WSR 07-06-084

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Psychology)

[ Filed March 7, 2007, 8:47 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: New section WAC 246-924-485 Delegation of authority to initiate investigations. The proposed rule delegates authority to the department of health (DOH), DOH staff and one clinical member of the examining board of psychology to initiate investigations.

Hearing Location(s): Department of Health, 310 Israel Road S.E., Room 152, Olympia, WA 98504-7869, on April 20, 2007, at 9:00 a.m.

Date of Intended Adoption: April 20, 2007.

Submit Written Comments to: Betty Moe, P.O. Box 47869, Olympia, WA 98504-7869, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4909, by April 6, 2007.

Assistance for Persons with Disabilities: Contact Betty Moe by April 6, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A recent appellate court decision Client A & B v. Yoshinaka, 128 Wn. App. 833, 116 P.3d 1801 (2005) reinforced not only the authority but also the responsibility of disciplinary boards and commissions to direct investigations 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 examinating board of psychology has decided to propose a rule to delegate this activity to a case management team comprised of DOH staff and a clinical member of the board.

Reasons Supporting Proposal: The current procedure for authorizing an investigation requires a board member to present each complaint to a panel of three or more board members. Difficulties of assembling the panel results in delay of the decision to investigate and ultimately delays the entire case. The case management team will be able to meet regularly which will eliminate the delay.

Statutory Authority for Adoption: RCW 18.83.050 and 18.130.050.

Statute Being Implemented: RCW 18.130.080.

Rule is necessary because of state court decision, Client A & B v. Yoshinaka, 128 Wn. App. 833, 116 P.3d 1081 (2005).

Name of Proponent: Department of health, examining board of psychology, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Moe, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4912.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has determined that the proposed rule relate to internal governmental operations that are not subject to violation by a nongovernmental party. Therefore, according to RCW 19.85.025 and 34.05.310(4) no small business economic [impact] statement needs to be prepared.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328 (5)(b)(ii) exempts rules that relate only to internal governmental operations that are not subject to violation by a nongovernmental party.

March 6, 2007

Betty Moe

Program Manager

OTS-9307.3


NEW SECTION
WAC 246-924-485   Delegation of authority to initiate investigations.   The board delegates to a case management team the authority to initiate an investigation when the board or the department receives information, by means of a complaint or otherwise, 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 must include a board member licensed under chapter 18.83 RCW, the executive or his or her designee, and a staff attorney. A majority of the team must agree to initiate an investigation. The majority must include the board member representative.

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Washington State Code Reviser's Office