Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 246-817-185 and 246-817-186, temporary practice permits. Amending to provide for temporary practice permits to be issued to applicants for dentists, expanded function dental auxiliaries, and dental assistants while a fingerprint-based national background check is completed.

     Hearing Location(s): Department of Health, 310 Israel Road S.E., Room 152/153, Tumwater, WA 98501, on January 29, 2010, at 8:00 a.m.

     Date of Intended Adoption: January 29, 2010.

     Submit Written Comments to: Jennifer Santiago, P.O. Box 47867, Olympia, WA 98504-7867, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by January 22, 2010.

     Assistance for Persons with Disabilities: Contact Jennifer Santiago by January 22, 2010, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules will provide for temporary practice permits to be issued to applicants for dentists, expanded function dental auxiliaries, and dental assistants while a fingerprint-based national background check is completed. The process to complete the national background check is lengthy and has caused licensing delays that affect the public's access to health care. Temporary practice permits will be issued to applicants who meet all other licensing requirements and qualifications. Amendments also remove eligibility for the temporary permit if an applicant is waiting for a dental examination. Washington state stopped administering a licensing examination in 1993 and this rule has not been updated to reflect updated licensing standards. A regional examination is now required to meet licensing standards.

     Reasons Supporting Proposal: Delays in licensing for qualified applicants for dentists, expanded function dental auxiliaries, and dental assistants affect patient safety and impacts a patient's access to care. Washington state no longer administers a state licensing examination.

     Statutory Authority for Adoption: RCW 18.130.064, 18.130.075, and 18.32.0365.

     Statute Being Implemented: RCW 18.130.064, 18.130.075, and 18.32.0365.

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

     Name of Proponent: Dental quality assurance commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jennifer Santiago, 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. 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. RCW 34.05.328 (5)(b)(iv) exempts rules that only correct typographical errors, make address or name changes or clarify the language of a rule without changing its effect.

December 22, 2009

Karen Homitz, D.D.S., Chair

Dental Quality Assurance Commission

OTS-2750.2

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

WAC 246-817-185   Temporary practice permits -- Eligibility.   Fingerprint-based national background checks may cause a delay in credentialing. 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, as defined in RCW 18.130.075, shall be issued at the written request of an applicant((:

     (a) Licensed in another state, with licensing standards substantially equivalent to Washington, who applies for the dental examination and meets the eligibility criteria for the examination as outlined in this chapter; or

     (b) Currently licensed and practicing clinical dentistry in another state, who applies for dental licensure without examination and meets the eligibility criteria for the licensure without examination program as outlined in this chapter.

     (2) In addition to the requirements outlined in subsection (1)(a) or (b) of this section,)) for dentists, expanded function dental auxiliaries, and dental assistants. The applicant must be credentialed in another state, with credentialing standards substantially equivalent to Washington.

     (2) The conditions of WAC 246-817-160 ((shall also)) must be met for applicants who are graduates of dental schools or colleges not accredited by the American Dental Association Commission on Dental Accreditation.

[Statutory Authority: RCW 18.32.035. 95-21-041, § 246-817-185, filed 10/10/95, effective 11/10/95.]

     (a) ((Receipt of)) A completed application form ((on which a request for a temporary practice permit is indicated)), documents, completed fingerprint card, and fees for the credential;

     (b) ((Payment of the appropriate application fee;)) A written request for a temporary practice permit;

     (c) ((Receipt of)) Written verification of all ((dental licenses)) credentials, whether active or not, attesting that the applicant has a ((dental license)) credential in good standing and is not the subject of any disciplinary action for unprofessional conduct or impairment; and

     (d) ((Receipt)) Results of disciplinary national practitioner data bank reports.

     (2) The temporary practice permit shall expire when one of the following occurs:

     (a) ((Immediately upon issuance of)) A full, unrestricted ((dental license by the DQAC)) credential is granted;

     (b) ((Upon notice of failure of the dental examination;)) A notice of decision is mailed;

     (c) ((Upon issuance of a statement of intent to deny; or

     (d) Within a maximum of)) One hundred ((twenty)) eighty days after the temporary practice permit is issued.

     (3) A temporary practice permit shall not be renewed, reissued or extended.

     (4) A temporary practice permit grants the individual the full scope of practice for the profession.

[Statutory Authority: RCW 18.32.035. 95-21-041, § 246-817-186, filed 10/10/95, effective 11/10/95.]

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