WSR 17-14-010
EXPEDITED RULES
DEPARTMENT OF HEALTH
[Filed June 22, 2017, 11:35 a.m.]
Title of Rule and Other Identifying Information: WAC 246-811-020 Sexual misconduct, correcting references regarding sexual misconduct for chemical dependency professionals.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Brad Burnham, Washington State Department of Health, 111 Israel Road S.E., Tumwater, WA 98501, AND RECEIVED BY September 5, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule is to correct a reference to WAC 246-16-100 found in WAC 246-811-020. WAC 246-16-100 was amended in December 2015 (WSR 15-24-087), in which its subsections were renumbered. Consequently, the current language in WAC 246-811-020 unintentionally references incorrect subsections in WAC 246-16-100. This proposal is for clarification only and will not change the rule's effect.
Reasons Supporting Proposal: This change is needed for accuracy and clarity in understanding sexual misconduct regulations for chemical dependency professionals. Expediting rule making is appropriate under RCW 34.05.353 (1)(c) because the proposed rule only corrects incorrect cross-references without changing the intended effect of the rule.
Statutory Authority for Adoption: RCW 18.130.050 and 18.205.060.
Statute Being Implemented: RCW 18.130.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Jeff Wise, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4987; Implementation and Enforcement: Brad Burnham, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4912.
June 21, 2017
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 09-14-111, filed 6/30/09, effective 7/1/09)
WAC 246-811-020 Sexual misconduct.
(1) The definitions and prohibitions on sexual misconduct described in chapter 246-16 WAC apply to chemical dependency professionals and a chemical dependency professional trainee except WAC 246-16-100 (((3) and)) (4) and (5).
(2) A chemical dependency professional or a chemical dependency professional trainee shall never engage, or attempt to engage, in the activities listed in WAC 246-16-100 (1) and (2) with a former patient, former client or former key party.