WSR 16-23-057

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 10, 2016, 11:09 a.m.]

Subject of Possible Rule Making: WAC 246-827-0010 Definitions and 246-827-XXX, the department of health (department) is considering amending the medical assistant (MA) rules to add definitions and establish a new section regarding statutorily authorized forensic blood draws - standards of practice for purpose of collecting evidence.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.360.030, 18.360.070, 18.130.410, and 46.61.506.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In response to the governor's direction and a rule petition, the department is considering: (1) Adding "forensic blood draws" to the definitions section per RCW 46.61.506(5); (2) creating a new section to establish that a MA-phlebotomist or MA-certified may perform forensic blood draws in accordance with MA standard of practice listed under chapter 246-827 WAC; and (3) including language exempting those MAs performing forensic blood draws, done within standard of care, from criminal and civil liability per RCW 18.130.410. It is anticipated that amending rules will provide needed clarification that a MA-phlebotomist or MA-certified is authorized under existing law to perform forensic blood draws.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state patrol and Washington state law and justice training commission. These organizations employ and train law enforcement personnel and the department will keep them informed throughout the rule-making process.

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. Interested parties may participate in the development of draft rules prior to a formal proposal by joining the MA program's listserv, attending workshops, and providing input on draft and proposed materials. Interested parties can receive information on how to participate by contacting Brett Cain, Program Manager, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4766, fax 9360) [(360)] 236-2901, e-mail brett.cain@doh.wa.gov.

November 8, 2016

John Wiesman, DrPH, MPH

Secretary