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Chapter 246-815 WAC

Last Update: 7/7/08

DENTAL HYGIENISTS

WAC Sections

Dental hygiene examination eligibility.
Education requirements for licensure applicants.
Dental hygiene expanded functions education requirement for licensure implementation.
Examination.
Licensure by interstate endorsement of credentials.
Application procedures for approval of dental hygiene expanded functions education programs.
Exception application procedures for approval of dental hygiene expanded functions education programs.
Standards required for approval of dental hygiene expanded functions education programs.
Curriculum requirements for expanded functions dental hygiene education programs approval.
Continuing education for dental hygienists.
Standards of dental hygiene conduct or practice.
General provisions.
Mandatory reporting.
Health care institutions.
Dental hygienist associations or societies.
Health care service contractors and disability insurance carriers.
Professional liability carriers.
Courts.
State and federal agencies.
Cooperation with investigation.
Offsite supervision.
Dental hygiene fees and renewal cycle.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
246-815-040
AIDS prevention and information education requirements. [Statutory Authority: RCW 18.29.130 and 70.24.270. WSR 92-02-018 (Order 224), § 246-815-040, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. WSR 88-22-077 (Order PM 786), § 308-25-300, filed 11/2/88.] Repealed by WSR 98-05-060, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.280.
246-815-060
Dismissal from examination. [Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). WSR 95-16-102, § 246-815-060, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.29.031. WSR 84-04-088 (Order PL 459), § 308-25-070, filed 2/1/84. Statutory Authority: RCW 43.24.020 and 43.24.024. WSR 82-06-043 (Order 672), § 308-25-070, filed 3/2/82.] Repealed by WSR 98-14-123, filed 7/1/98, effective 8/1/98. Statutory Authority: RCW 18.29.150 and 18.29.120.
246-815-070
Examination results. [Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). WSR 95-16-102, § 246-815-070, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 18.29.150(2). WSR 95-02-056, § 246-815-070, filed 1/3/95, effective 2/3/95. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-070, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-035, filed 11/13/90, effective 12/14/90. Statutory Authority: RCW 18.29.031. WSR 86-09-014 (Order PL 585), § 308-25-035, filed 4/7/86.] Repealed by WSR 98-14-123, filed 7/1/98, effective 8/1/98. Statutory Authority: RCW 18.29.150 and 18.29.120.
246-815-080
Written examination review procedures. [Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.29.120(5). WSR 90-12-068 (Order 064), § 308-25-037, filed 6/1/90, effective 7/2/90.] Repealed by WSR 98-14-123, filed 7/1/98, effective 8/1/98. Statutory Authority: RCW 18.29.150 and 18.29.120.
246-815-090
Practical examination review procedures. [Statutory Authority: RCW 18.29.120(5). WSR 92-15-033 (Order 284), § 246-815-090, filed 7/7/92, effective 8/7/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-090, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.29.120(5). WSR 90-12-068 (Order 064), § 308-25-038, filed 6/1/90, effective 7/2/90.] Repealed by WSR 98-14-123, filed 7/1/98, effective 8/1/98. Statutory Authority: RCW 18.29.150 and 18.29.120.
246-815-150
Renewal of licenses. [Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-150, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.020 and 43.24.024. WSR 82-06-043 (Order 672), § 308-25-050, filed 3/2/82.] Repealed by WSR 98-05-060, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.280.
246-815-300
Reinstatement of a dental hygiene expired license. [Statutory Authority: RCW 18.29.071. WSR 94-04-005, § 246-815-300, filed 1/20/94, effective 2/20/94.] Repealed by WSR 98-05-060, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.280.


246-815-020
Dental hygiene examination eligibility.

