Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-15-160 and 07-13-074.

     Title of Rule and Other Identifying Information: WAC 246-817-010 Definitions, 246-817-110 Dental licensure -- Initial eligibility and application requirements, and 246-817-120 Examination content. Proposed rule amendments update licensing requirements to clarify definitions, approved examinations, approved dental schools, exception for dentists licensed in another state, exception for an approved postgraduate residency program, and clarifies background inquires [inquiries].

     Hearing Location(s): Department of Health, Point Plaza East 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on September 11, 2008, at 5:45 p.m.

     Date of Intended Adoption: September 11, 2008.

     Submit Written Comments to: Jennifer Bressi, P.O. Box 47867, Olympia, WA 98504-7867, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by September 1, 2008.

     Assistance for Persons with Disabilities: Contact Jennifer Bressi by September 1, 2008, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendments add regional exam agency definitions, approved examinations, approved dental schools, licensure for dentists licensed in another state, approval of postgraduate residency programs, and clarifies background inquiries. The proposed rule amendments clarify existing rules and incorporate alternative licensure standards for dental students.

     Reasons Supporting Proposal: The proposed rules provide alternatives to dental licensing standards which reduce barriers to licensure.

     Statutory Authority for Adoption: RCW 18.32.0365.

     Statute Being Implemented: RCW 18.32.040.

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

     Name of Proponent: Washington state department of health, dental quality assurance commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jennifer Bressi, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4893.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement (SBEIS) was not prepared. Under RCW 19.85.025 and 34.05.310 (4)(g)(ii), an SBEIS is not required for proposed rules that adopt, amend, or repeal a filing or related process requirement for applying to an agency for a license or permit.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jennifer Bressi, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4893, fax (360) 664-9077, e-mail jennifer.bressi@doh.wa.gov.

August 4, 2008

Jennifer Bressi

Health Services

Consultant 3

OTS-9715.4

AMENDATORY SECTION(Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-010   Definitions.   The following general terms are defined within the context used in this chapter.

     "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

     "Clinics" are locations situated away from the School of Dentistry on the University of Washington campus, as recommended by the dean in writing and approved by the DQAC.

     "CITA" means council of interstate testing agencies, a regional dental testing agency that provides clinical dental testing services.

     "CRDTS" means central regional dental testing services, a regional testing agency that provides clinical dental testing services.

     "Department" means the department of health.

     "DQAC" means the dental quality assurance commission as established by RCW 18.32.0351.

     "Facility" is defined as the building housing the School of Dentistry on the University of Washington campus, and other buildings, designated by the dean of the dental school and approved by the DQAC.

     (("HPQAD" means the health professions quality assurance division of the department of health.))

     "NERB" means the northeast regional board, a regional testing agency that provides clinical dental testing services.

     "Office on AIDS" means that section within the department of health or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

     "Secretary" means the secretary of the department of health or the secretary's designee.

     "SRTA" means the southern regional testing agency, a regional testing agency that provides clinical dental testing services.

     "WREB" means the Western Regional Examining Board, a ((regional)) national testing agency that provides clinical dental testing services.

[Statutory Authority: RCW 18.32.035. 95-21-041, § 246-817-010, filed 10/10/95, effective 11/10/95.]

     (1) A completed application and fee. The applicant ((shall)) must submit a signed, notarized application and required fee((. (Refer to WAC 246-817-990 for fee schedule.))) as defined in WAC 246-817-990;

     (2) Proof of graduation from a dental school approved by the DQAC((. The DQAC adopts those standards of the American Dental Association's Commission on Accreditation which were relevant to accreditation of dental schools and current in May 1993 and has approved all and only those dental schools which were accredited by the commission as of May 1993.)):

     (a) DQAC recognizes only those applicants who are students or graduates of dental schools in the United States or Canada, approved, conditionally or provisionally, by the Commission on Dental Accreditation of the American Dental Association. The applicant must have received, or will receive, a Doctor of Dental Surgery (DDS) or Doctor of Dental Medicine (DMD) degree from that school;

