WSR 03-16-083

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 5, 2003, 9:40 a.m. ]

     Subject of Possible Rule Making: Vocational rehabilitation -- VRC supervisor qualifications, WAC 296-19A-210(2).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.32.095, 51.04.030, 51.36.085, 51.36.100, 51.36.110.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to consider input on WAC 296-19A-210(2), which relates to the supervision requirements for vocational providers delivering services to injured and ill workers. This was the subject of mediation between the department and its employee union. The rule, as it is currently worded, may create challenges for some staff interested in qualifying to supervise interns, due to a requirement for providing direct services to Washington injured workers. The rule making will provide the opportunity for further consideration of this rule and wording changes that may address this situation.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies regulate this subject.

     Process for Developing New Rule: This rule making will be specific to the supervisory requirements contained in WAC 296-19A-210(2). The department intends to open this rule for further comment based upon an agreement the department reached with its internal union. The department received input from internal vocational rehabilitation staff regarding how the present supervisory requirements in WAC may create challenges for some staff wishing to qualify to supervise interns. The department will gather input during the CR-101 phase from providers in the private sector (along with other interested parties) and will work with an internal committee with vocational provider representatives to produce proposed rules for the CR-102.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will convene informal focus groups of subject matter experts. Input will be solicited by convening an internal committee of vocational services consultants and one or more external focus groups comprised of vocational rehabilitation counselors. Interested persons may contact Blake Maresh, Manager of Program Analysis and Development, Health Services Analysis, Department of Labor and Industries, P.O. Box 44322, Olympia, WA 98504-4322, phone (360) 902-6564, fax (360) 902-4249, e-mail mabl235@lni.wa.gov.

August 5, 2003

Paul Trause

Director

Legislature Code Reviser 

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