(1) To be eligible to take the approved dental hygiene examination, the applicant must meet the following requirements:
(b) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.
(c) The applicant must demonstrate knowledge of Washington law pertaining to the practice of dental hygiene including the administration of legend drugs.
(d) The applicant must complete the required application materials and pay the required fee.
(2) The application must include:
(a) The required examination fee.
(b) Either the national board IBM card reflecting a passing score or a notarized copy of the national board certificate.
(c) One photograph of the applicant taken within one year preceding the application.
(3) An official transcript or certificate of completion constitutes proof of successful completion from an approved dental hygiene education program. No other proof of successful completion is acceptable.
[Statutory Authority: RCW 43.70.280, 18.29.120, 18.29.140, and 18.29.150. WSR 04-20-049, § 246-815-020, filed 10/1/04, effective 11/1/04. Statutory Authority: RCW 43.70.280. WSR 98-05-060, § 246-815-020, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). WSR 95-16-102, § 246-815-020, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 18.29.130. WSR 92-02-018 (Order 224), § 246-815-020, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-020, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-011, filed 11/13/90, effective 12/14/90.]



246-815-030
Education requirements for licensure applicants.

(1) To be eligible for dental hygiene licensure, the applicant must have successfully completed a dental hygiene education program approved by the secretary of the department of health. The secretary adopts the standards of the American Dental Association Commission on Dental Accreditation ("CODA") relevant to the accreditation of dental hygiene schools, in effect through June 2007. In implementing the adopted standards, the secretary approves those dental hygiene education programs that are currently accredited and received initial "CODA" accreditation on or before June 30, 2007, provided, that the accredited education program's curriculum includes:
(a) Didactic and clinical competency in the administration of injections of local anesthetic;
(b) Didactic and clinical competency in the administration of nitrous oxide analgesia;
(c) Didactic and clinical competency in the placement of restorations into cavities prepared by a dentist; and
(d) Didactic and clinical competency in the carving, contouring, and adjusting contacts and occlusions of restorations.
(3) A form will be provided in the department of health licensure application packages for the purpose of education verification.
(4) The standards of the American Dental Association Commission on Dental Accreditation relevant to the accreditation of dental hygiene schools are available from the American Dental Association, 211 East Chicago Ave., Chicago, IL 60611-2678, 312-440-2500, http://www.ada.org/.
[Statutory Authority: RCW 18.29.130. WSR 07-22-109, § 246-815-030, filed 11/6/07, effective 12/7/07; WSR 94-05-053, § 246-815-030, filed 2/10/94, effective 3/13/94; WSR 92-02-018 (Order 224), § 246-815-030, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-030, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-013, filed 11/13/90, effective 12/14/90.]



246-815-031
Dental hygiene expanded functions education requirement for licensure implementation.

[Statutory Authority: RCW 18.29.130(6). WSR 92-03-006 (Order 232), § 246-815-031, filed 1/3/92, effective 2/3/92; WSR 91-11-065 (Order 172), § 246-815-031, filed 5/16/91, effective 6/16/91.]



246-815-050
Examination.

(1) The dental hygiene examination will consist of both written and practical tests approved by the committee, as described in this section. An applicant seeking licensure in Washington by examination must successfully complete all of the following:
(a) The dental hygiene national board examination.
(b) The Washington drug and law examination.
(c) The Western Regional Examining Board (WREB) dental hygiene practical examinations from May 8, 1992.
(i) Patient evaluation clinical competency;
(ii) Prophylaxis clinical competency;
(iii) Anesthesia clinical competency; and
(iv) Restorative clinical competency.
(d) In lieu of the WREB examination (or any of its subparts), the secretary may accept a substantially equivalent examination (or substantially equivalent subparts).
(2) The committee may, at its discretion, give a test in any other phase of dental hygiene. Candidates will receive information concerning each examination.
(3) The applicant will comply with all written instructions provided by the department of health.
[Statutory Authority: RCW 43.70.280, 18.29.120, 18.29.140, and 18.29.150. WSR 04-20-049, § 246-815-050, filed 10/1/04, effective 11/1/04. Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). WSR 95-16-102, § 246-815-050, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 18.29.120(2). WSR 95-07-003, § 246-815-050, filed 3/2/95, effective 4/2/95. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-050, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-015, filed 11/13/90, effective 12/14/90. Statutory Authority: RCW 18.29.031. WSR 86-09-014 (Order PL 585), § 308-25-015, filed 4/7/86.]



