WSR 12-19-083

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed September 18, 2012, 2:39 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Amending WAC 246-817-99005 Dental assistant and expanded function dental auxiliary fees and renewal cycle and 246-841-990 Nursing assistant -- Fees and renewal cycle; and new sections WAC 246-827-990 Medical assistant fees and renewal cycle and 246-831-990 Reflexology fees and renewal cycle.

Hearing Location(s): Department of Health, Town Center 2, Room 158, 111 Israel Road S.E., Tumwater, WA 98503, on October 23, 2012, at 9:00 a.m.

Date of Intended Adoption: October 24, 2012.

Submit Written Comments to: Andy Fernando, Department of Health, P.O. Box 47860, 111 Israel Road S.E., Olympia, WA 98504-7860, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by October 23, 2012.

Assistance for Persons with Disabilities: Contact Andy Fernando by October 18, 2012, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of health (DOH) is proposing initial application, renewal, and other fees for four new health care credentials authorized in 2012 legislation; ESHB 2473, E2SSB 5620, ESSB 6103 and 6237.

1. Nursing Assistant-Certified Medication Assistant Endorsement. ESHB 2473 (chapter 208, Laws of 2012) creates a medication assistant endorsement available only to nursing assistants-certified (NA-C) working in nursing homes. The endorsement would allow an NA-C to administer certain oral, topical or inhaled medications in a nursing home setting under the direct supervision of a registered nurse.

The nursing care quality assurance commission is developing rules separately on the minimum requirements to obtain a medication assistant endorsement. DOH has the authority in ESHB 2473 to adopt fees for this new credential, which are proposed in amended WAC 246-841-990. The rule is also being amended to delete obsolete language regarding reduction of fees.

2. Dental Anesthesia Assistant. E2SSB 5620 (chapter 23, Laws of 2012) creates the new profession of certified dental anesthesia assistant. A dental anesthesia assistant works under the supervision of an oral and maxillofacial surgeon or a dental anesthesiologist.

The dental quality assurance commission is developing rules on the minimum requirements to obtain a dental anesthesia assistant credential separately from this proposal. The department has the authority under E2SSB 5620 to adopt fees for this new profession, which are proposed in amended WAC 246-817-99005. The rule is also being amended to delete obsolete content on faculty and resident licenses, and on reduction of fees.

3. Reflexology. ESSB 6103 (chapter 137, Laws of 2012) creates the new profession of certified reflexologist. A reflexologist provides care by applying alternating pressure with the thumb and finger techniques to the lower third of the body, feet, hands, or outer ears based on reflex maps. The department is developing minimum training, examination and other requirements for certified reflexologists under a separate rule proposal. Fees for this profession are in proposed new WAC 246-831-990.

4. Medical Assistants. ESB [ESSB] 6237 (chapter 153, Laws of 2012) creates four new medical assistant credentials. Effective in July 2013, persons holding a current health care assistant (HCA)-certified credentials [credential] under chapter 246-826 WAC will have their certification transferred to the new medical assistant-certified, medical assistant-hemodialysis technician, or medical assistant-phlebotomist credentials. The bill also creates a new medical assistant-registered credential. The department is developing minimum requirements to obtain a medical assistant credential separately from these fee rules. Fees for medical assistants are in proposed new WAC 246-827-990.

Reasons Supporting Proposal: RCW 43.70.110 and 43.70.250 require the department to charge fees for obtaining a license, and that fee amounts [amount] be set at a sufficient level to defray costs of credentialing, monitoring, discipline and other licensing activities.

Statutory Authority for Adoption: RCW 43.70.250, ESHB 2473, ESSB [E2SSB] 5620, ESSB 6103, 6237.

Statute Being Implemented: RCW 43.70.110, ESHB 2473, E2SSB 5620, ESSB 6103, 6237.

