WSR 14-16-096

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 5, 2014, 2:46 p.m.]

Subject of Possible Rule Making: WAC 246-16-100 Sexual misconduct, the department of health (department) is considering revising the rule to clarify that forcible or nonconsensual acts are within the definition of sexual misconduct by a health care provider.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 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 department is considering updating the sexual misconduct rule to establish clearer standards of conduct for health care providers. The department's experience with investigating and enforcing the current rule has raised the need to clarify what acts constitute sexual misconduct by providers in health care professions under the secretary of health's authority listed in RCW 18.130.040 (2)(a). Updating the sexual misconduct rule will establish clearer standards of conduct and will help the department 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. Interested parties may participate in the development of draft rules prior to a formal proposal by providing input on draft and proposed rules language. Interested parties can receive information on how to participate by contacting Karl Hoehn, Supervising Staff Attorney, Office of Legal Services, P.O. Box 47873, 111 Israel Road S.E., Olympia, WA 98504-7852, e-mail karl.hoehn@doh.wa.gov, phone (360) 236-4717, fax (360) 236-4930.

August 5, 2014

Dennis E. Worsham

Deputy Secretary

for John Wiesman, DrPH, MPH

Secretary