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

     Purpose: WAC 246-924-485 Delegation of authority to initiate investigations. This new rule pertains to delegation of authority to department of health (DOH) staff and a board member licensed under chapter 18.83 RCW after complaints have been assessed.

     Statutory Authority for Adoption: RCW 18.83.050 and 18.130.050.

      Adopted under notice filed as WSR 07-06-084 on March 7, 2007.

     Changes Other than Editing from Proposed to Adopted Version: The following language was added to the beginning of the rule: "In addition to its existing authority to initiate an investigation." The board believes it's important to add this language to help maintain current processes. The case management team was clarified to read, "three member case management team," to indicate the number of individuals required to make a decision about an investigation.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

     Date Adopted: June 18, 2007.

Betty Moe

Program Manager

OTS-9307.5

NEW SECTION
WAC 246-924-485   Delegation of authority to initiate investigations.   In addition to its existing authority to initiate an investigation, the board delegates to a case management team the authority to initiate an investigation when the board or the department receives information, by means of a complaint or otherwise, that a licensee may have engaged in unprofessional conduct or may be unable to practice with reasonable skill and safety by reason of a mental or physical condition. The three member case management team must include a board member licensed under chapter 18.83 RCW, the executive director or his or her designee, and a staff attorney. A majority of the team must agree to initiate an investigation. The majority must include the board member representative.

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