Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-20-075 and 10-14-107.

     Title of Rule and Other Identifying Information: WAC 246-919-480 Retired active credential, 246-919-010 Definitions, and 246-919-421 (repealing subsection (4)) Renewal and continuing medical education cycle revision, amending the requirements for the retired active physician license.

     Hearing Location(s): Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on December 9, 2010, at 6:00 p.m.

     Date of Intended Adoption: December 9, 2010.

     Submit Written Comments to: Julie Kitten, P.O. Box 47866, Olympia, WA 98506-7866 [98504-7866], web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2795, by December 2, 2010.

     Assistance for Persons with Disabilities: Contact Julie Kitten by December 2, 2010, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commission proposes amending the licensing and continuing education rules regarding retired active physicians to improve access to health care services for the citizens of this state without compromising public safety. The proposed amendments include removing the restriction of primary care services only, and the restriction to practicing only in community clinics.

     Reasons Supporting Proposal: 2SHB 1899 (section 4(1), chapter 403, Laws of 2009) directed the commission to consider amending the requirements for retired active physicians. The commission is considering removing financial and practical barriers for the health care services the retired active physicians provide. This should increase the availability of services that retired active physicians could provide to all practice settings.

     Statutory Authority for Adoption: RCW 18.71.017, 18.130.250, 18.71.440.

     Statute Being Implemented: RCW 18.71.080, 18.71.440.

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

     Name of Proponent: Department of health, medical quality assurance commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Julie Kitten, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-2757; Implementation and Enforcement: Maryella Jansen, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-2755.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Julie Kitten, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-2755, fax (360) 236-2795, e-mail julie.kitten@doh.wa.gov.

October 20, 2010

Maryella E. Jansen

Executive Director

OTS-3220.5

AMENDATORY SECTION(Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-919-010   Definitions.   (((1) "Commission" means the Washington state medical quality assurance commission.

     (2) "Applicant" is an individual who has completed the application form and has paid the application fee.

     (3) "Physician" means a physician licensed pursuant to chapter 18.71 RCW.

     (4) "Unprofessional conduct" as used in these regulations shall mean the conduct described in RCW 18.71.0193 for conduct occurring before June 11, 1986, and the conduct described in RCW 18.130.180 for conduct occurring on or after June 11, 1986.

     (5) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.

     (6) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.

     (7) "Mentally or physically disabled physician" means a physician who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice medicine with reasonable skill and safety by reason of any mental or physical condition.)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Applicant" is an individual who has completed the application form and has paid the application fee.

     (2) "Commission" means the Washington state medical quality assurance commission.

     (3) "Emergent" means a circumstance calling for immediate action.

     (4) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.

     (5) "Intermittent" means providing services on a part-time or full-time nonpermanent basis.

     (6) "Mentally or physically disabled physician" means a physician who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice medicine with reasonable skill and safety by reason of any mental or physical condition.

     (7) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.

     (8) "Physician" means a physician licensed pursuant to chapter 18.71 RCW.

     (9) "Unprofessional conduct" as used in these regulations shall mean the conduct described in RCW 18.71.0193 for conduct occurring before June 11, 1986, and the conduct described in RCW 18.130.180 for conduct occurring on or after June 11, 1986.

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, § 246-919-010, filed 1/17/96, effective 2/17/96.]

     (1) Effective January 1, 2000, any physician whose birth year is an even number will renew their credential for twenty-four months and every two years thereafter. Those physicians must obtain two hundred hours of continuing medical education within the next forty-eight months from the date of the initial two-year license and every four years thereafter.

     (2) Effective January 1, 2001, any physician whose birth year is an odd number will renew their credential for twenty-four months and every two years thereafter. Those physicians must obtain two hundred hours of continuing medical education within the next forty-eight months from the date of the initial two-year license and every four years thereafter.

     (3) Effective January 1, 2000, in order to attain full license status, individuals with a post-graduate limited license will pay the fee difference between the limited license application and the full license application. This license will expire on their second ((birthdate)) birth date after issuance and every two years thereafter.

     (((4) Effective January 1, 2000, those physicians on a retired active status will remain on the annual renewal cycle and a four-year continuing medical education reporting cycle. Those retired active physicians must report two hundred hours of continuing medical education within the next forty-eight months and every four years thereafter.))

[Statutory Authority: RCW 18.71.017, 18.130.050(1), 18.130.040(4), 18.130.050(12) and 18.130.340. 99-23-090, § 246-919-421, filed 11/16/99, effective 1/1/00.]

     (2) ((The practitioner's practice is limited to providing health care services without compensation;

     (3) Services are provided in community clinics located in the state of Washington that are operated by public or private tax-exempt corporations; and

     (4) Services must be limited to primary care.)) A physician with a retired active license may not receive compensation for health care services;

     (3) A physician with a retired active license may practice only in emergent or intermittent circumstances; and

     (4) Physicians with a retired active license must renew every two years and must report one hundred hours of continuing medical education at every renewal.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-919-480, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, § 246-919-480, filed 1/17/96, effective 2/17/96.]

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