WSR 11-05-025

PERMANENT RULES

DEPARTMENT OF HEALTH


(Medical Quality Assurance Commission)

[ Filed February 7, 2011, 10:13 a.m. , effective March 10, 2011 ]


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

Purpose: WAC 246-919-010 and 246-919-480 are amended to remove the restrictions of retired active physicians practicing only in primary care services or community clinics, define emergency and intermittant [intermittent] circumstances, and include the renewal requirements. These amendments will improve access to health care services. WAC 246-919-421(4) is repealed as the renewal requirements are moved to WAC 246-919-480.

Citation of Existing Rules Affected by this Order: Amending WAC 246-919-480, 246-919-010, and 246-919-421.

Statutory Authority for Adoption: RCW 18.71.017, 18.130.250, 18.71.440.

Adopted under notice filed as WSR 10-21-103 on October 20, 2010.

A final cost-benefit analysis is available by contacting Julie Kitten, Department of Health, Medical Quality Assurance Commission, Box 47866, Olympia, WA 98504-7866, phone (360) 236-2757, fax (360) 236-2795, e-mail julie.kitten@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: December 9, 2010.

Maryella E. Jansen

Executive Director

OTS-3220.5


AMENDATORY SECTION(Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)

WAC 246-919-010   Definitions.   (((1) "Commission" means the Washington state medical quality assurance commission.

(2) "Applicant" is an individual who has completed the application form and has paid the application fee.

(3) "Physician" means a physician licensed pursuant to chapter 18.71 RCW.

(4) "Unprofessional conduct" as used in these regulations shall mean the conduct described in RCW 18.71.0193 for conduct occurring before June 11, 1986, and the conduct described in RCW 18.130.180 for conduct occurring on or after June 11, 1986.

(5) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.

(6) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.

(7) "Mentally or physically disabled physician" means a physician who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice medicine with reasonable skill and safety by reason of any mental or physical condition.)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Applicant" is an individual who has completed the application form and has paid the application fee.

(2) "Commission" means the Washington state medical quality assurance commission.

(3) "Emergent" means a circumstance calling for immediate action.

(4) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.

(5) "Intermittent" means providing services on a part-time or full-time nonpermanent basis.

(6) "Mentally or physically disabled physician" means a physician who has either been determined by a court to be mentally incompetent or mentally ill or who is unable to practice medicine with reasonable skill and safety by reason of any mental or physical condition.

(7) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.

(8) "Physician" means a physician licensed pursuant to chapter 18.71 RCW.

(9) "Unprofessional conduct" as used in these regulations shall mean the conduct described in RCW 18.71.0193 for conduct occurring before June 11, 1986, and the conduct described in RCW 18.130.180 for conduct occurring on or after June 11, 1986.

[Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-010, filed 1/17/96, effective 2/17/96.]


AMENDATORY SECTION(Amending WSR 99-23-090, filed 11/16/99, effective 1/1/00)

WAC 246-919-421   Renewal and continuing medical education cycle revision.   Beginning January 1, 2000, the one-year renewal cycle for physicians will transition to a two-year cycle and a four-year continuing medical education reporting cycle. The renewal and continuing medical education reporting cycle will be as follows:

(1) Effective January 1, 2000, any physician whose birth year is an even number will renew their credential for twenty-four months and every two years thereafter. Those physicians must obtain two hundred hours of continuing medical education within the next forty-eight months from the date of the initial two-year license and every four years thereafter.

(2) Effective January 1, 2001, any physician whose birth year is an odd number will renew their credential for twenty-four months and every two years thereafter. Those physicians must obtain two hundred hours of continuing medical education within the next forty-eight months from the date of the initial two-year license and every four years thereafter.

(3) Effective January 1, 2000, in order to attain full license status, individuals with a post-graduate limited license will pay the fee difference between the limited license application and the full license application. This license will expire on their second ((birthdate)) birth date after issuance and every two years thereafter.

(((4) Effective January 1, 2000, those physicians on a retired active status will remain on the annual renewal cycle and a four-year continuing medical education reporting cycle. Those retired active physicians must report two hundred hours of continuing medical education within the next forty-eight months and every four years thereafter.))

[Statutory Authority: RCW 18.71.017, 18.130.050(1), 18.130.040(4), 18.130.050(12) and 18.130.340. 99-23-090, 246-919-421, filed 11/16/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-919-480   Retired active ((credential)) license.   (1) ((A practitioner may)) To obtain a retired active ((credential. Refer to the requirements of)) license a physician must comply with chapter 246-12 WAC, Part 5, excluding WAC 246-12-120 (2)(c) and (d).

(2) ((The practitioner's practice is limited to providing health care services without compensation;

(3) Services are provided in community clinics located in the state of Washington that are operated by public or private tax-exempt corporations; and

(4) Services must be limited to primary care.)) A physician with a retired active license may not receive compensation for health care services;

(3) A physician with a retired active license may practice only in emergent or intermittent circumstances; and

(4) Physicians with a retired active license must renew every two years and must report one hundred hours of continuing medical education at every renewal.

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-919-480, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.71.017 and 18.71A.020. 96-03-073, 246-919-480, filed 1/17/96, effective 2/17/96.]

Washington State Code Reviser's Office