WSR 15-03-072

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 15, 2015, 2:57 p.m.]

Subject of Possible Rule Making: WAC 246-934-020 Definitions and 246-934-100, the veterinary board of governors (board) is considering revising the rule to clarify that forcible or nonconsensual acts are within the definition of sexual misconduct. The board will also review the rules for relevance to the veterinary professions which may result in amendment of current language.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.92.030, 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 current rule does not address sexual misconduct by a provider regulated by the board against a person other than a patient, client or key party, such as sexual harassment of staff, or sexual assaults against family members, social acquaintances or strangers. Amending WAC 246-934-100 will provide clearer and more relevant direction to veterinary practitioners on guidelines for sexual misconduct.

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. Stakeholders will be notified and invited to participate in an open public rules workshop and may submit written comments for consideration. Stakeholders will be notified through listserv and posting to the web site. Contact Judy Haenke, Program Manager, Department of Health, Veterinary Board of Governors, P.O. Box 47852, Olympia, WA 98504-7852, judy.haenke@doh.wa.gov, phone (360) 236-4947 or fax (360) 236-2901.

January 15, 2015

Kathy Schmitt

Deputy Director

Health Professions

and Facilities