, ACLS, OSHA/WISHA, or emergency related training; such as courses offered or authorized by the American Heart Association or the American Cancer Society; or any other organizations or agencies.

     (c) Educational audio or videotapes, films, slides, internet, or independent reading, where an assessment tool is required upon completion are acceptable but may not exceed ((three)) seven hours per year.

     (d) Teaching a seminar or clinical course for the first time is acceptable but may not exceed ten hours per year.

     (e) Nonclinical courses relating to dental practice organization and management, patient management, or methods of health delivery may not exceed seven hours per year. Estate planning, financial planning, investments, and personal health courses are not acceptable.

     (f) Dental examination standardization and calibration workshops.

     (g) Provision of clinical dental services in a formal volunteer capacity may be considered for continuing education credits when preceded by an educational/instructional training prior to provision of services. Continuing education credits in this area shall not exceed seven hours per renewal cycle.

     (5) Refer to chapter 246-12 WAC, Part 7, administrative procedures and requirements for credentialed health care providers for further information regarding compliance with the continuing education requirements for health care providers ((including:

     (a) When is continuing education required?

     (b) How to prove compliance.

     (c) Auditing for compliance.

     (d) What is acceptable audit documentation?

     (e) When is a practitioner exempt from continuing education?

     (f) How credit hours for continuing education courses are determined.

     (g) Carrying over continuing education credits.

     (h) Taking the same course more than once during a reporting cycle)).

[Statutory Authority: RCW 18.32.0365. 01-16-007, § 246-817-440, filed 7/19/01, effective 8/19/01.]