WSR 14-23-028

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 12, 2014, 9:13 a.m.]

Subject of Possible Rule Making: WAC 246-924-358 Sexual misconduct, the examining board of psychology (board) is considering revising the rule to clarify that forcible or nonconsensual acts are within the definition of sexual misconduct by psychologists.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.83.050, 18.130.050, and Executive Order 06-03.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board is considering updating the sexual misconduct rule to establish clearer standards of conduct for psychologists. The board's experience with investigating and enforcing the current rule has raised the need to clarify what acts constitute sexual misconduct by psychologists. Updating the sexual misconduct rule will establish clearer standards of conduct and help the board be consistent in its enforcement activities to more fully comply with RCW 18.130.062 and Executive Order 06-03.

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 rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Betty Moe, Program Manager, Health Professions and Facilities, Examining Board of Psychology, P.O. Box 47852, Olympia, WA 98504-7852, e-mail betty.moe@doh.wa.gov, phone (360) 236-4912, fax (360) 236-2901. Stakeholders will be notified of open public workshops and may submit written comments for consideration. Notifications will be sent through the psychology listserv. Information will also be posted to the program's web site.

November 12, 2014

T. Cahn, Ph.D.

Chair