DEPARTMENT OF HEALTH

(Board of Denturists)

[Filed September 22, 2020, 10:34 a.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: WAC 246-812-010, 246-812-120, 246-812-125, and 246-812-161, the board of denturists is proposing to repeal requirements for AIDS education and training from registration, certification, and licensure requirements as a result of the repealed AIDS education and training requirements for health professionals obtaining registration, certification, and licensure under ESHB 1551 (chapter 76, Laws of 2020).

Hearing Location(s): On Friday, November 6, 2020, at 12:00 noon. In response to the coronavirus disease 2019 (COVID-19), the board of denturists will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical meeting space, will be held instead.

To access the meeting: Please join the meeting from your computer, tablet, or smartphone: https://global.gotomeeting.com/join/423366245. You can also dial in using your phone: United States: +1 (669) 224-3412. Access Code: 423-366-245. New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/423366245.

Date of Intended Adoption: November 6, 2020.

Submit Written Comments to: Vicki Brown, Program Manager, Office of Health Professions, Board of Denturists, P.O. Box 47852, Olympia, WA 98504-7852, email vicki.brown@doh.wa.gov, https://fortress.wa.gov/doh/policyreview, fax 360-236-4901, by October 30, 2020.

Assistance for Persons with Disabilities: Contact Vicki Brown, phone 360-236-4865, fax 360-236-4901, TTY 711, email vicki.brown@doh.wa.gov, by October 30, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of denturists (board) proposed to repeal requirements in chapter 246-812 WAC requiring AIDS prevention and information education. The proposed amendments will remove requirements in WAC 246-812-010(1), definitions, 246-812-120(6), denturist licensure—Eligibility and application requirements, 246-812-125(6), denturist—Endorsement, and 246-812-161 (3)(c)(vii), inactive license.

Reasons Supporting Proposal: ESHB 1551 repealed RCW 70.24.270 Health professionals—Rules for AIDS education and training by removing AIDS education and training requirements.

As a result of ESHB 1551, the department of health (DOH) will repeal chapter 246-12 WAC, Part 8 - AIDS prevention and information education requirements. The board proposes to repeal requirements in WAC 246-812-010(1), 246-812-120(6), 246-812-125(6), and 246-812-161 (3)(c)(vii) requiring AIDS education and training for denturists. These rules detail the definitions, acceptable training and education, and documentation requirements for denturists concerning AIDS including the number of hours of training required. The board is proposing to no longer require these in support of legislation and reducing stigma towards people living with HIV/AIDS (PLWH).

When Washington adopted statues [statutes] concerning AIDS, very little was known about the disease compared to today. In 2014, Governor Inslee issued a proclamation supporting End AIDS Washington, a statewide initiative to reduce new HIV cases by fifty percent by the end of 2020. In an effort to reduce stigma, ESHB 1551 repeals statues [statutes] concerning AIDS education and training for emergency medical personnel, health professionals, and health care facility employees reducing stigma towards PLWH by not singling out AIDS as an exceptional disease that requires specific training and education separate from other health conditions.

Statutory Authority for Adoption: RCW 18.30.065.

Statute Being Implemented: ESHB 1551 (chapter 76, Laws of 2020).

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

Name of Proponent: DOH, board of denturists, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Vicki Brown, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4865.

A school district fiscal impact statement is not required under RCW 28A.305.135.

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)(v) exempts rules, the content of which is explicitly and specifically dictated by statute.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

AMENDATORY SECTION(Amending WSR 20-04-028, filed 1/28/20, effective 2/28/20)

WAC 246-812-010Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) (("Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health by rule.

(2))) "Approval" and "accreditation" are used interchangeably with reference to sanctioning of courses.

(((3)))(2) "Bruxism" means the excessive grinding of the teeth or excessive clenching of the jaw.

AMENDATORY SECTION(Amending WSR 20-04-028, filed 1/28/20, effective 2/28/20)

WAC 246-812-120Denturist licensure—Eligibility and application requirements.

An applicant for a denturist license shall submit to the board:

(1) A completed application;

(2) The application fee required under WAC 246-812-990;

(3) Verification of passing both a board-approved written examination and a practical examination which includes a practical demonstration of skills;

(4) Verification of having passed the online jurisprudence examination; and

(5) An official transcript from an educational institution approved by the board((; and

(6) Verification of seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8)).

AMENDATORY SECTION(Amending WSR 20-04-028, filed 1/28/20, effective 2/28/20)

WAC 246-812-125Denturist licensure—Endorsement.

An applicant for licensure who is currently licensed to practice denturism in another state, territory of the United States, District of Columbia, or Puerto Rico, that the board has determined has substantially equivalent licensing standards including written and clinical examinations, shall submit to the board:

(1) A completed application;

(2) The application fee required in WAC 246-812-990;

(3) An official transcript from an educational program approved by the board;

(4) Verification of successful completion of board-approved examinations that include:

(a) A written examination that contains the topics listed in RCW 18.30.100(4);

(b) A practical examination that includes a practical demonstration of skills; and

(5) Current licensure in a jurisdiction approved by the board under RCW 18.30.090(1)((; and

(6) Seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8)).

AMENDATORY SECTION(Amending WSR 20-04-028, filed 1/28/20, effective 2/28/20)

WAC 246-812-161Inactive license.

(1) A licensed denturist may obtain an inactive license by meeting the requirements of WAC 246-12-090.

(2) An inactive license must be renewed every year on the denturist's birthday according to WAC 246-12-100 and pay the applicable fees according to WAC 246-812-990.

(3) A denturist with an inactive license may return to active status.

(a) If a license is inactive for three years or less, to return to active status the denturist shall meet the requirements of WAC 246-12-110 and pay the applicable fees in WAC 246-812-990;

(b) If a license is inactive for more than three years and the denturist has been actively practicing in a board-approved state, territory of the United States, District of Columbia, or Puerto Rico the denturist shall:

(i) Provide to the board primary source verification of the active denturist license, submitted directly from another licensing entity that includes:

(A) License number;

(B) Issue date;

(D) Whether the denturist is or has been the subject of final or pending disciplinary action.

(ii) Provide to the board verification of current active practice in a board-approved state, territory of the United States, District of Columbia, or Puerto Rico for the last three years; and

(iii) Meet the requirements of WAC 246-12-110 and pay the applicable fees in WAC 246-812-990.

(c) If a license is inactive for more than three years, and the denturist has not been actively practicing in a board-approved state, territory of the United States, District of Columbia, or Puerto Rico the denturist shall provide to the board:

(i) A written request to change inactive licensure status to active status;

(ii) The applicable fees according to WAC 246-812-990;

(iii) Documentation of successful completion of the examinations as required in RCW 18.30.100;

(iv) Primary source verification of all denturist or health care licenses held, submitted directly from the licensing agency that includes:

(A) License number;

(B) Issue date;

(D) Whether the practitioner is or has been the subject of final or pending disciplinary action.

(v) Written declaration that continuing competency requirements for the two most recent years have been met according to WAC 246-812-159; and

(vi) Proof of successful completion of the approved written jurisprudence examination within the past year((; and

(vii) Proof of AIDS education according to WAC 246-817-120)).