File #: BOH14-02    Version: 1
Type: R&R Status: Passed
File created: In control: Board of Health
On agenda: Final action: 5/15/2014
Enactment date: Enactment #: BOH14-02
Title: A RULE AND REGULATION relating to fees for the secure medicine return regulations; adding a new chapter to BOH Title 2; enacted pursuant to RCW 70.05.060, including the latest amendments or revisions thereto.
Attachments: 1. R&R 14-02.pdf, 2. RR - DRAFT Notice of Rulemaking - BOH Title 2 - SMR Fees_2014-04-17 FINAL sent.doc, 3. BOH 14-02 Seattle Times hearing notice 4-2-14.doc, 4. BOH14-02 Seattle Times Affidavit - 4-2-14.pdf, 5. BOH Staff Report R&R 14-02.docx, 6. Attach 1 to staff report 14-02.docx, 7. BOH Presentation SMR Fee 04-17-2014 FINAL sent.pptx, 8. Staff Report 05-15-2014 FINAL.docx, 9. BOH Presentation SMR Fee 05-15-2014 FINAL sent.pptx, 10. MedsDisposal_Stergachis_Editorial_JAPhA_MayJune2014.pdf, 11. Stakeholder Comments Sec Med Ret Fees 05-15-2014 All.pdf, 12. Comments on Sec Med Ret Fees RR14-02 provided after the vote 05-16-2014.pdf
Drafter
Clerk 03/26/2014
Title
A RULE AND REGULATION relating to fees for the secure medicine return regulations; adding a new chapter to BOH Title 2; enacted pursuant to RCW 70.05.060, including the latest amendments or revisions thereto.
Body
      BE IT ADOPTED BY THE KING COUNTY BOARD OF HEALTH:
      SECTION 1.  Sections 2, 3, 4, 5 and 6 of this rule should constitute a new chapter in BOH Title 2.
      NEW SECTION.  SECTION 2.  Applicability.  This chapter applies to activities regulated by the director under BOH chapter 11.50.
      NEW SECTION.  SECTION 3.  Plan review fees.
Part 1
Effective Through December 31, 2015
      A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following plan review fee:
Plan review base fee (includes 137 hours of review time),            $15,750.00
due with submittal of proposed plan pursuant to BOH 11.50.120
Each additional hour over 137 hours                              $116.00 per hour
Part 2
Effective January 1, 2016, Through December 31, 2016
      A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following plan review fee:
Plan review base fee (includes 137 hours of review time),             $16,500.00
due with submittal of proposed plan pursuant to BOH 11.50.120
Each additional hour over 137 hours                              $122.00 per hour
Part 3
Effective January 1, 2017, and Thereafter
      A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following plan review fee:
Plan review base fee (includes 137 hours of services),                  $17,500.00
due with submittal of proposed plan pursuant to BOH 11.50.120      $128.00 per hour
Each additional hour over 137 hours
      NEW SECTION.  SECTION 4.  Annual operating fees.
Part 1
Effective Through December 31, 2015
      A.  A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following annual operating fee:
Annual operating base fee (includes 259 hours of services),             $30,000.00
due in advance of annual operations and upon notification by the
director
Each additional hour over 259 hours                               $116.00 per hour
      B.  If the plan review base fee paid by a producer or group of producers exceeds the actual costs of plan review, the director shall reduce the annual operating base fee for the first year of operations by the same amount.
Part 2
Effective January 1, 2016, Through December 31, 2016
      A.  A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following annual operating fee:
Annual operating base fee (includes 259 hours of services),             $31,500.00
due in advance of annual operations and upon notification by the
director
Each additional hour over 259 hours                               $122.00 per hour
      B.  If the plan review base fee paid by a producer or group of producers exceeds the actual costs of plan review, the director shall reduce the annual operating base fee for the first year of operations by the same amount.
