WSR 19-16-114
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
[Filed August 5, 2019, 9:43 a.m.]
Subject of Possible Rule Making: Chapter 246-08 WAC, Practice and procedure, rules regarding department of health (department) adjudicative proceedings for declaratory orders; public record requests; agency indexes; and general agency administrative processes. The department is reviewing existing rules within the chapter to identify amendments that may be necessary as a result of changes in statutes, changes in internal operations, opportunities to streamline processes to reduce regulatory burden without compromising public health and safety, and to provide clear, concise and reasonable rules. This rule making excludes: WAC 246-08-390 Acquisition, security, disclosure and destruction of health information, and 246-08-400 How much can a health care provider charge for searching and duplicating health care records?
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220, 34.05.240, 42.56.070, and 43.70.040.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has statutory authority to adopt rules within chapter 246-08 WAC. The rules are of general applicability adopted as authorized by law, and include statements of general policy or interpretations of general applicability formulated and adopted by the agency. Most of the rules have not been reviewed for potential changes in over ten years. Over the years some state laws have been updated or changed, internal department processes have been streamlined, and other changes may have been made that will require necessary changes to update and clarify the existing rules. The department will consider amending the rules as a result of the review.
WAC 246-08-390 and 246-08-400 are each excluded from this rule making as they have been updated within the last two years.
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.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tami Thompson, P.O. Box 47890, Olympia, WA 98540-7890 [98504-7890], phone 360-628-0096, TTY 360-833-6388 or 711, email tami.thompson@doh.wa.gov.
Additional comments: Interest[ed] parties may participate by contacting Tami Thompson and requesting being added to the interested parties list.
July 31, 2019
John Wiesman, DrPH, MPH
Secretary