WSR 06-11-091

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Board of Osteopathic Medicine and Surgery)

[ Filed May 17, 2006, 11:51 a.m. ]

Subject of Possible Rule Making: Osteopathic Physicians, WAC 246-853-XXX Sexual misconduct, 246-853-XXX Abuse osteopathic physician assistants, 246-854-XXX Sexual misconduct, and 246-854-XXX Abuse.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.57.005, 18.130.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board of osteopathic medicine and surgery is considering developing rules to define and establish sanctions on inappropriate conduct, including sexual misconduct, abuse, and patient relationships. The board's intent is to protect the public from practitioners who use their position to foster inappropriate conduct. While the board has established guidelines regarding sexual misconduct, the policy must be in rule to create clear, enforceable standards of conduct.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other agencies have the authority to regulate this subject matter for osteopathic physicians and osteopathic physician assistants.

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 by contacting Arlene Robertson, Program Manager, P.O. Box 47866, Olympia, WA 98504-7866, (360) 236-4945, fax (360) 236-2406, office [e-mail] arlene.robertson@doh.wa.gov. Interested parties will be notified via listserv and surface mail of rule-writing workshops they can participate in. Stakeholders may also submit written comments for consideration.

May 16, 2006

Blake T. Maresh

Executive Director

Washington State Code Reviser's Office