Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: WAC 246-919-615 Delegation of authority to initiate investigations (physicians) and 246-918-010 Delegation of authority to initiate investigations (physician assistants). This rule pertains to delegation of authority to department of health (DOH) staff and one clinical member of the commission to initiate investigations. These are new sections.

     Hearing Location(s): Holiday Inn Select, One South Grady Way, Renton, WA 98055, on December 1, 2006, at 9:00 a.m.

     Date of Intended Adoption: December 1, 2006.

     Submit Written Comments to: Beverly A. Thomas, Program Manager, P.O. Box 47866, Olympia, WA 98504, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4768, by November 17, 2006.

     Assistance for Persons with Disabilities: Contact Beverly Thomas by November 17, 2006, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A recent court of appeals decision Client A. v. Yoshinaka, 128 Wn. App. 833; 116 P.3d 1081 (2005) reinforced not only the authority, but the responsibility of disciplinary boards and commissions to direct investigation activities in disciplinary cases. The decision also stated that boards and commissions may choose to delegate the authority to staff, but the authority must delegate that responsibility in a rule. The medical quality assurance commission has decided to begin the rule process to delegate this activity to a case management team comprised of DOH staff and a clinical member of the commission.

     Reasons Supporting Proposal: The commission had expressly delegated the authority to DOH staff to initiate investigations in a 2004 written policy. This delegation assisted in moving cases more quickly through the disciplinary process and eliminated a significant workload for the commission. However, the court of appeals decision that the disciplining authority must determine that a compliant merits investigation has had the negative effects of slowing cases down and increasing workload. The proposed rule will reinstate the ability for a case management team to make the initial investigation decision.

     Statutory Authority for Adoption: RCW 18.71.017, 18.130.050 and 18.71A.020.

     Statute Being Implemented: RCW 18.130.080.

     Rule is necessary because of state court decision, Client A. v. Yoshinaka, 128 Wn. App. 833; 116 P.3d 1080 (2005).

     Name of Proponent: Department of health, medical quality assurance commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Beverly A. Thomas, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4788.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has determined that the proposed rule relates to internal governmental operations that are not subject to violation by nongovernmental party. Therefore, according to RCW 19.85.030, no small business economic impact statement needs to be prepared.

     A cost-benefit analysis is not required under RCW 34.05.328. The department has determined that the proposed rule relates to internal governmental operations that are not subject to violation by a nongovernment party. Therefore, according to RCW 34.08.328, a preliminary cost-benefit analysis is not required.

October 10, 2006

Blake T. Maresh

Executive Director

OTS-9043.2

NEW SECTION

WAC 246-918-010   Delegation of authority to initiate investigations.   The commission delegates to a case management team the authority to initiate an investigation when the commission or the department receives information 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 case management team will consist of, at a minimum, a commission member licensed under chapter 18.71 or 18.71A RCW, the executive director or his or her designee, an investigator and a staff attorney.

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OTS-9044.2

NEW SECTION

WAC 246-919-615   Delegation of authority to initiate investigations.   The commission delegates to a case management team the authority to initiate an investigation when the commission or the department receives information 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 case management team will consist of, at a minimum, a commission member licensed under chapter 18.71 or 18.71A RCW, the executive director or his or her designee, an investigator and a staff attorney.

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