Effective Date of Rule: Thirty-one days after filing.

     Purpose: The rule amends the current temporary practice permit WAC 246-853-135 to allow more time for a fingerprint-based national background check to be completed. The national background check process is lengthy and has caused licensing delays that may affect the public's access to health care. The amendment extends the expiration timeframe from ninety days to one hundred eighty days and also clarifies the permit grants the full scope of practice.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-853-135.

     Statutory Authority for Adoption: RCW 18.57.005, 18.130.075.

      Adopted under notice filed as WSR 09-20-091 on October 6, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: November 20, 2009.

Blake T. Maresh

Executive Director

OTS-2667.2

AMENDATORY SECTION(Amending Order 303B, filed 9/23/92, effective 10/24/92)

WAC 246-853-135   Temporary practice permit.   A temporary permit to practice osteopathic medicine and surgery may be issued to an individual licensed in another state that has substantially equivalent licensing standards to those in Washington.

     (1) The temporary permit may be issued upon receipt of:

     (a) Documentation from the reciprocal state that the licensing standards used for issuing the license are substantially equivalent to the current Washington licensing standards;

     (b) A completed application form on which the applicant indicates he or she wishes to receive a temporary permit and application and temporary permit fees;

     (c) Verification of all state licenses, whether active or inactive, indicating that the applicant is not subject to charges or disciplinary action for unprofessional conduct or impairment;

     (d) Verification from the federation of state medical board's disciplinary action data bank that the applicant has not been disciplined by a state board or federal agency.

     (2) A temporary practice permit grants the individual the full scope to practice osteopathic medicine and surgery.

     (3) The temporary permit shall expire upon issuance of a license by the board or ((ninety)) one hundred eighty days after issuance of the temporary permit, whichever occurs first. The applicant must not be subject to denial of a license or issuance of a conditional license under this chapter.

     (((3))) (4) A temporary permit shall be issued only once to each applicant. An applicant who does not complete the application process shall not receive a subsequent temporary permit.

[Statutory Authority: RCW 18.57.005 and chapter 18.57 RCW. 92-20-001 (Order 303B), § 246-853-135, filed 9/23/92, effective 10/24/92.]

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