246-815-100
Licensure by interstate endorsement of credentials.

(1) The applicant has successfully completed a dental hygiene education program which is approved by the secretary of the department of health pursuant to WAC 246-815-030.
(2) The applicant has been issued a valid, current, nonlimited license by successful completion of a dental hygiene examination in another state. The other state's current licensing standards must be substantively equivalent to the licensing standards in the state of Washington. The other state's examination must have included the following portions and minimum level of competency standards.
(a) Written tests - The written tests include:
(i) The National Board of Dental Hygiene examination.
(ii) A state written test covering the current dental hygiene subjects that are tested for Washington state.
(b) Practical tests - All portions shall be graded anonymously by calibrated practicing dental hygienists or dental hygienists and dentists. The calibration process shall consist of training sessions which include components to evaluate and confirm each examiners ability to uniformly detect known errors on pregraded patients and/or dentoforms. Examiners will be calibrated to the established standard of minimum level of competency. The examination must have equivalent patient selection criteria for the patient evaluation, prophylaxis and anesthesia portions. The Western Regional Examining Board (WREB) practical tests. In lieu of the WREB practical tests, the secretary may accept substantially equivalent tests. The practical tests include:
(i) Patient evaluation clinical competency;
(ii) Prophylaxis clinical competency;
(iii) Anesthesia clinical competency; and
(iv) Restorative clinical competency.
(3) The applicant holds a valid current license, and has been currently engaged in clinical practice at any time within the previous year as a dental hygienist in another state or in the discharge of official duties in the United States Armed Services, Coast Guard, Public Health Services, Veterans' Bureau, or Bureau of Indian Affairs. Verification of licensure must be obtained from the state of licensure, and any fees for verification required by the state of licensure must be paid by the applicant.
(4) The applicant has not engaged in unprofessional conduct as defined in the Uniform Disciplinary Act in RCW 18.130.180 or is not an impaired practitioner under RCW 18.130.170 in the Uniform Disciplinary Act.
(5) Applicants must complete seven clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.
(6) The applicant demonstrates to the secretary knowledge of Washington law pertaining to the practice of dental hygiene.
(7) The applicant completes the required application materials and pays the required application fee. Applications for licensure by interstate endorsement are available from the department of health dental hygiene program.
(8) If the secretary of the department of health finds that the other state's licensing standards are substantively equivalent except for a portion(s) of the examination, the applicant may take that portion(s) to qualify for interstate endorsement. That portion(s) of the exam must be successfully completed to qualify for interstate endorsement and an additional examination fee as well as the licensure by interstate endorsement fee shall be required.
[Statutory Authority: RCW 43.70.280, 18.29.120, 18.29.140, and 18.29.150. WSR 04-20-049, § 246-815-100, filed 10/1/04, effective 11/1/04. Statutory Authority: RCW 43.70.280. WSR 98-05-060, § 246-815-100, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). WSR 95-16-102, § 246-815-100, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 18.29.045. WSR 93-06-042A (Order 332), § 246-815-100, filed 2/24/93, effective 3/27/93. Statutory Authority: RCW 18.29.130. WSR 92-02-018 (Order 224), § 246-815-100, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-100, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-041, filed 11/13/90, effective 12/14/90.]



246-815-110
Application procedures for approval of dental hygiene expanded functions education programs.