     (b) Other dental schools which apply for DQAC approval and which meet these adopted standards to the DQAC's satisfaction may be approved, but it is the responsibility of a school to apply for approval and of a student to ascertain whether or not a school has been approved((.));

     (3) ((Certification)) Proof of successful completion of the National Board Dental Examination Parts I and II, or the Canadian National Dental Examining Board Examination. An original scorecard or a certified copy of the scorecard shall be accepted. Exception: Dentists who obtained initial licensure in a state prior to that state's requirement for successful completion of the national boards, may be licensed in Washington, provided that the applicant provide proof that their original state of licensure did not require passage of the national boards at the time they were initially licensed. Applicants need to meet all other requirements for licensure;

     (4) Proof of graduation from an approved dental school. The only acceptable proof is an official, posted transcript sent directly from such school, or in the case of recent graduates, a verified list of graduating students submitted directly from the dean of the dental school. Graduates of nonaccredited dental schools must also meet the requirements outlined in WAC 246-817-160((.));

     (5) A complete listing of professional education and experience including college or university (predental), and a complete chronology of practice history from the date of dental school graduation to present, whether or not engaged in activities related to dentistry((.));

     (6) ((Applicants must complete)) Proof of completion of seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8((.));

     (7) ((Certification)) Proof of malpractice insurance if available, including dates of coverage and any claims history((.));

     (8) Written certification of any licenses held, submitted directly from another licensing entity, and including license number, issue date, expiration date and whether applicant has been the subject of final or pending disciplinary action((.));

     (9) Proof of successful completion of an approved:

     (a) Practical/clinical examination ((and a written jurisprudence examination or any other examination)); or

     (b) A qualifying postgraduate residency program, approved by ((and)) or administered under the direction of the DQAC((.));

     (10) ((Photograph.)) Proof of successful completion of an approved written jurisprudence examination;

     (11) A recent 2" x 2" photograph, signed ((and)), dated, ((shall be)) and attached to the application((.));

     (((11))) (12) Authorization for background inquiries ((from)) to other sources may be conducted as determined by the DQAC, including but not limited to the national practitioner data bank and drug enforcement agency. Applicants are responsible for any fees incurred in obtaining verification of requirements((.));

     (((12) Additional requirements)) (13) Any other information for each license type as ((further defined)) determined by the DQAC.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-817-110, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.32.035. 95-21-041, § 246-817-110, filed 10/10/95, effective 11/10/95.]

     (1) The examination will consist of:

     (a) A written((:)) examination. Only the national board exam will be accepted, except as provided in (c) of this subsection.

     (b) A practical/practice((:)) examination.

     (i) The DQAC will accept((s)) the Western Regional Examining Board's (WREB) clinical examination as meeting its examination standard after January 1, 1995. The results of the WREB examination ((shall)) will be accepted for five years immediately preceding application for state licensure; or

     (ii) The DQAC accepts the central regional dental testing services (CRDTS) clinical examination as meeting its examination standard as of November 2001. The results of the CRDTS examination will be accepted for five years immediately preceding application for state licensure; or

     (iii) The DQAC accepts the results of the northeast regional board (NERB) and the southern regional testing agency (SRTA) clinical examinations as meeting its examination standard as of January 2006. The results of the NERB and SRTA examinations will be accepted for five years immediately preceding application for state licensure; or

     (iv) The DQAC will consider acceptance of the examination results from candidates who pass the final portions of the Council of Interstate Testing Agency's (CITA) clinical examination after January 1, 2006; or

     (v) The DQAC will consider acceptance of the examination results of those states with individual state board examinations after September 30, 2006.

     (c) The DQAC may, at its discretion, give or require an examination in any other subject under (a) ((or)) and (b) of this subsection, whether in written ((and/))or practical form or both written and practical. ((The applicant shall receive information concerning such examination.))

     (2) An applicant for the ((clinical)) practical/practice examination may obtain an application directly from the ((Western Regional Examining Board)) relevant regional testing agency, or individual state board.

[Statutory Authority: RCW 18.32.035. 95-21-041, § 246-817-120, filed 10/10/95, effective 11/10/95.]

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