WSR 15-03-085 PROPOSED RULES DEPARTMENT OF HEALTH (Dental Quality Assurance Commission) [Filed January 21, 2015, 7:42 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-15-079.
Title of Rule and Other Identifying Information: WAC 246-817-187 Temporary practice permit—Military spouse eligibility and issuance, adding a new section to provide for temporary practice permits to be issued to military spouses or state-registered domestic partners who hold out-of-state credentials as dentists, expanded function dental auxiliaries, dental assistants, or dental anesthesia assistants.
Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on March 6, 2015, at 8:05 a.m.
Date of Intended Adoption: March 6, 2015.
Submit Written Comments to: Jennifer Santiago, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by February 27, 2015.
Assistance for Persons with Disabilities: Contact Jennifer Santiago by February 27, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule describes the procedure to issue a temporary practice permit to a military spouse or state-registered domestic partner applicant who moved to Washington state because of the transfer of the military person, and where the applicant must complete specific additional licensing requirements in Washington state. The applicant must be credentialed in another state with substantially equivalent standards and meet other specific criteria.
Reasons Supporting Proposal: RCW 18.340.020 provides that military spouses may receive temporary permits while completing any specific additional requirements in Washington that are not related to a profession's training or practice standards. The proposed rule describes the requirements to obtain the temporary practice permit. The permit allows the person to work in the full scope of the profession for up to one hundred eighty days. RCW 1.12.080 requires that the interpretation of the term spouse be applied equally to state-registered domestic partners.
Statutory Authority for Adoption: RCW 18.32.0365 and 18.340.020.
Statute Being Implemented: Chapter 18.340 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state dental quality assurance commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennifer Santiago, 111 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. The agency did not complete a cost-benefit analysis. The rule is procedural, under RCW 34.05.328 (5)(c)(i), that adopts, amends or repeals a filing or related process requirement for making application to an agency for a license or permit.
January 21, 2015
Robert R. Shaw, DMD
Chair
NEW SECTION
WAC 246-817-187 Temporary practice permit—Military spouse eligibility and issuance.
A military spouse or state registered domestic partner of a military person may receive a temporary practice permit while completing any specific additional requirements that are not related to training or practice standards for the profession. This section applies to dentists licensed in chapter 18.32 RCW, expanded function dental auxiliaries licensed and dental assistants registered in chapter 18.260 RCW, and dental anesthesia assistants certified in chapter 18.350 RCW.
(1) A temporary practice permit may be issued to an applicant who is a military spouse or state registered domestic partner of a military person and:
(a) Is moving to Washington as a result of the military person's transfer to Washington;
(b) Left employment in another state to accompany the military person to Washington;
(c) Holds an unrestricted, active credential in another state that has substantially equivalent credentialing standards for the same profession to those in Washington; and
(d) Is not subject to any pending investigation, charges, or disciplinary action by the regulatory body of the other state or states.
(2) A temporary practice permit grants the individual the full scope of practice for the profession.
(3) A temporary practice permit expires when any one of the following occurs:
(a) The credential is granted;
(b) A notice of decision on the application is mailed to the applicant, unless the notice of decision on the application specifically extends the duration of the temporary practice permit; or
(c) One hundred eighty days after the temporary practice permit is issued.
(4) To receive a temporary practice permit, the applicant must:
(a) Submit the necessary application, fee(s), fingerprint card if required, and documentation for the credential;
(b) Attest on the application that the applicant left employment in another state to accompany the military person;
(c) Meet all requirements and qualifications for the credential that are specific to the training, education, and practice standards for the profession;
(d) Provide verification of having an active unrestricted credential in the same profession from another state that has substantially equivalent credentialing standards for the profession in Washington;
(e) Submit a copy of the military person's orders and a copy of:
(i) The military-issued identification card showing the military person's information and the applicant's relationship to the military person;
(ii) A marriage license; or
(iii) A state registered domestic partnership; and
(f) Submit a written request for a temporary practice permit.
(5) For the purposes of this section:
(a) "Military person" means a person serving in the United States armed forces, the United States public health service commissioned corps, or the merchant marine of the United States.
(b) "Military spouse" means the husband, wife, or registered domestic partner of a military person.
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