(1) The representative of the education program must complete the required application materials and pay the required nonrefundable fee.
(2) Applications for approval of dental hygiene expanded functions education programs are available from the department of health, dental hygiene program.
(4) The application may include a site visit and evaluation at the discretion of the secretary of the department of health.
(5) An approved dental hygiene expanded function education program shall report in writing all modifications of the approved program to the department of health and shall be required to pay the nonrefundable evaluation fee if the secretary of the department determines that the modification(s) substantially affects an area included in WAC 246-815-120.
[Statutory Authority: RCW 43.70.280, 18.29.120, 18.29.140, and 18.29.150. WSR 04-20-049, § 246-815-110, filed 10/1/04, effective 11/1/04. Statutory Authority: RCW 18.29.130. WSR 92-02-018 (Order 224), § 246-815-110, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-110, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-072, filed 11/13/90, effective 12/14/90.]



246-815-115
Exception application procedures for approval of dental hygiene expanded functions education programs.

(1) This section applies only to dental hygiene programs:
(a) Currently accredited by the American Dental Association Commission on Dental Accreditation; and
(b) With accredited program curriculum that includes the administration of local anesthetic, administration of nitrous oxide analgesia and restorative dentistry.
(2) A program representative may apply for approval of a dental hygiene expanded function(s) education program by submitting to the department:
(a) An application on forms available from the department of health, dental hygiene program.
(b) The current and the proposed expanded function course outlines and syllabuses, and:
(i) An identification of the differences between the current and proposed courses;
(ii) Documentation of the differences between the current and proposed courses.
(3) The program representative shall not submit a self study guide or an application fee.
(4) The department may, at the secretary's discretion, conduct a site visit and evaluation.
(5) The representative of an approved expanded function education program shall report all modifications of the approved program to the department in writing.
[Statutory Authority: RCW 43.70.280, 18.29.120, 18.29.140, and 18.29.150. WSR 04-20-049, § 246-815-115, filed 10/1/04, effective 11/1/04. Statutory Authority: RCW 18.29.130(6) and 18.29.021 (1)(a). WSR 92-03-126 (Order 236), § 246-815-115, filed 1/21/92, effective 2/21/92.]



246-815-120
Standards required for approval of dental hygiene expanded functions education programs.

The standards for approval by the secretary of the department of health of dental hygiene expanded functions education programs shall include:
(1) Administration. Administrative structure must insure the attainment of program goals. Administration must include formal provisions for program planning, development, staffing, direction, coordination and evaluation.
(2) Curriculum. The curriculum must be defined in terms of program goals, general and specific instructional objectives, learning experiences designed to achieve goals and objectives and evaluation procedures to assess attainment of goals and objectives.
(a) Instructional objectives shall be defined in the cognitive, psychomotor and affective domains which are consistent with and contributory to the attainment of program goals.
(b) Written documentation of all aspects of the curriculum, including comprehensive course outlines, must be prepared by the faculty.
(c) There must be mechanisms for ongoing curriculum evaluation, revision and implementation.
(3) Admissions. Admission of dental hygiene students must be based upon specific written criteria, procedures and policies.
(a) The program administrator and faculty, in cooperation with appropriate college personnel, shall establish admission criteria procedures and policies that will be followed in accepting students.
(b) Civil rights and nondiscriminatory policies must be observed in admitting students.
(4) Faculty. The program shall be staffed by faculty who are well qualified in curricular subject matter, dental hygiene functions and educational methodology.
(5) Facilities. Physical facilities and equipment must be adequate to permit achievement of dental hygiene program objectives. Facilities shall effectively accommodate the number of students, faculty and staff and include appropriate provisions for safety.
(6) Learning resources. A wide range of printed materials and instructional aids and equipment shall be available for utilization by students and faculty.
(7) Students. Policies and procedures to protect and serve students must be established and implemented.
(a) Ethical standards and policies to protect the students as consumers and avenues for appeal and due process must be provided.
(b) Student records should accurately reflect work accomplished in the program and be maintained in a secure manner.
(8) Assess outcomes. The program must regularly evaluate the degree to which its goals are being met through a formal assessment of outcomes. Approved programs must design and implement their own outcome measures to determine the degree to which their stated goals and objectives are met.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-120, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-073, filed 11/13/90, effective 12/14/90.]



