WSR 22-15-074

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed July 18, 2022, 9:03 a.m., effective December 1, 2022]

Effective Date of Rule: December 1, 2022.

Purpose: WAC 246-840-990 Fees and renewal cycle. The department of health (department), in consultation with the nursing care quality assurance commission (commission), amended WAC 246-840-990 to implement fee changes for registered nurses (RNs), licensed practical nurses (LPNs), and advanced registered nurse practitioners (ARNPs). RCW 43.70.250 requires that the costs of licensing each profession be fully borne by members of that profession. The fee increases are necessary: To cover the cost of a database solution to replace an outdated licensing system; for staffing to continue nurse license processing within legislated timelines; and for staffing to address increased workload associated with nursing assistants and the long-term care crisis.

The application and renewal fee will increase for RNs by $15 from $99 to $114. The application and renewal fee will increase for LPNs by $5 from $64 to $69. RNs and LPNs pay a renewal fee each year. The application and renewal fee for ARNPs will increase by $5 from $125 to $130. ARNPs pay a renewal every two years, but ARNPs must also pay the RN renewal fee each year. A fee change for nursing technicians (nursing students working up to their level of education) will not occur at this time because there are far fewer in the profession and raising fees for them would cause an undue burden financially. A $16 surcharge for an online evidence-based library for health professionals in Washington state provided by the University of Washington (HEAL-WA) and a surcharge of $5 to support the Washington Center for Nursing did not increase. These surcharges are added to the fees shown above and impact the total fees for applications and renewals. These surcharges are mandated by the Washington state legislature.

A technical change was made to WAC 246-840-990(5) to clearly identify rules in another WAC chapter with which the commission must comply. No language, only numerical changes were made to this subsection of rule from the proposed rule to the adopted version.

Citation of Rules Affected by this Order: Amending WAC 246-840-990.

Statutory Authority for Adoption: RCW 18.36A.060, 18.36A.140, 43.70.110, 43.70.250, 43.70.280.

Adopted under notice filed as WSR 22-10-104 on May 4, 2022.

Changes Other than Editing from Proposed to Adopted Version: After the June 13, 2022, public hearing, new year-end fiscal information was reviewed. Total revenue in the last year was higher than originally forecast. The department, in consultation with the commission, determined that the fee increase for RNs should be less than originally proposed and has been decreased from $25 to $15 based on the adjusted projections. The language of the adopted rule differs from the proposed rule in that the RN fee is now $114.

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 1, 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 1, Repealed 0.

Date Adopted: July 18, 2022.

Kristin Peterson, JD

Deputy Secretary

Policy and Planning

for Umair A. Shah, MD, MPH

Secretary

OTS-3711.2