Subject of Possible Rule Making: WAC 246-840-740 Sexual misconduct prohibited.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.79.110 and 18.130.050.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The sexual misconduct rule adopted in 1999 needs updating. The nursing commission identified a need to strengthen the terms and definitions and add clarity to existing rules and possibly add additional requirements as necessary after reviewing model rules and other professions' rules. The nursing commission wants to ensure it is clear what conduct is prohibited. Without clear and specific rules it can be difficult to charge nurses with sexual misconduct or boundary violations. These amendments will help nurses, nursing technicians and patients understand what is considered sexual misconduct or boundary violations and make it easier for the nursing commission to take disciplinary action.

     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.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may be notified through the nursing commission's listserv at http://listserv.wa.gov/cgi-bin/wa?A0=NURSING-QAC regarding workshops and public hearings to give verbal input. If unable to attend a workshop or hearing, interested parties may submit written comments to Terry J. West, Deputy Executive Director, Nursing Care Quality Assurance Commission, P.O. Box 47864, Olympia, WA 98504, (360) 236-4712 or terry.west@doh.wa.gov or htttp://www.doh.wa.gov/hsqa/Professions/Nursing/RulesInProgress.htm [http://www.doh.wa.gov/LicensesPermitsandCertificates/NursingCommission/RulesinProgress.aspx].

August 2, 2012

Paula R. Meyer, MSN, RN

Executive Director