WSR 14-24-021

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 21, 2014, 8:34 a.m.]

Subject of Possible Rule Making: WAC 246-817-450 Definitions and 246-817-460 Sexual misconduct, the dental quality assurance commission (commission) is considering revising the rule to clarify that forcible or nonconsensual acts are within the definition of sexual misconduct by a dental provider.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.32.0365, 18.130.050, 18.130.062, and Executive Order 06-03.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission is considering updating the sexual misconduct rule to establish clearer standards of conduct for dental providers. The commission's experience with investigating and enforcing the current rule has raised the need to clarify what acts constitute sexual misconduct by dental providers under the commission's authority listed in RCW 18.130.040 (2)(b). Updating the sexual misconduct rule will establish clearer standards of conduct and will help the commission 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 the 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 stakeholders may sign up for the 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 commission's interested parties list (listserv) and appropriate state associations. Rule drafting will take place in open public meetings where comments will be accepted verbally and in writing.

November 21, 2014

Trina Castle

Executive Director