WSR 17-11-034 PROPOSED RULES DEPARTMENT OF HEALTH (Medical Quality Assurance Commission) [Filed May 11, 2017, 10:03 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-13-106.
Title of Rule and Other Identifying Information: WAC 246-919-390 Temporary practice—Recognized jurisdictions and 246-919-395 Temporary practice permits issuance and duration, the medical quality assurance commission (commission) is proposing repealing WAC 246-919-390 and amending WAC 246-919-395 to update requirements for issuance of a temporary practice permit for allopathic physicians to be consistent with current practice, modernize language, streamline application review processes, and clarify requirements.
Hearing Location(s): Educational Service District 123, 3924 West Court Street, Pasco, WA 99301, on June 28, 2017, at 1:30 p.m.
Date of Intended Adoption: June 28, 2017.
Submit Written Comments to: Daidria Underwood, P.O. Box 47866, Olympia, WA 98504-7866, email https://fortress.wa.gov/doh/policyreview, fax (360) 236-4626, by June 21, 2017.
Assistance for Persons with Disabilities: Contact Daidria Underwood by June 23, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to (1) clarify when a temporary practice permit may be issued to an applicant who is licensed in another state with substantially equivalent standards as Washington; (2) allow the commission flexibility to add or delete states from an internal list without going through a rules process; (3) improve access to health care by allowing otherwise qualified applicants from states not listed in current rule to provide care by being issued a temporary practice permit; and (4) update language to align with current practice and regulations.
Reasons Supporting Proposal: The commission proposes repealing WAC 246-919-390 to remove an outdated list of states with licensing requirements equivalent to Washington to allow the commission to maintain an internal list of states for a more expedient issuance of temporary practice permits to qualified applicants. Under existing rule, the commission must deny temporary permits to individuals who otherwise would qualify for a temporary permit but whose state is not listed in rule. The proposal also updates rules to align with department rules on temporary practice permits in chapter 246-12 WAC.
Statute Being Implemented: RCW 18.130.075.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Medical quality assurance commission, governmental.
Name of Agency Personnel Responsible for Drafting: Daidria Underwood, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-2727; Implementation and Enforcement: Melanie de Leon, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-2755.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(g)(ii), a small business economic impact statement is not required for proposed rules that adopt, amend, or repeal a filing or related process requirement for applying to an agency for a license or permit.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.3288 [34.05.328]. RCW 34.05.328 (5)(c). This rule amend[s] a process requirement for making application to an agency for a license or permit for allopathic physicians. A preliminary cost-benefit analysis may be obtained by contacting Daidria Underwood, P.O. Box 47866, Olympia, WA 98504-7866, phone (360) 236-2727, fax (360) 236-2795, email daidria.underwood@doh.wa.gov.
May 11, 2017
Melanie de Leon
Executive Director
AMENDATORY SECTION (Amending WSR 96-03-073, filed 1/17/96, effective 2/17/96)
WAC 246-919-395 Substantially equivalent licensing standards—Temporary practice permit((s—Issuance and duration)).
(1) ((Upon submission of a completed license application form on which the applicant indicates that he or she wishes to receive a temporary practice permit; payment of the application fee and temporary practice permit fee; receipt of the American Medical Association's physicians' data profile verifying states in which the applicant is or was licensed; receipt of disciplinary action data bank report from the Federation of State Medical Boards and receipt of written verification attesting that the applicant has a license in good standing and is not subject to charges or disciplinary action for unprofessional conduct or impairment from all states which the applicant is or was licensed, the applicant shall be issued a temporary practice permit unless there is a basis for denial of the license or issuance of a conditional license.
(2))) An applicant who holds an unrestricted, active license in another state with licensing standards substantially equivalent to those in Washington may apply for a temporary practice permit authorizing the applicant to practice as a physician in Washington.
(2) The commission will issue the physician a temporary practice permit if the following requirements are met:
(a) The applicant submits a completed application for a physician and surgeon license on a form provided by the commission on which the applicant indicates that he or she wishes to receive a temporary practice permit;
(b) The applicant submits payment of the application fee and temporary practice permit fee pursuant to WAC 246-919-990;
(c) The commission receives the American Medical Association's physicians' data profile verifying states in which the applicant is or was licensed;
(d) The commission receives the practitioner profile from the Federation of State Medical Boards;
(e) The applicant requests and the commission receives written verification attesting that the applicant has a license in good standing and is not subject to charges or disciplinary action for unprofessional conduct or impairment from all states which the applicant is or was licensed;
(f) The applicant is not subject to denial of a license or issuance of a conditional license under chapter 18.130 RCW; and
(g) The applicant is licensed in a state that has licensing standards substantially equivalent to Washington.
(3) The temporary practice permit allows the applicant to work in the state of Washington as a physician without restriction until the permit expires. The temporary practice permit is a license to practice medicine.
(4) The temporary permit shall expire upon the issuance of a license by the commission; initiation of an investigation by the commission of the applicant; or ninety days after the temporary practice permit is issued, whichever occurs first. The temporary permit will not be renewed, reissued, or extended.
(((3))) (5) An applicant who receives a temporary practice permit and who does not complete the application process may not receive additional temporary practice permits even upon submission of a new application in the future.
REPEALER
The following section of the Washington Administrative Code is repealed:
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