WSR 15-03-064

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 15, 2015, 1:20 p.m.]

Subject of Possible Rule Making: WAC 246-836-510 Sexual misconduct, the board of naturopathy (board) is considering revising the rule to clarify that forcible or nonconsensual acts are within the definition of sexual misconduct by a naturopathic physician.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.36A.160, 18.130.062, and Executive Order 06-03.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board is considering updating the sexual misconduct rule to establish clearer standards of conduct for naturopathic physicians. The board's experience with investigating and enforcing the current rule has raised the need to clarify what acts constitute sexual misconduct by naturopathic physicians under the board's authority. Updating the sexual misconduct rule will establish clearer standards of conduct and will help the board 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 can participate in the rule process through meetings and by submitting written comments, and are encouraged to join the listserv at http://listserv.wa.gov/cgi-bin/wa?A0=NATUROPATHY-PROGRAM. Please address any questions and/or comments to Susan Gragg, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4941, fax (360) 236-2901, e-mail susan.gragg@doh.wa.gov.

January 14, 2015

Chris Humberson, R.Ph

Executive Director