246-815-130
Curriculum requirements for expanded functions dental hygiene education programs approval.

(1) Curriculum for expanded function dental hygiene education programs approved by the secretary of the department of health shall include:
(a) Instruction in the administration of injections of a local anesthetic.
(i) The basic curriculum shall require didactic and clinical competency.
(ii) Demonstration of clinical proficiency in each of the following functions:
Infiltration: ASA, MSA, Nasopalatine, greater palatine.
Block: Long buccal, mental, inferior alveolar and PSA.
(b) Instruction in the administration of nitrous oxide analgesia. The basic curriculum shall require didactic and clinical competency.
(c) Instruction in restorative dentistry and specifically how to place restorations into a cavity prepared by the dentist and thereafter carve, contour, and adjust contacts and occlusion of the restoration. The basic curriculum shall require didactic and clinical competency.
(2) Representatives of expanded function dental hygiene education programs may apply for approval of one or more of (1)(a)-(c) above. Approval of the specific expanded function(s) will be based on the applicable curriculum listed in (1)(a)−(c) above.
(3) It shall be the responsibility of the approved expanded functions education program to evaluate the students curriculum needs on an individual basis for successful completion of their approved program.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-130, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-074, filed 11/13/90, effective 12/14/90.]



246-815-140
Continuing education for dental hygienists.

(2) Requirements. Licensed dental hygienists must complete 15 clock hours of continuing education as required in chapter 246-12 WAC, Part 7. A current CPR card must be maintained as part of this requirement.
(3) Acceptable continuing education. Continuing education must be dental related education for professional development as a dental hygienist. The 15 clock hours shall be obtained through continuing education courses, correspondence courses, college credit courses, dental hygiene examination standardization/calibration workshops and dental hygiene examination item writer workshops.
[Statutory Authority: RCW 43.70.280. WSR 98-05-060, § 246-815-140, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-140, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 18.29 RCW, RCW 18.29.021, [18.29.]045 and [18.29.]130. WSR 90-23-011 (Order 098), § 308-25-180, filed 11/13/90, effective 12/14/90.]



246-815-160
Standards of dental hygiene conduct or practice.

The purpose of defining standards of dental hygiene conduct or practice is to identify minimum responsibilities of the registered dental hygienist licensed in Washington in health care settings and as provided in the Dental Hygiene Practice Act, chapter 18.29 RCW, and the Uniform Disciplinary Act, chapter 18.130 RCW. The standards provide consumers with information about quality care and provides the secretary guidelines to evaluate safe and effective care. Upon entering the practice of dental hygiene, each individual assumes the responsibility, public trust, and a corresponding obligation to adhere to the standards of dental hygiene practice.
(1) Dental hygiene provision of care.
The dental hygienist shall:
(a) Accurately and systematically collect, permanently record, and update data on the general and oral health status of the client.
(b) Communicate collected data to the appropriate health care professional.
(c) Take into consideration the dental hygiene assessment, the client treatment goals, appropriate sequencing of procedures, and currently accepted scientific knowledge in developing a dental hygiene plan.
(i) The dental hygiene plan shall include preventative and therapeutic care to promote and maintain the clients' oral health.
(ii) Where appropriate, the dental hygiene plan shall be compatible with the treatment plan of other licensed health care professionals.
(d) Communicate the dental hygiene plan to the client and/or legal guardian.
The client and/or legal guardian or where appropriate other health care professionals are to be informed of the progress and results of dental hygiene care and clients' self-care.
(e) Continually reevaluate client progress related to the attainment of their oral health goals. Implement additional dental hygiene treatment and client self-care as appropriate.
(2) Professional responsibilities.
The licensed dental hygienist shall have knowledge of the statutes and regulations governing dental hygiene practice and shall function within the legal scope of dental hygiene practice.
[Statutory Authority: RCW 18.29.130, 18.29.076 and 18.130.050. WSR 92-02-018 (Order 224), § 246-815-160, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-160, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.29.076 and 18.130.050(12). WSR 89-16-096 (Order PM 858), § 308-25-170, filed 8/2/89, effective 9/2/89.]



