Subject of Possible Rule Making: WAC 246-817-450 Definitions and 246-817-460 Sexual misconduct, amending to include dental assistants and expanded function dental auxiliaries.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.260.120 and 18.130.050.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently registered dental assistants and licensed expanded function dental auxiliaries do not have rules defining sexual misconduct, however licensed dentists do. Without rules, practitioners do not know the standards to which they are held and any disciplinary action may be inconsistent. Amendments to the existing rules for dentists on sexual misconduct may be necessary to establish clear definitions for sexual misconduct by all dental professionals. This will help ensure public safety. The existing sexual misconduct rules were established in 2006 prior to the creation of registered dental assistants and licensed expanded function dental auxiliaries in 2008.

     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 by contacting Department of Health, Dental Quality Assurance Commission, Jennifer Santiago, P.O. Box 47852, Olympia, WA 98504, (360) 236-4893, jennifer.santiago@doh.wa.gov. Interested sakeholders [stakeholders] may sign up for the dental commission's listserv at http://listserv.wa.gov/cgi-bin/wa?SUBED1=dental-qac&A=1. All rule-making notices will be e-mailed to the dental commission's interested parties list (listserv) and appropriate state associations.

February 4, 2013

Blake T. Maresh

Executive Director