Part 3
Effective January 1, 2017, and Thereafter
      A.  A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following annual operating fee:
Annual operating base fee (includes 259 hours of services),             $33,000.00
due in advance of annual operations and upon notification by the
director
Each additional hour over 259 hours                               $128.00 per hour
      B.  If the plan review base fee paid by a producer or group of producers exceeds the actual costs of plan review, the director shall reduce the annual operating base fee for the first year of operations by the same amount.
      NEW SECTION.  SECTION 5.  Review of plan changes.
Part 1
Effective Through December 31, 2015
      A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following fee for review of proposed changes to an approved stewardship plan:
Plan change base fee (includes 4 hours of services),                   $464.00
due with submittal of proposed change pursuant to
BOH 11.50.130
Each additional hour over 4 hours                               $116.00 per hour
Part 2
Effective January 1, 2016, Through December 31, 2016
      A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following fee for review of proposed changes to an approved stewardship plan:
Plan change base fee (includes 4 hours of services),                   $488.00
due with submittal of proposed change pursuant to
BOH 11.50.130
Each additional hour over 4 hours                               $122.00 per hour
Part 3
Effective January 1, 2017, and Thereafter
      A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following fee for review of proposed changes to an approved stewardship plan:
Plan change base fee (includes 4 hours of services),                   $512.00
due with submittal of proposed change pursuant to
BOH 11.50.130
Each additional hour over 4 hours                               $128.00 per hour
      NEW SECTION.  SECTION 6.  Miscellaneous fees.
Part 1
Effective Through December 31, 2015
      A.  A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following miscellaneous fees, as applicable:
Review of revised plan pursuant to BOH 11.50.120.D.            $116.00 per hour
Agency plan development pursuant to BOH 11.50.120.E.            $116.00 per hour
Review of petition for alternative disposal methodology             $116.00 per hour
pursuant to BOH 11.50.080.C.
Agency activities to enforce against noncompliance                  $116.00 per hour
pursuant to BOH 11.50.140 (separate from assessed penalties,
if applicable)
      B.  A producer who is not participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following miscellaneous fees, as applicable:
Agency activities to enforce against noncompliance                  $116.00 per hour
pursuant to BOH 11.50.140 (separate from assessed penalties,
if applicable)
Part 2
Effective January 1, 2016, Through December 31, 2016
      A.  A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following miscellaneous fees, as applicable:
Review of revised plan pursuant to BOH 11.50.120.D.            $122.00 per hour
Agency plan development pursuant to BOH 11.50.120.E.            $122.00 per hour
Review of petition for alternative disposal methodology .            $122.00 per hour
pursuant to BOH 11.50.080.C.
Agency activities to enforce against noncompliance                  $122.00 per hour
pursuant to BOH 11.50.140 (separate from assessed penalties,
if applicable)
      B.  A producer who is not participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following miscellaneous fees, as applicable:
Agency activities to enforce against noncompliance                   $122.00 per hour
pursuant to BOH 11.50.140 (separate from assessed penalties,
if applicable)
Part 3
Effective January 1, 2017, and Thereafter
      A.  A producer or group of producers participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following miscellaneous fees, as applicable:
Review of revised plan pursuant to BOH 11.50.120.D.            $128.00 per hour
Agency plan development pursuant to BOH 11.50.120.E.            $128.00 per hour
Review of petition for alternative disposal methodology             $128.00 per hour
pursuant to BOH 11.50.080.C.
Agency activities to enforce against noncompliance)            $128.00 per hour
pursuant to BOH 11.50.140 (separate from assessed penalties,
if applicable
      B.  A producer who is not participating in the standard stewardship plan or an independent stewardship plan shall pay to the director the following miscellaneous fees, as applicable:
Agency activities to enforce against noncompliance                   $128.00 per hour
pursuant to BOH 11.50.140 (separate from assessed penalties,
if applicable)
      SECTION 7.  Severability.  If any provision of this rule or its application to any
person or circumstance is held invalid, the remainder of the rule or the application of the provision to other persons or circumstances is not affected.