246-815-170
General provisions.

(2) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.
(3) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.
(4) "Department" means the department of health.
(5) "Dental hygienist" means a person licensed pursuant to chapter 18.29 RCW.
(6) "Mentally or physically disabled dental hygienist" means a dental hygienist who is currently mentally incompetent or mentally ill as determined by a court, or who is unable to practice dental hygiene with reasonable skill and safety to patients by reason of any mental or physical condition and who continues to practice while so impaired.
[Statutory Authority: RCW 18.29.130 and 18.130.070. WSR 92-02-018 (Order 224), § 246-815-170, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-170, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-080, filed 6/30/89.]



246-815-180
Mandatory reporting.

(1) All reports required by this chapter shall be submitted to the department as soon as possible, but no later than twenty days after a determination is made.
(2) A report should contain the following information if known:
(a) The name, address, and telephone number of the person making the report.
(b) The name and address and telephone numbers of the dental hygienist being reported.
(c) The case number of any client whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid in the evaluation of the report.
(3) Mandatory reports shall be exempt from public inspection and copying to the extent permitted under RCW 42.17.310 or to the extent that public inspection or copying of the report or any portion of the report would invade or violate a person's right to privacy as set forth in RCW 42.17.255.
(4) A person is immune from civil liability, whether direct or derivative, for providing information to the department pursuant to RCW 18.130.070.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-180, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-090, filed 6/30/89.]



246-815-190
Health care institutions.

The chief administrator or executive officer or their designee of any hospital or nursing home shall report to the department when any dental hygienist's services are terminated or are restricted based on a determination that the dental hygienist has either committed an act or acts which may constitute unprofessional conduct or that the dental hygienist may be unable to practice with reasonable skill or safety to the client by reason of a mental or physical condition.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-190, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-100, filed 6/30/89.]



246-815-200
Dental hygienist associations or societies.

The president or chief executive officer of any dental hygienist association or society within this state shall report to the department when an association or society determines that a dental hygienist has committed unprofessional conduct or that a dental hygienist may not be able to practice dental hygiene with reasonable skill and safety to clients as the result of any mental or physical condition. The report required by this section shall be made without regard to whether the license holder appeals, accepts, or acts upon the determination made by the association or society. Notification of appeal shall be included.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-200, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-110, filed 6/30/89.]



246-815-210
Health care service contractors and disability insurance carriers.

The executive officer of every health care service contractor and disability insurer, licensed under chapters 48.20, 48.21, 48.21A, and 48.44 RCW, operating in the state of Washington shall report to the department all final determinations that a dental hygienist has engaged in fraud in billing for services.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-210, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-120, filed 6/30/89.]



246-815-220
Professional liability carriers.

Every institution or organization providing professional liability insurance directly or indirectly to dental hygienists shall send a complete report to the department of any malpractice settlement, award, or payment in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured dental hygienist's incompetency or negligence in the practice of dental hygiene. Such organization or institution shall also report the award, settlement, or payment of three or more claims during a twelve-month period as a result of the dental hygienist's alleged incompetence or negligence in the practice of dental hygiene.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-220, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-130, filed 6/30/89.]



246-815-230
Courts.

The department requests the assistance of the clerk of trial courts within the state to report all professional malpractice judgments and all convictions of licensed dental hygienists, other than minor traffic violations.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-230, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-140, filed 6/30/89.]



246-815-240
State and federal agencies.

