WSR 06-15-023

OFFICE OF THE GOVERNOR


[ Filed July 7, 2006, 2:27 p.m. ]


NOTICE OF APPEAL

RCW 34.05.330(3)



Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:

On April 28, 2006, the Governor received an appeal from Dr. Paul Powers relating to the Department of Health's denial of a petition to amend WAC 246-808-150. On June 12, 2006, Petitioner agreed to an extension of the response deadline. The Governor denied Dr. Powers' Petition on July 5, 2006.

DATE: July 6, 2006

Richard E. Mitchell

General Counsel to the Governor

July 5, 2006

Paul Powers, DC

Post Office Box 15

Rocky Hill, CT 06067


RE: Rule Making Appeal under RCW 34.05.330(3)

Amendment to WAC 246-808-150 - Continuing Education


Dear Dr. Powers:


This letter is in response to your above-noted petition to amend the Washington Chiropractic Quality Assurance Commission (Commission) rule codified at WAC 246-808-150, concerning approved continuing education. Specifically, your petition requests an amendment to a November 2005 rule that limits the number of hours on-line that chiropractors may take for continuing education to twelve of the twenty-five hours required. After reviewing your petition and the Commission's response, I concur with the Commission's decision and am therefore denying your petition at this time.


I recognize that on-line, distance-based learning provides value and is increasingly incorporated at institutions of higher education. I further recognize that on-line continuing education for providers, including chiropractors, can provide a flexible, cost-effective alternative to in-person training programs.


The majority of Washington State's health profession boards and commissions, as well as chiropractic boards around the country, have instituted similar rules to balance hands-on and distance-based learning for health care providers. I believe that the Commission's rule limiting on-line instruction to twelve hours is reasonable, ensures this balance, and is based on their expertise of the field.


Therefore, while I am denying your petition, I am asking the Chiropractic Quality Assurance Commission to review the rule in a year to determine whether there have been on-line learning advancements that address the Commission's concerns adequately.


I appreciate the services chiropractors provide to Washington residents and thank you for the time and care you have taken in bringing your concerns to my attention.


Sincerely,

Christine O. Gregoire

Governor

cc: Mary Selecky, Secretary, Department of Health

Christina Hulet, Policy Advisor, Governor's Office

Mark Rupp, Policy Advisor, Governor's Office

June 12, 2006

Paul Powers, DC

Post Office Box 15

Rocky Hill, CT 06067


RE: Rule Making Appeal under RCW 34.05.330(3)

Amendment to WAC 246-808-150 - Continuing Education


Dear Dr. Powers:


This letter is to confirm our telephone conversation of Monday, June 12, 2006, in which you agreed to extend the deadline for response to your April 28, 2006, appeal. The new deadline for response is Friday, June 30.


Thank you for your flexibility in this matter.


Sincerely,

Melynda Campbell

Legal Affairs Coordinator

cc: Tim Fitzsimmons, Chief of Staff, Governor's Office

Richard Mitchell, General Counsel, Governor's Office

Christina Hulet, Policy Advisor, Governor's Office

Washington State Code Reviser's Office