WSR 06-11-056

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed May 11, 2006, 3:43 p.m. , effective June 11, 2006 ]


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

Purpose: The purpose of the proposal [permanent rule] is to update language to reflect current department practices and procedures. The proposal [permanent rule] also adds two new sections: (1) WAC 246-08-395, which reinstates a requirement for licensees or persons applying for benefits to provide a current mailing address; and (2) WAC 246-08-480, which states the requirements for an index of significant decisions prepared under RCW 42.17.260 that contains orders issued in adjudicative proceedings.

Citation of Existing Rules Affected by this Order: Amending WAC 246-01-080, 246-08-101, 246-08-420, 246-08-450, and 246-08-520.

Statutory Authority for Adoption: RCW 43.70.040 and 43.70.050.

Other Authority: RCW 34.05.220, 42.17.250, 70.02.005.

Adopted under notice filed as WSR 06-05-049 on February 13, 2006.

Changes Other than Editing from Proposed to Adopted Version: There are only editing changes to the proposed rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 8, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 8, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 8, Repealed 0.

Date Adopted: May 11, 2006.

Mary C. Selecky

Secretary

OTS-8078.2


AMENDATORY SECTION(Amending WSR 03-11-032, filed 5/15/03, effective 6/15/03)

WAC 246-01-080   Organization.   (1) DOH exists to protect and improve the health of the people of Washington. The department shares this mission with three primary partners:

(a) Professional boards, commissions, and committees, which have varying degrees of statutory authority, ranging from advisory powers to rule adoptions and disciplinary powers;

(b) The state board of health which has statutory authority to adopt rules to protect the public health, and may delegate this authority to the secretary and rescind the delegated authority; and

(c) Local health jurisdictions throughout the state.

(2) DOH is organized into ((five administrative)) four health services divisions as noted in this subsection plus the secretary's office ((and)), information resource management office((s)), financial services office, and other administrative offices necessary to carry out the goals expressed in RCW 43.70.020(2):

(a) Community and family health;

(b) Environmental health;

(c) Epidemiology, health statistics and public health laboratories; and

(d) Health systems quality assurance((; and

(e) Management services)).

(3) DOH maintains offices in Kent, ((Olympia,)) Tumwater, Richland, Shoreline and Spokane. These offices are not complete service locations and are not required to keep complete policy manuals and other records available for public inspection.

[Statutory Authority: Chapter 43.70 RCW, RCW 34.05.220, 42.17.250. 03-11-032, 246-01-080, filed 5/15/03, effective 6/15/03. Statutory Authority: RCW 43.70.040. 95-10-043, 246-01-080, filed 5/1/95, effective 6/1/95. Statutory Authority: RCW 43.70.050. 93-08-004 (Order 346), 246-01-080, filed 3/24/93, effective 4/24/93.]

OTS-8079.5


AMENDATORY SECTION(Amending Order 369, filed 6/3/93, effective 7/4/93)

WAC 246-08-101   Declaratory orders -- ((Forms)) Format, content, and filing.   Any person may petition the department for a declaratory order, under RCW 34.05.240 with respect to the applicability of a particular circumstance of a rule, order, statute enforced by the agency. A petition for a declaratory order shall generally adhere to the following ((form)) format:

(1) At the top of the page shall appear the wording "Before the Washington State Department of Health." On the left side of the page below the ((foregoing the)) following caption shall be set out: "In the matter of the petition of (name of petitioning party to be inserted) for a declaratory order." Opposite the ((foregoing)) caption shall appear the word "petition."

(2) The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and address of the petitioning party. The second paragraph shall state all rules or statutes that may be brought into issue by the petition. Succeeding paragraphs shall set out the statement of facts ((relied upon in form)) similar in form to ((that)) applicable ((to)) complaints in civil actions before the superior courts of this state. The concluding paragraphs shall contain the ((prayer)) request of the petitioner. The petition shall be subscribed and verified in the manner prescribed for verification of complaints in the superior courts of this state.

(3) The original and two legible copies shall be filed with the ((appropriate board having jurisdiction in relation to a profession as provided in RCW 18.130.040 (2)(b). The original and two legible copies shall be filed with the)) Department of Health, ((Office of Professional Standards, PO Box 47872)) Adjudicative Service Unit, P.O. Box 47879, Olympia, WA ((98504-7872 if the secretary of the department of health has jurisdiction in relation to a profession or program as provided under RCW 18.130.040 (2)(a) and 43.70.020 through 43.70.040 respectively)) 98504-7879. Petitions shall be on white paper, 8 1/2" x 11" in size.

[Statutory Authority: RCW 43.70.040. 93-13-005 (Order 369), 246-08-101, filed 6/3/93, effective 7/4/93.]


