WASHINGTON STATE REGISTER

WSR 10-01-177

PROPOSED RULES

DEPARTMENT OF HEALTH

(Veterinary Board of Governors)

[ Filed December 22, 2009, 2:20 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-933-255 How to obtain a temporary practice permit while the national background check is completed for veterinarians and 246-935-135 How to obtain a temporary practice permit while the national background check is completed for veterinary technicians.

Hearing Location(s): Department of Health, Creekside Three at Center Point, Conference Room 2, 20435 72nd Avenue South, Kent, WA 98032, on January 26, 2010, at 9:00 a.m.

Date of Intended Adoption: January 26, 2010.

Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by January 25, 2010.

Assistance for Persons with Disabilities: Contact Judy Haenke by January 19, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To provide for temporary practice permits to be issued to an applicant for a license to practice veterinary medicine, surgery and dentistry through WAC 246-933-255, or to an applicant to practice as a licensed veterinary technician through WAC 246-935-135 if a fingerprint-print-based national background check must be conducted. The national background check process is lengthy and has caused licensing delays that may affect the public access to animal health care. To receive the permit, the applicant must meet all other licensing requirements, qualifications, and have no criminal record in Washington. The proposed rule will provide for qualified applicants to practice in the full scope of their profession until the permit expires.

Reasons Supporting Proposal: In 2008 4SHB [1103] (chapter 134, Laws of 2008) passed authorizing fingerprint-based national background checks for those situations when a background check in RCW 18.130.064 was inadequate. The legislation authorized the secretary to issue a temporary practice permit to an applicant who must have the national background check. The proposed rule will reduce the barriers for out-of-state licensed applicants who otherwise meet all licensing requirements. This rule will also improve the public's access to animal health care.

Statutory Authority for Adoption: RCW 18.130.064, 18.130.075, 18.92.030.

Statute Being Implemented: RCW 18.130.064, 18.130.075, 18.92.030.

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

Name of Proponent: Department of health, veterinary board of governors, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-4947.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(g)(ii), a small business economic impact statement 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 not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

December 18, 2009

Harmon A. Rogers, DVM, Chair

Veterinary Board of Governors

OTS-2676.3

NEW SECTION
WAC 246-933-255 How to obtain a temporary practice permit while the national background check is completed. Fingerprint-based national background checks may cause a delay in licensing. Individuals who satisfy all other licensing requirements and qualifications may receive a temporary practice permit while the national background check is completed.

(1) A temporary practice permit may be issued to an applicant who:

(a) Holds an unrestricted, active license in another state to practice veterinary medicine, surgery and dentistry that has substantially equivalent licensing standards to those in Washington state;

(b) Is not subject to denial of a license or issuance of a conditional or restricted license; and

(2) A temporary practice permit grants the individual the full scope of practice of veterinary medicine, surgery and dentistry.

(3) A temporary practice permit will not be renewed, reissued, or extended. A temporary practice permit expires when any one of the following occurs:

(a) The license is granted;

(b) A notice of decision on application is mailed to the applicant, unless the notice of decision on the application specifically extends the duration of the temporary practice permit; or

(4) To receive a temporary practice permit, the applicant must:

(a) Submit the necessary application, fee(s), and documentation for the license.

(b) Meet all requirements and qualifications for the license, except the results from a fingerprint-based national background check, if required.

(c) Provide verification of having an active unrestricted license to practice veterinary medicine, dentistry and surgery from another state that has substantially equivalent licensing standards as Washington state.

(d) Submit the fingerprint card and a written request for a temporary practice permit when the department notifies the applicant the national background check is required.

[]

OTS-2677.3

NEW SECTION
WAC 246-935-135 How to obtain a temporary practice permit while the national background check is completed. Fingerprint-based national background checks may cause a delay in licensing. Individuals who satisfy all other licensing requirements and qualifications may receive a temporary practice permit while the national background check is completed.

(1) A temporary practice permit may be issued to an applicant who:

(a) Holds an unrestricted, active license to practice as a veterinary technician in another state that has substantially equivalent licensing standards to those in Washington state;