The department requests the assistance of executive officers of any state or federal program operating in the state of Washington, under which a dental hygienist is employed to provide client care services, to report to the department whenever such a dental hygienist has been judged to have demonstrated his/her incompetency or negligence in the practice of dental hygiene, or has otherwise committed unprofessional conduct, or is a mentally or physically disabled dental hygienist. These requirements do not supersede any federal or state law.
[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-240, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-150, filed 6/30/89.]



246-815-250
Cooperation with investigation.

(1) A licensee must comply with a request for records, documents, or explanation from an investigator who is acting on behalf of the secretary of the department of health by submitting the requested items within fourteen calendar days of receipt of the request by either the licensee or their attorney, whichever is first. If the licensee fails to comply with the request within fourteen calendar days, the investigator will contact that individual or their attorney by telephone or letter as a reminder.
(2) Investigators may extend the time for response if the request for extension does not exceed seven calendar days. Any other requests for extension of time may be granted by the secretary or the secretary's designee.
(4) If the licensee complies with the request after the issuance of the statement of charges, the secretary or the secretary's designee will decide if the charges will be prosecuted or settled. If the charges are to be settled the settlement proposal will be negotiated by the secretary's designee. Settlements are not considered final until the secretary signs the settlement agreement.
[Statutory Authority: RCW 18.29.130 and 18.130.070. WSR 92-02-018 (Order 224), § 246-815-250, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-250, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. WSR 89-14-092 (Order PM 842), § 308-25-160, filed 6/30/89.]



246-815-260
Offsite supervision.

Offsite supervision means that a licensed dental hygienist has entered into a written practice plan under RCW 18.29.056 with a dentist licensed in Washington. The dentist must agree to be available for contact as documented in the practice plan. The dental hygienist must submit the practice plan to the department for approval. Offsite supervision does not require the physical presence of the supervising dentist at the treatment site.
[Statutory Authority: RCW 18.29.130 and 18.29.056. WSR 08-12-076, § 246-815-260, filed 6/3/08, effective 7/4/08.]



246-815-990
Dental hygiene 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. 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) The following nonrefundable fees will be charged:
Title of Fee
Fee
Application examination and reexamination. . . .
$100.00
Renewal. . . .
50.00
Late renewal penalty. . . .
50.00
Expired license reissuance. . . .
50.00
Credentialing application. . . .
100.00
Limited license application. . . .
100.00
Limited license renewal. . . .
50.00
Limited license late renewal penalty. . . .
50.00
Expired limited license reissuance. . . .
50.00
Duplicate license. . . .
15.00
Certification of license. . . .
25.00
Education program evaluation. . . .
200.00
[Statutory Authority: RCW 43.70.110, 43.70.250, 2008 c 329. WSR 08-15-014, § 246-815-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. WSR 05-12-012, § 246-815-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. WSR 05-01-018, § 246-815-990, filed 12/2/04, effective 3/22/05; WSR 03-07-095, § 246-815-990, filed 3/19/03, effective 7/1/03. Statutory Authority: RCW 43.70.280. WSR 98-05-060, § 246-815-990, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.29 RCW and RCW 18.20.150(4). WSR 95-16-102, § 246-815-990, filed 8/1/95, effective 9/1/95. Statutory Authority: RCW 43.70.250. WSR 94-02-059, § 246-815-990, filed 1/3/94, effective 3/1/94. Statutory Authority: RCW 43.70.250 and 1993 c 323. WSR 93-16-073, § 246-815-990, filed 8/2/93, effective 9/2/93. Statutory Authority: RCW 43.70.250. WSR 91-13-002 (Order 173), § 246-815-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-815-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. WSR 90-04-094 (Order 029), § 308-25-065, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. WSR 87-10-028 (Order PM 650), § 308-25-065, filed 5/1/87. Statutory Authority: 1983 c 168 § 12. WSR 83-17-031 (Order PL 442), § 308-25-065, filed 8/10/83. Formerly WAC 308-25-060.]