WSR 08-20-121

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed September 30, 2008, 5:56 p.m. , effective October 31, 2008 ]


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

Purpose: The rule change deletes a definition that is no longer needed. Prior to 2007, the definition of "good cause" provided consistency for extensions of basic time periods for complaint processing. The rules were changed in 2007 and management oversight of time periods changed to continuous oversight. Since extensions are no longer needed, the definition of good cause is no longer needed.

Citation of Existing Rules Affected by this Order: Amending WAC 246-14-020.

Statutory Authority for Adoption: RCW 18.130.095.

Adopted under notice filed as WSR 08-16-114 on August 5, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 30, 2008.

Mary C. Selecky

Secretary

OTS-1595.1


AMENDATORY SECTION(Amending WSR 07-24-073, filed 12/4/07, effective 1/4/08)

WAC 246-14-020   Definitions.   (1) A "report" is information received by the department of health which raises concern about conduct, acts or conditions related to a credential holder or applicant or about the credential holder or applicant's ability to practice with reasonable skill and safety. If the disciplining authority determines a report warrants an investigation, the report becomes a "complaint."

(2) ((Basic time periods may be exceeded for "good cause." Good cause is determined on a case-by-case basis, balancing all relevant factors including risk of harm to the public. Some examples of relevant factors may be circumstances not within the control of the department or the disciplining authority, need for expert review not available within the department or the disciplining authority, and activities which cannot be completed within the time period despite effort to do so.

(3))) "Days" are calendar days unless otherwise indicated. If a time period would end on a Saturday, Sunday, or state holiday, that time period will end on the next business day.

(((4))) (3) "Enhanced management oversight" is enhanced direction of a case imposed by department management as an enforcement mechanism when a basic time period is exceeded. Management will ensure the case moves through the stage promptly. Some examples of enhanced direction may be staffing changes, resource reallocation, and work planning.

[Statutory Authority: RCW 18.130.095. 07-24-073, 246-14-020, filed 12/4/07, effective 1/4/08. Statutory Authority: RCW 18.130.095(1). 00-10-114, 246-14-020, filed 5/3/00, effective 7/2/00.]

Washington State Code Reviser's Office