WSR 18-05-008
(Board of Naturopathy)
[Filed February 7, 2018, 4:54 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-13-094.
Title of Rule and Other Identifying Information: WAC 246-836-330, 246-836-340, 246-836-350, 246-836-360, 246-836-370, 246-836-380 and 246-836-390, the board of naturopathy (board) is proposing to amend WAC 246-836-330 and repeal the other six rule sections to address redundancies regarding mandatory reporting.
Hearing Location(s): On May 18, 2018, at 9:00 a.m., at the Department of Health, Creekside 2 at Center Point, Suite 310, Room 307, 20425 72nd Avenue South, Kent, WA 98032.
Date of Intended Adoption: May 18, 2018.
Submit Written Comments to: Susan Gragg, P.O. Box 47852, Olympia, WA 98504-7852, email, fax 360-236-2901, by May 11, 2018.
Assistance for Persons with Disabilities: Contact Susan Gragg, phone 360-236-4941, TTY 360-833-6388 or 711, email, by February 2, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board reviewed existing rules in accordance with RCW 43.70.041 that requires the department of health, along with other boards and commissions, to perform a review of existing rules every five years. As a result of their review, the board is proposing to amend one rule section and repeal six rule sections to address redundancies between existing statute and rules regarding mandatory reporting that pertain to all health professions.
Reasons Supporting Proposal: RCW 43.70.041 was passed by the legislature in 2013 requiring the department of health to perform periodic rule review. This followed an earlier executive order (EO 06-02) for regulatory improvement - Improve, Simplify, and Assist. The objective of the statute and EO is to simplify and streamline the process for permitting, licensing, and regulation. The proposal meets the statutes' and EO's intent of simplifying regulations under the board's authority by repealing rule sections no longer needed.
Statutory Authority for Adoption: RCW 18.36A.160.
Statute Being Implemented: Chapter 18.36A RCW and RCW 43.70.041.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state board of naturopathy, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Gragg, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4941.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iv) exempts rules that only correct typographical errors, make address or name changes or clarify the language of a rule without changing its effect.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
February 7, 2018
Blake T. Maresh
Executive Director
AMENDATORY SECTION (Amending WSR 12-13-104, filed 6/20/12, effective 7/21/12)
WAC 246-836-330 Mandatory reporting.
(((1) All reports required by this chapter shall be submitted to the board as soon as possible, but no later than twenty days after a determination is made.
(2) A report should contain the following information if known:
(a) The name, address, and telephone number of the person making the report.
(b) The name and address and telephone numbers of the naturopath being reported.
(c) The case number of any patient whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid in the evaluation of the report.
(3) Mandatory reports shall be exempt from public inspection and copying to the extent permitted under RCW 42.17.310 or to the extent that public inspection or copying of the report or any portion of the report would invade or violate a person's right to privacy as set forth in RCW 42.17.255.
(4) A person is immune from civil liability, whether direct or derivative, for providing information to the board pursuant to RCW 18.130.070.)) Any person including, but not limited to, a naturopathic physician, health care facility, or governmental agency shall always report in compliance with the uniform mandatory reporting rules found in WAC 246-16-200 through 246-16-270.
The following sections of the Washington Administrative Code are repealed:
WAC 246-836-340
Health care institutions.
WAC 246-836-350
Naturopathic associations or societies.
WAC 246-836-360
Health care service contractors and disability insurance carriers.
WAC 246-836-370
Professional liability carriers.
WAC 246-836-380
WAC 246-836-390
State and federal agencies.