WSR 13-16-031
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed July 29, 2013, 2:40 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-817-990 Dentist fees and renewal cycle, 246-853-990 Osteopathic fees and renewal cycle, and 246-922-990 Podiatry fees and renewal cycle. Proposing to reduce initial application and license renewal fees; increase the surcharge for the impaired dentist program and clarify this surcharge applies to the renewal of active and inactive dentist licenses; and make general housekeeping edits.
Hearing Location(s): Department of Health, Point Plaza East, Rooms 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on September 12, 2013, at 1 p.m.
Date of Intended Adoption: October 1, 2013.
Submit Written Comments to: Dick Goldsmith, Health Systems Quality Assurance, P.O. Box 47830, Olympia, WA 98504-7830, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by September 12, 2013.
Assistance for Persons with Disabilities: Contact Susan Chamberland by September 5, 2013, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current licensing fees generate more revenue than needed to cover the full cost of administering the credentialing programs for these professions. The department is proposing to amend WAC 246-817-990, 246-853-990, and 246-922-990 to reduce the initial application and license renewal fees for these professions as shown below.
Fee Reductions and Impaired Dentist Program Surcharge
Table 1
Profession
Current
Application Fee*
Proposed Application Fee (Percent Change Over Current Fee)
Current Active
Renewal Fee
Proposed Active
Renewal Fee (Percent Change Over Current Fee)
Dentist
$700
$500 (-28.6 %)
$551
$350 (-36.5 %)
Osteopathic Physician and Surgeon
$600
$425 (-29.2 %)
$600
$425 (-29.2 %)
Podiatric Physician and Surgeon
$975
$650 (-33.3%)
$975
$650 (-33.3%)
*For dentist, pertains to initial application fee for original application by examination, initial application fee for original application - without examination, and initial license fee for original application - without examination. For osteopathic physician and surgeon, pertains to endorsement application fee.
Table 2
Proposed
Impaired Dentist
Program
Surcharge
Current Active Renewal Fee + Current Impaired Dentist Program Surcharge
Proposed Active Renewal Fee + Proposed
Impaired Dentist Program (Percent Change Over
Current Renewal Fee + Current Surcharge)
$50
$551 + $25 = $576
$350 + $50 = $400 (-30.6.6%)
**RCW 18.32.534(2) requires the department to impose this surcharge on each license issuance or renewal; the department chose to do so on all license renewals. As part of its proposal, the department would revise the text in WAC 246-817-990(3) to clarify that a dentist must pay this surcharge when renewing an active or inactive license.
The department also is proposing to increase the surcharge from $25 to $50 for the impaired dentist program as directed by HB 1534 (chapter 129, Laws of 2013), which is added to the fee when a dentist renews his or her license. In addition, the department is proposing to amend the list of dentist fees to clarify that this surcharge applies to the renewal of an inactive dentist license.
General housekeeping edits are also proposed.
Reasons Supporting Proposal: RCW 43.70.250 requires the cost of each licensing program to be fully borne by the profession's members and licensing fees to be based on the department's licensure costs. Reducing fees to proposed levels will align revenue with each program's expenses and enable reserves to be maintained should unanticipated events, such as complaint increases, occur. A $25 surcharge imposed on the renewal of active and inactive dentist licenses currently finances the impaired dentist program. RCW 18.32.534, as amended by HB 1534, requires the department to increase this surcharge to no more than $50.
Statutory Authority for Adoption: RCW 43.70.250 and 43.70.280.
Statute Being Implemented: HB 1534 (chapter 129, Laws of 2013).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Dick Goldsmith, Town Center 2, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4985; Implementation: Shannon Beigert, Town Center 2, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4606; and Enforcement: Blake Maresh, Town Center 2, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4760.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
July 29, 2013
Jessica Todorovich
for John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 10-19-071, filed 9/16/10, effective 10/15/10)
WAC 246-817-990 Dentist fees and renewal cycle.
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except faculty and resident licenses. ((The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.))
(2) Faculty and resident licenses must be renewed every year on July 1 as provided in chapter 246-12 WAC, Part 2. ((The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.))
(3) The following nonrefundable fees will be charged:
Title of Fee
Fee
Original application by examination*
Initial application
$((700.00)) 500.00
Original application - Without examination
Initial application
((700.00)) 500.00
Initial license
((700.00)) 500.00
Faculty license application
560.00
Resident license application
115.00
Active license renewal:
Renewal
((551.00)) 350.00
Surcharge - Impaired dentist
((25.00)) 50.00
Late renewal penalty
288.00
Expired license reissuance
300.00
Inactive license renewal:
((125.00))
Renewal
125.00
Surcharge - Impaired dentist
50.00
((Inactive)) Late renewal penalty
50.00
Duplicate license
15.00
Certification of license
25.00
Anesthesia permit
Initial application
150.00
Renewal - (Three-year renewal
cycle)
150.00
Late renewal penalty
Expired permit reissuance
50.00
On-site inspection fee
To be determined by future rule adoption.
*
In addition to the initial application fee above, applicants for licensure via examination will be required to submit a separate application and examination fee directly to the dental testing agency accepted by the dental quality assurance commission.
AMENDATORY SECTION (Amending WSR 12-19-088, filed 9/18/12, effective 11/1/12)
WAC 246-853-990 Osteopathic fees and renewal cycle.
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except postgraduate training limited licenses.
(2) Postgraduate training limited licenses must be renewed every year to correspond to program dates.
(3) The following nonrefundable fees will be charged for osteopathic physicians:
Title of Fee
Fee
Endorsement application
$((600.00)) 425.00
Active license renewal
((600.00)) 425.00
Active late renewal penalty
250.00
Active expired license reissuance
250.00
Inactive license renewal
350.00
Expired inactive license reissuance
225.00
Inactive late renewal penalty
175.00
Endorsement/state exam application
500.00
Reexam
100.00
Certification of license
50.00
Limited license application
325.00
Limited license renewal
300.00
Temporary permit application
70.00
Duplicate certificate
20.00
Substance abuse
 
monitoring surcharge
25.00
UW online access fee (HEAL-WA)
16.00
(4) The following nonrefundable fees will be charged for osteopathic physician assistants:
Title of Fee
Fee
Application
$250.00
Renewal
250.00
Late renewal penalty
150.00
Expired license reissuance
100.00
Certification of license
30.00
Practice plan
70.00
Interim permit
200.00
License after exam
100.00
Duplicate certificate
20.00
Substance abuse
 
monitoring surcharge
25.00
UW online access fee (HEAL-WA)
16.00
AMENDATORY SECTION (Amending WSR 12-19-088, filed 9/18/12, effective 11/1/12)
WAC 246-922-990 Podiatry fees and renewal cycle.
(1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2, except for postgraduate training limited licenses.
(2) Postgraduate training limited licenses must be renewed every year to correspond to program dates.
(3) The following nonrefundable fees will be charged:
Title of Fee
Fee
Application
$((975.00)) 650.00
License renewal
((975.00)) 650.00
Inactive license renewal
175.00
Inactive late renewal penalty
100.00
Active late renewal penalty
300.00
Active expired license reissuance
300.00
Expired inactive license reissuance
67.50
Duplicate license
30.00
Certification of license
50.00
Retired active status
275.00
Temporary practice permit
50.00
Limited license application
400.00
Limited license renewal
475.00
Substance abuse
monitoring surcharge
25.00
UW online access fee (HEAL-WA)
16.00