WSR 07-03-048

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed January 12, 2007, 12:11 p.m. ]

Subject of Possible Rule Making: WAC 246-930-490 Sexual misconduct for sex offender treatment providers, 246-809-049 Sexual misconduct for licensed marriage and family therapists, licensed mental health counselors, and licensed social workers, 246-810-049 Sexual misconduct for registered counselors and hypnotherapists, and new section WAC 246-811-XXX Sexual misconduct for chemical dependency professionals.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.55.040, 18.19.050, 18.130.050, 18.225.040, 18.205.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Sex offender treatment provider advisory committee (SOTP), licensed marriage and family therapists, (LMFT), licensed mental health counselors (LMHC), licensed social workers (LSW), registered counselors (RC), and hypnotherapists (HY) currently have program specific sexual misconduct rules in place, in addition to the sexual misconduct rules that were adopted under chapter 246-16 WAC. Rule making is necessary to strengthen and eliminate any provisions from the existing sexual misconduct rules that are redundant or are in conflict with chapter 246-16 WAC.

The chemical dependency professionals (CDP) currently have sexual misconduct rules in place under chapter 246-16 WAC, but do not have program specific sexual misconduct rules established. The intent is to establish program specific sexual misconduct rules under chapter 246-811 WAC, in addition to chapter 246-16 WAC.

SOTPs, LMFTs, LMHCs, LSWs, RCs, HYs, and CDPs must comply with the sexual misconduct rules under chapter 246-16 WAC and the sexual misconduct rules that are unique to their own profession.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Collaborative rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Stakeholders will be notified of the rule inquiry via listserv and surface mail. Stakeholders will be given an opportunity to submit written comments for consideration and participate in the public rule writing workshop and/or testify at the public hearing.

January 12, 2007

Mary C. Selecky

Secretary

Washington State Code Reviser's Office