WSR 22-01-169
EMERGENCY RULES
DEPARTMENT OF HEALTH
[Filed December 17, 2021, 11:19 a.m., effective December 17, 2021, 11:19 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: WAC 246-72-020 Certificate requirements, and 246-72-080 Renewals and updating license information. Current certificate requirements for medical marijuana certified consultants (MMCC) under WAC 246-72-020 require an initial applicant to obtain a cardiopulmonary resuscitation (CPR) card from a training course that includes both a written examination and skills demonstration test in order to receive a MMCC credential from the department of health (department). The department is amending this section of rule to temporarily suspend the skills demonstration portion of the CPR requirement to allow initial applicants to move forward in the department's application process during the coronavirus disease (COVID-19) declared emergency. WAC 246-72-080 does not specify CPR requirements include a skills demonstration test for renewal of a MMCC credential, however the department interprets this requirement to be the same as defined in WAC 246-72-020. Therefore, the department is also revising WAC 246-72-080 in this rule making to clarify that the in-person CPR requirement suspension applies to renewing applicants as well as initial applications. This is the fifth filing of these emergency rules and will replace the previous emergency rules filed on August 20, 2021, under WSR 21-18-013. It remains necessary as the COVID-19 pandemic continues to make in-person courses difficult to access.
Citation of Rules Affected by this Order: Amending WAC 246-72-020 and 246-72-080.
Statutory Authority for Adoption: RCW 69.51A.290.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: RCW 69.51A.290 provides the department authority to adopt rules and requirements for licensing and regulating MMCC. Under the COVID-19 pandemic restrictions, in-person CPR training programs were suspended. As the COVID-19 declared emergency continues, in-person trainings are still difficult to access, making it impossible for some current and new applicants to obtain licensure and continue providing services allowed under WAC 246-72-030 to patients in Washington. The skills demonstration portion of the CPR requirement was adopted in rule in 2017 to address patient concerns relating to certified consultant trainings. A consultant's role includes spending a significant amount of time assisting patients (some with acute or chronic health conditions) with getting registered and product selection.
Continuation of the amendments of these existing rules is necessary for the preservation of public health, safety, and general welfare. Licensees have shared that they are struggling to meet the CPR requirements to gain or maintain their MMCC. Furthermore, retailers are required to have an MMCC on staff in order to serve patients from the medical marijuana community. If licensees are not able to gain or renew their certification, not only will the MMCC be unable to provide care, but the retail store itself may no longer be able to provide services to medical patients, making it very difficult or impossible for patients to access their medication. By temporarily suspending the skills demonstration portion of the CPR training requirement under WAC 246-72-020 and 246-72-080, both new and renewing applicants will be able to continue with certification and provide the necessary health care services to patients in need. Observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, 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 2, Repealed 0.
Date Adopted: December 17, 2021.
Kristin Peterson, JD
Deputy Secretary
Policy and Planning
for Umair A. Shah, MD, MPH
Secretary
OTS-2302.1
AMENDATORY SECTION(Amending WSR 18-07-030, filed 3/12/18, effective 4/12/18)
WAC 246-72-020Certificate requirements.
An applicant for a medical marijuana consultant certificate must submit to the department:
(1) A completed initial application on forms provided by the department;
(2) Fees required under WAC 246-72-110;
(3) Certificate of successful completion from an approved training program;
(4) Proof of being age twenty-one or older. Acceptable forms of proof are a copy of the applicant's valid driver's license or other government-issued identification card, United States passport, or certified birth certificate;
(5) Proof of current CPR certification from a course requiring completion of ((both)) a written ((and skills demonstration)) test; and
(6) Any other documentation required by the secretary.
OTS-2528.1
AMENDATORY SECTION(Amending WSR 18-07-030, filed 3/12/18, effective 4/12/18)
WAC 246-72-080Renewals and updating license information.
(1) Certificates must be renewed every year on the certificate holder's birthday. Initial certificates issued within ninety days of the certificate holder's birthday do not expire until the person's next birthday.
(2) Renewals:
(a) Prior to the certificate expiration date, courtesy renewal notices are mailed to the address on file. Certificate holders must return the renewal notice when renewing their credential. Failure to receive a courtesy renewal notice does not relieve or exempt the renewal requirement.
(b) The certificate holder must attest to completion of annual certification requirements, including current CPR certification as outlined in WAC 246-72-020.
(c) Renewal fees are accepted by the department no sooner than ninety days prior to the expiration date.
(3) Duplicate certificate: A certificate holder may obtain a duplicate certificate by submitting a written request to the department and paying the fee as required in WAC 246-72-990.
(4) Name changes: It is the responsibility of each certificate holder to maintain his or her correct name on file with the department. Requests for name changes must be submitted in writing to the department along with documentation showing the name was legally changed.
(5) Address changes: It is the responsibility of each certificate holder to maintain his or her current address on file with the department. Requests for address changes must be made in writing. The mailing address on file with the department will be used for mailing of all official matters to the certificate holder.