AMENDATORY SECTION(Amending Order 369, filed 6/3/93, effective 7/4/93)

WAC 246-08-102   Declaratory orders -- Procedural rights of persons in relation to petition.   Within fifteen days after receiving a petition for a declaratory order, the department shall notify all interested persons as required by chapter 34.05 RCW about the petition and any other person it considers necessary. If a petition for a declaratory order is set for specified proceedings under RCW 34.05.240 (5)(b), the department shall give ((not less than)) at least seven days advance written notice of the proceedings to the petitioner and all interested persons ((described under RCW 34.05.240(3))) required by law and any other person it considers necessary. The notice ((shall)) must contain the time, date, place, and nature of the proceedings and shall describe how interested persons may participate in the proceeding.

[Statutory Authority: RCW 43.70.040. 93-13-005 (Order 369), 246-08-102, filed 6/3/93, effective 7/4/93.]


NEW SECTION
WAC 246-08-395   Mailing lists and current address required.   The department will update its mailing lists periodically. Any person may request to be added or removed from the department's mailing lists. It is the responsibility of the licensee, applicant for licensure, and person who receives or applies for benefits administered by the department, to keep the department informed of a current mailing address.

(1) Licensees, applicants for licensure, and persons who receive or apply for benefits administered by the department must provide the department with a current mailing address when submitting new applications or renewal applications with the department.

(2) Licensees, applicants for licensure, and persons who receive or apply for benefits are responsible for notifying the appropriate department programs, in writing, of any address changes. The department will accept written notice through e-mail, fax, or by regular mail.

(3) The department will use the most recent mailing address provided by the licensee, applicant, or persons who receive or apply for benefits for all official correspondence.

(4) For the purpose of this section, "licensee" means a person holding a license, permit, certification, approval, registration, charter, or similar form of authorization required by law and granted by the department.

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AMENDATORY SECTION(Amending Order 346, filed 3/24/93, effective 4/24/93)

WAC 246-08-420   Public records -- Access and exemptions.   (1) The department shall, upon request, make public records ((shall be)) available for inspection and copying, during the department's normal business hours.

(2) The location of specific public records may be obtained by contacting the program where the records are maintained or the ((rules coordinator in the management services division)) appointed public records disclosure designee.

(3) Requests ((for)) to inspect or receive copies of public records ((shall be in writing and)) must include:

(a) ((The name and address of the person requesting the record;

(b))) A ((detailed)) description of the requested ((material; and

(c) If a list of names of individuals is being requested, an explanation of the purpose for which the request is made)) record or records;

(b) An indication whether the requestor wishes to inspect or receive a copy of the requested records;

(c) An address or other means through which the department may communicate with the requestor to clarify the request, provide information on copying charges and collect payment, and arrange for inspection or mailing of copies of the requested record or records; and

(d) If a list of names of individuals is being requested, an explanation of the purpose for which the request is made, consistent with RCW 42.17.260(9).

(4) ((No)) The department shall not charge a fee ((shall be charged)) for the inspection of public records, however the department may charge for reimbursement of the costs incurred by providing copies.

(5) The department ((reserves the right to)) will determine ((that)) the extent to which a public record is exempt from public disclosure under ((the provisions of)) chapter 42.17 RCW or other statutes.

(6) ((The department reserves the right to delete identifying details when disclosing public records if there is reason to believe that disclosure of such details would be an invasion of personal privacy.

(7))) The department, when denying a request for a public record in whole or in part, shall provide a statement of the specific statutory exemption ((which)) that authorizes the withholding of the record or information and a brief explanation of how the exemption applies to the record or information withheld.

(((8) Upon receipt of such denial, the requesting party)) (7) If the department denies a record, in whole or in part, the requestor may seek review of the decision by ((letter addressed)) sending a written request for review to the ((deputy secretary, 1112 S.E. Quince Street,)) Agency Public Records Disclosure Officer, P.O. Box 47890, Olympia, WA 98504-7890.

[Statutory Authority: RCW 43.70.050. 93-08-004 (Order 346), 246-08-420, filed 3/24/93, effective 4/24/93.]


AMENDATORY SECTION(Amending WSR 94-04-079, filed 1/31/94, effective 3/3/94)

WAC 246-08-450   Final orders, declaratory orders, interpretive statements and policy statements -- Indexes.   (1) In accordance with RCW 42.17.260, the department shall index:

(a) Final orders that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and contain an analysis or decision of substantial importance to the department in carrying out its duties;

(b) Declaratory orders that contain an analysis or decision of substantial importance to the department in carrying out its duties;

(c) Interpretive statements as defined in RCW 34.05.010(8); and

(d) Policy statements as defined in RCW 34.05.010(14).

(2) The department shall maintain indexes of:

(a) Final orders meeting the criteria in subsection (1)(a) of this section, issued by the department and the disciplining authorities identified in RCW 18.130.040;

(b) Declaratory orders meeting the criteria in subsection (1)(b) of this section issued by the department ((and)), the state board of health, and disciplining authorities identified in RCW 18.130.040; and

(c) Interpretive and policy statements issued by the department ((and)), the state board of health, and disciplining authorities identified in RCW 18.130.040.

