WSR 14-22-047

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 30, 2014, 7:13 a.m.]

Subject of Possible Rule Making: WAC 246-919-630 Sexual misconduct, the medical quality assurance commission (commission) is considering revising the rule to clarify that forcible or nonconsensual acts are within the definition of sexual misconduct by an allopathic physician.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.71.017, 18.130.062, and Executive Order 06-03.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission is considering updating the sexual misconduct rule to establish clearer standards of conduct for allopathic physicians. The commission's experience with investigating and enforcing the current rule has raised the need to clarify what acts constitute sexual misconduct by allopathic physicians under the commission's authority. Updating the sexual misconduct rule will establish clearer standards of conduct and will help the commission 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 Daidria Pittman, Program Manager, Medical Quality Assurance Commission, P.O. Box 47866, Olympia, WA 98504-7866, e-mail daidria.pittman@doh.wa.gov, phone (360) 236-2727, fax (360) 236-2795.

October 27, 2014

Melanie de Leon

Executive Director