WSR 15-03-002
EXPEDITED RULES
DEPARTMENT OF HEALTH
(Chiropractic Quality Assurance Commission)
[Filed January 7, 2015, 1:38 p.m.]
Title of Rule and Other Identifying Information: WAC 246-808-700 Cooperation with investigation, the chiropractic quality assurance commission (CQAC) has determined that this rule is redundant due to the investigative requirements in RCW 18.130.230 and proposes repealing the rule.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Leann Yount, Program Manager, Department of Health, 111 Israel Road S.E., P.O. Box 47858, Olympia, WA 98504-7858, AND RECEIVED BY March 23, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will repeal WAC 246-808-700 because the legislature granted statutory authority in RCW 18.130.230 to require all healthcare professions, including chiropractors, to produce documents requested as part of an investigation or be subject to a fine. RCW 18.130.230 is more specific than WAC 246-808-700 and controls the legal process for production of documents, so WAC 246-808-700 should be repealed.
Reasons Supporting Proposal: RCW 18.130.230 governs the same activity as WAC 246-808-700, making the rule redundant, and therefore use of the expedited rule-making process to repeal the rule is appropriate.
Statutory Authority for Adoption: RCW 18.25.0171, 18.130.050.
Statute Being Implemented: RCW 18.25.0171.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: CQAC, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Leann Yount, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4856.
January 7, 2015
Leann Yount
Program Manager
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 246-808-700
Cooperation with investigation.