(3) The indexes shall, at a minimum, contain the case or document number; type of document; name of parties, if applicable, unless such names are exempt from public disclosure; brief description of subject, program; pertinent legal citation; and location of the document.

(4) ((Any person may nominate a final adjudicative order or declaratory order to be evaluated for indexing by completing an Order Index Nomination Request Form which can be obtained from and returned to the Office of Professional Standards, PO Box 47872, Olympia, WA 98504-7872, along with a copy of the nominated order. The department shall make a final decision as to whether to index the nominated order, and that decision is not appealable.

(5))) The department shall periodically update the indexes ((on an ongoing basis and conduct an annual review)) to verify that the indexed documents continue to meet the criteria in subsection (1) of this section. The department may, at any time, delete a document from an index. ((Pursuant to)) Under RCW 42.17.260(6), a public record may not be cited in a proceeding if it has not been indexed.

(((6))) (5) The indexes are public records and are available for public inspection and copying in accordance with WAC 246-08-420 and 246-08-440. Indexes are located as follows:

(a) The index of final adjudicative orders and declaratory orders is located in the ((Office of Professional Standards, 2413 Pacific Avenue, Olympia)) Adjudicative Service Unit, 310 Israel Road S.E., Tumwater, WA 98501; and

(b) The index of ((declaratory orders,)) interpretive and policy statements issued by the department and the state board of health is located in the Office of the Secretary, ((1112 Quince St. SE, Olympia, WA 98504)) 101 Israel Road S.E., Tumwater, WA 98501.

[Statutory Authority: RCW 43.70.040. 94-04-079, 246-08-450, filed 1/31/94, effective 3/3/94. Statutory Authority: 43.70.050. 93-08-004 (Order 346), 246-08-450, filed 3/24/93, effective 4/24/93.]


NEW SECTION
WAC 246-08-480   Index of significant decisions.   (1) The department's index of significant decisions, prepared under RCW 42.17.260, contains orders that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and include an analysis or decision of substantial importance to the department in carrying out its duties. Together with the indices maintained under WAC 246-08-450, "significant decisions" shall serve as the index required by RCW 42.17.260 (4)(b) and (c).

(2) The department selects the orders to be included in "significant decisions" based on recommendations from staff and the public. Generally, a decision or order is considered "significant" only if it provides a legal analysis or interpretation not found in existing case law, or applies settled law to unusual facts. The significant decision index shall include orders meeting the criteria in subsection (1) of this section, issued by the department and the disciplining authorities identified in RCW 18.130.040.

(3) The index shall, at a minimum, contain the case or document number; type of document; name of parties, if applicable, unless such names are exempt from public disclosure; brief description of subject, program; pertinent legal citation; and location of the document.

(4) Any person may nominate a final adjudicative order, other adjudicative order or declaratory order to be evaluated for indexing by completing an Order Index Nomination Request Form. The form can be obtained from and returned to the Adjudicative Service Unit, P.O. Box 47879, Olympia, WA 98504-7879, along with a copy of the nominated order. The department shall make a final decision as to whether to index the nominated order, and that decision is not appealable.

(5) The department shall periodically update and review the index to verify that the indexed documents continue to meet the criteria in subsection (1) of this section. The department may, at any time, delete a document from an index. Under RCW 42.17.260(6), a public record may not be cited in a proceeding if it has not been indexed.

(6) The index is a public record and is available for public inspection and copying in accordance with WAC 246-08-420 and 246-08-440. The index of significant adjudicative orders is located in the Adjudicative Service Unit, 310 Israel Road, Tumwater, WA 98501.

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AMENDATORY SECTION(Amending Order 346, filed 3/24/93, effective 4/24/93)

WAC 246-08-520   Equal opportunity/affirmative action.   The department is firmly committed to equal opportunity and nondiscrimination both in the work force and in the delivery of services and makes every good faith effort to achieve the objectives of the affirmative action plan.

(1) Employment - The department recruits, hires, develops, and promotes persons in all ((job classifications)) positions without regard to race, creed, color, sex, age, national origin, marital status, or presence of a mental, physical, or sensory handicap. The department seeks to maintain a working environment free of harassment or intimidation, and to reasonably accommodate persons of disability.

(2) Affirmative action - The department strives to correct deficiencies regarding the utilization of protected groups, consistent with ((WAC 356-05-327, according to the timetables set forth)) applicable state and federal laws and guidelines as outlined in the department's affirmative action plan.

(3) Services - The department provides services, programs, and lets contracts in a fair and impartial manner. No person shall, on the grounds of sex, race, creed, color, age, national origin, marital status, or handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity administered or supervised by the department as required by the federal government as a prerequisite for fiscal grants-in-aid (Sec. 601, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d) and chapter 49.60 RCW.

[Statutory Authority: RCW 43.70.050. 93-08-004 (Order 346), 246-08-520, filed 3/24/93, effective 4/24/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-08-520, filed 12/27/90, effective 1/31/91; Order 18, 248-10-010, filed 2/11/69.]

Washington State Code Reviser's Office