WSR 10-07-026

PERMANENT RULES

DEPARTMENT OF HEALTH


(Dental Quality Assurance Commission)

[ Filed March 8, 2010, 1:22 p.m. , effective April 8, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-817-185 and 246-817-186, temporary practice permits, the rules amend existing language to provide for temporary permits to be issued to applicants for dentists, expanded function dental auxiliaries, and dental assistants while fingerprint-based national background check is completed. The process to complete the national background check is lengthy and has caused licensing delays that affect the public's access to health care.

Citation of Existing Rules Affected by this Order: Amending WAC 246-817-185 and 246-817-186.

Statutory Authority for Adoption: RCW 18.130.064, 18.130.075, and 18.32.0365.

Adopted under notice filed as WSR 10-01-178 on December 22, 2009.

Changes Other than Editing from Proposed to Adopted Version: Language was added to WAC 246-817-186 (1)(a) to clarify that applicants must submit all other documentation require[d] to complete the credential application before a temporary practice permit may be issued.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: March 8, 2010.

Karen Homitz, D.D.S., Chair

Dental Quality Assurance Commission

OTS-2750.3


AMENDATORY SECTION(Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-185   Temporary practice permits -- Eligibility.   Fingerprint-based national background checks may cause a delay in credentialing. Individuals who satisfy all other licensing requirements and qualifications may receive a temporary practice permit while the national background check is completed.

(1) A temporary practice permit, as defined in RCW 18.130.075, shall be issued at the written request of an applicant((:

(a) Licensed in another state, with licensing standards substantially equivalent to Washington, who applies for the dental examination and meets the eligibility criteria for the examination as outlined in this chapter; or

(b) Currently licensed and practicing clinical dentistry in another state, who applies for dental licensure without examination and meets the eligibility criteria for the licensure without examination program as outlined in this chapter.

(2) In addition to the requirements outlined in subsection (1)(a) or (b) of this section,)) for dentists, expanded function dental auxiliaries, and dental assistants. The applicant must be credentialed in another state, with credentialing standards substantially equivalent to Washington.

(2) The conditions of WAC 246-817-160 ((shall also)) must be met for applicants who are graduates of dental schools or colleges not accredited by the American Dental Association Commission on Dental Accreditation.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-185, filed 10/10/95, effective 11/10/95.]


AMENDATORY SECTION(Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-186   Temporary practice permits -- Issuance and duration.   (1) Unless there is a basis for denial of the ((license)) credential or for issuance of a conditional ((license)) credential, the applicant shall be issued a temporary practice permit ((by the)) when DQAC((, upon)) receives:

(a) ((Receipt of)) A completed application form ((on which a request for a temporary practice permit is indicated)), all other documentation required to complete the credential application, completed fingerprint card, and fees for the credential;

(b) ((Payment of the appropriate application fee;)) A written request for a temporary practice permit;

(c) ((Receipt of)) Written verification of all ((dental licenses)) credentials, whether active or not, attesting that the applicant has a ((dental license)) credential in good standing and is not the subject of any disciplinary action for unprofessional conduct or impairment; and

(d) ((Receipt)) Results of disciplinary national practitioner data bank reports.

(2) The temporary practice permit shall expire when one of the following occurs:

(a) ((Immediately upon issuance of)) A full, unrestricted ((dental license by the DQAC)) credential is granted;

(b) ((Upon notice of failure of the dental examination;)) A notice of decision is mailed;

(c) ((Upon issuance of a statement of intent to deny; or

(d) Within a maximum of)) One hundred ((twenty)) eighty days after the temporary practice permit is issued.

(3) A temporary practice permit shall not be renewed, reissued or extended.

(4) A temporary practice permit grants the individual the full scope of practice for the profession.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-186, filed 10/10/95, effective 11/10/95.]

Washington State Code Reviser's Office