WSR 15-02-031

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 30, 2014, 10:39 a.m.]

Subject of Possible Rule Making: Chapter 246-834 WAC, Midwives, the department of health is considering revising sections of the midwifery chapter in order to clarify, streamline, and modernize rules. See the list below for sections that may be revised. The department is also revising this WAC to include the elements of newborn care up to two weeks, as described in section 1 of 2SHB 1773 (chapter 187, Laws of 2014) and consistent with requirements of SHB 2544 (chapter 18, Laws of 2014).

Chapter 246-834 WAC elements of care for newborn and chapter modernization and streamlining: WAC 246-834-010 Definitions, 246-834-050 Examination requirements for licensure as a midwife, 246-834-065 Application for examination—Out-of-state education, 246-834-070 Release of examination results, 246-834-080 Failures, 246-834-090 Purpose of accreditation of midwifery educational programs, 246-834-100 Philosophy, purpose and objectives of an accredited midwifery educational program, 246-834-110 Advisory body, 246-834-120 Learning sites, 246-834-130 Staffing and teacher qualifications, 246-834-140 Curriculum, 246-834-150 Students, 246-834-160 Student midwife permit, 246-834-170 Reports to the department of health by accredited midwifery educational programs, 246-834-180 Application for accreditation, 246-834-190 School survey visits, 246-834-200 Appeal of department of health decisions, 246-834-210 Closure of an accredited school of midwifery, 246-834-250 Legend drugs and devices, 246-834-260 General provisions, 246-834-270 Mandatory reporting, 246-834-280 Health care institutions, 246-834-290 Midwifery associations or societies, 246-834-310 Health care service contractors and disability insurance carriers, 246-834-320 Professional liability carriers, 246-834-330 Courts, 246-834-340 State and federal agencies, 246-834-400 Expired license, and 246-834-990 Midwifery fees and renewal cycle.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.50.135 and 18.50.115, 2SHB 1773 (chapter 187, Laws of 2014), and SHB 2544 (chapter 18, Laws of 2014).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The midwifery program is considering proposing revisions to specific sections of chapter 246-834 WAC, Midwives, to implement section 1 of 2SHB 1773 (chapter 187, Laws of 2014), and to clarify, streamline, and modernize rule language. The list of sections above may be revised, amended or repealed. Except for revising individual sections, a comprehensive review of this chapter has not been done since 1991.

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 by contacting Department of Health, Midwifery Program, Kathy Weed, P.O. Box 47852, Olympia, WA 98504, (360) 236-4883, kathy.weed@doh.wa.gov. Interested stakeholders may sign up for the program's listserv at http://listserv.wa.gov/cgi-bin/wa?A0=MIDWIFERY&X=122A834CE747602B26&Y. All rule-making notices will be e-mailed to the program's interested parties list (listserv) and appropriate state associations. Rule drafting will take place in open public meetings where comments will be accepted verbally and in writing.

December 29, 2014

Dennis E. Worsham

Deputy Secretary

for John Wiesman, DrPh, MPH

Secretary