WSR 01-06-054

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed March 7, 2001, 9:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-11-159.

Title of Rule: Surgical technologist rules. New WAC 246-939-005 What is the purpose of these rules?, 246-939-020 How do I register as a surgical technologist? and 246-939-040 How do I renew my surgical technologist registration if it has expired?

Purpose: Clarify application, registration, and expired credential process.

Statutory Authority for Adoption: Chapter 18.215 RCW and RCW 18.130.050.

Statute Being Implemented: Chapter 18.215 RCW, RCW 18.130.050.

Summary: Chapter 335, Laws of 1999 became effective July 25, 1999. This legislation established a new profession called surgical technologists under the secretary, Department and Health. This profession will be registered by the secretary. These rules will clarify application, registration, application appeal, and expired credentials procedures.

Reasons Supporting Proposal: There have been two rule writing workshops held to solicit input from the students, surgical technologists, schools and facilities who employ surgical technologists. These rules represent the suggestions received from interested persons.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kendra Pitzler, P.O. Box 47864, Olympia, WA 98504, (360) 236-4723.

Name of Proponent: Department of Health, Health Professions Quality Assurance Division, Surgical Technologist Program, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These rules will clarify registration, application appeal, and expired credential procedures. Once adopted, the staff can begin registering applicants.

Proposal does not change existing rules.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     The proposed regulations will establish requirements for registration of surgical technologists. Under the Regulatory Fairness Act (chapter 19.85 RCW), a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" threshold varies by industry. The standard industrial code classifications used to determine the threshold for more than minor impact were:


STANDARD INDUSTRIAL CODE ECONOMIC ACTIVITY MINOR COST THRESHOLD
805 Nursing and Personal Care Facilities $50.00
806 Hospitals $50.00
809 Miscellaneous Health $53.00

     Costs Required to Comply: There is no cost to comply because the proposed rules do not change the current fees which are the initial application fee of $50.00 to register for surgical technologist and the annual renewal of $125.00. No additional purchases, training or course work needed to register or for annual renewal for surgical technologist.

     Does the Cost of the Proposed Rule Exceed the Threshold Where an SBEIS is Required? The cost to implement the proposed standards is below the minor cost threshold from the table above so an SBEIS is not required.

A copy of the statement may be obtained by writing to Kendra Pitzler, Department of Health, P.O. Box 47864, Olympia, WA 98504-7864, phone (360) 236-4723, fax (360) 236-4738.

RCW 34.05.328 does not apply to this rule adoption. The requirements are minimum to comply with chapter 18.215 RCW.

Hearing Location: Department of Health, 1101 Eastside Street, Olympia, WA 98504, on April 13, 2001, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Department of Health by March 13, 2001, TDD (360) 664-0064, or (360) 236-473 [236-4723].

Submit Written Comments to: Kendra Pitzler, Department of Health, P.O. Box 47864, Olympia, WA 98504, fax (360) 236-4738, by March 20, 2001.

Date of Intended Adoption: April 23, 2001.

M. C. Selecky

Secretary

OTS-4492.2


NEW SECTION
WAC 246-939-005   What is the purpose of these rules?   These rules:

     (1) Implement the law passed by the legislature to register surgical technologists and place them under chapter 18.130 RCW, the Uniform Disciplinary Act.

     (2) Inform the public of who must register under this law.

     (3) Inform applicants and registrants of the type of actions that can lead to discipline against their credential.

     (4) Inform applicants of their recourse in the event their application is denied.

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NEW SECTION
WAC 246-939-020   How do I register as a surgical technologist?   (1) How do I obtain a registration application?

     (a) Applicant may obtain an application by contacting the department. Applicants must return the completed application to be registered.

     (b) Completed original applications shall be sent to:

     Department of Health

     P.O. Box 1099

     Olympia, WA 98507-1099

     (c) All applicants shall refer to chapter 246-12 WAC, Parts 1, 2, 10, and 11.

     (2) Is there a requirement for education?

     (a) Applicants must complete seven clock hours of AIDS education as required by RCW 70.24.270 and chapter 246-12 WAC, Part 8.

     (b) Registration does not require additional education.

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NEW SECTION
WAC 246-939-040   How do I renew my surgical technologist registration if it has expired?   (1) If the credential has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

     (2) If the credential has expired for more than three years, the practitioner must reapply for licensing under the requirements of this chapter and the requirements of chapter 246-12 WAC, Part 2.

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