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

Name of Proponent: DOH, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Andy Fernando, 111 Israel Road S.E., Tumwater, WA, (360) 236-4692.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

September 18, 2012

Mary C. Selecky

Secretary

OTS-4985.1


AMENDATORY SECTION(Amending WSR 10-19-071, filed 9/16/10, effective 10/15/10)

WAC 246-817-99005   Dental assistant, dental anesthesia assistant, and expanded function dental auxiliary fees and renewal cycle.   (1) Credentials must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2((, except faculty and resident licenses. 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 for dental assistant, dental anesthesia assistant, and expanded function dental auxiliary credentials:


Title of Fee - Dental Professionals Fee
Registered dental assistant application $40.00
Registered dental assistant renewal 21.00
Registered dental assistant late renewal 21.00
Registered dental assistant expired reactivation 20.00
Certified dental anesthesia assistant application 100.00
Certified dental anesthesia assistant renewal 75.00
Certified dental anesthesia assistant late renewal 50.00
Certified dental anesthesia assistant expired reactivation 75.00
Licensed expanded function dental auxiliary application 175.00
Licensed expanded function dental auxiliary renewal 160.00
Licensed expanded function dental auxiliary late renewal 80.00
Licensed expanded function dental auxiliary expired reactivation 50.00
Duplicate credential 15.00
((Verification)) Certification of credential 25.00

[Statutory Authority: RCW 43.70.110, 43.70.250, and 2010 c 37. 10-19-071, 246-817-99005, filed 9/16/10, effective 10/15/10. Statutory Authority: RCW 43.70.250. 08-13-069, 246-817-99005, filed 6/13/08, effective 7/1/08.]

OTS-4986.1


NEW SECTION
WAC 246-827-990   Medical assistant -- Fees and renewal cycle.   (1) Credentials must be renewed every two years.

(2) The following nonrefundable fees will be charged for medical assistant-certified, medical assistant-hemodialysis technician, and medical assistant-phlebotomist credentials:


Title of Fee Fee
Initial credential $115.00
Renewal 115.00
Expired credential reissuance 55.00
Certification of credential 20.00
Late renewal penalty 55.00
Duplicate credential 30.00

(3) The following nonrefundable fees will be charged for a medical assistant-registered credential:


Title of Fee Fee
Initial credential $90.00
Renewal 90.00
Expired credential reissuance 40.00
Certification of credential 20.00
Late renewal penalty 40.00
Duplicate credential 30.00

[]

OTS-4987.1


NEW SECTION
WAC 246-831-990   Certified reflexologist -- Fees and renewal cycle.   (1) Credentials must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(2) The following nonrefundable fees will be charged for a certified reflexologist credential:


Title of Fee Fee
Initial credential $50.00
Renewal 40.00
Late renewal penalty 25.00
Expired credential reissuance 25.00
Certification of credential 10.00
Duplicate credential 10.00

[]

OTS-4988.1


AMENDATORY SECTION(Amending WSR 10-19-071, filed 9/16/10, effective 10/15/10)

WAC 246-841-990   Nursing assistant -- Fees and renewal cycle.   (1) ((Certificates and registrations)) Credentials 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 for registration((s)) credentials:


Title of Fee Fee
Application - registration $48.00
Renewal of registration 53.00
Duplicate registration 10.00
Registration late penalty 53.00
Expired registration reissuance 52.00

(3) The following nonrefundable fees will be charged for certification((s)) credentials:


Title of Fee Fee
Application for certification $48.00
Certification renewal 53.00
Duplicate certification 10.00
Certification late penalty 53.00
Expired certification reissuance 52.00

(4) The following nonrefundable fees will be charged for medication assistant endorsement credentials:

Title of Fee Fee
Application for endorsement $25.00
Endorsement renewal 10.00

[Statutory Authority: RCW 43.70.110, 43.70.250, and 2010 c 37. 10-19-071, 246-841-990, filed 9/16/10, effective 10/15/10. Statutory Authority: RCW 43.70.110, 43.70.250, 2008 c 329. 08-15-014, 246-841-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-841-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 18.88A.050(1). 99-24-062, 246-841-990, filed 11/29/99, effective 12/30/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-841-990, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.88A RCW. 96-03-051, 246-841-990, filed 1/12/96, effective 3/1/96. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-841-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-173-130, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 88-20-075 (Order 783), 308-173-130, filed 10/5/88.]