WSR 10-13-165

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed June 23, 2010, 8:54 a.m. ]

     Subject of Possible Rule Making: WAC 296-23-317 and 296-23-337, both pertaining to independent medical examination providers.

     Purpose: We are changing our recently revised language to specifically address requirements for general dentistry providers who apply to be approved independent medical examiners. Also we will make some changes to make the language of both sections clearer.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030, 51.32.055, 51.32.112, 51.32.114, 51.36.060, and 51.36.070.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Our rules require board certification for providers to perform independent medical exams. This applies to all medical, osteopathic, and podiatric physicians as well as dentists. Because only dentists with specialties are board certified, we must change the rules to allow those in general dentistry to remain on the approved examiner list.

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

     Process for Developing New Rule: Labor and industries will begin the rule development process and will share the draft proposal with stakeholders and other interested parties, including the workers' compensation advisory committee. Public hearings will be held after the proposal is filed.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. A notification will be mailed to all IME providers alerting them to the rule making and encouraging them to sign up for the IME listserv. Updates will be published at the listserv site. Providers who wish to be added to the listserv can do so through this link http://www.lni.wa.gov/Main/Listservs/IME.asp.

     Meetings will be held with business and labor representatives and small groups representing IME firms and providers. Feedback from providers is encouraged through the listserv or contacting Anita L. Austin, Health Services Analysis, P.O. Box 44322, Olympia, WA 98404-4322 [98504-4322], phone (360) 902-6825, fax (360) 902-4249, e-mail sund235@lni.wa.gov.

June 23, 2010

Judy Schurke

Director

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