Dear Interested Party or Stakeholder:

Thank you for your interest in the Department of Health’s (department) preproposal statement of inquiry (CR-101) for WAC 246-16-100—Sexual misconduct, WSR #14-16-096, that was filed with the Office of the Code Reviser on August 5, 2014.   The purpose of considering this draft rule revision is to establish clearer standards of conduct for all heath care professions regulated by the Secretary of the Department of Health (Secretary)

As was stated in the filed CR-101, the department’s experience with investigating and enforcing the current rule—WAC 246-16-100—Sexual misconduct—has raised the need to clarify what acts constitute sexual misconduct by providers in health care professions under the Secretary’s authority per RCW 18.130.040(2)(a). Specifically, the department is considering including acts of sexual misconduct that are forcible or nonconsensual that do not involve a patient or third party (also known as a key party).

Attached for your review is draft rule language to update WAC 246-16-100. If you would like to provide written comments on the draft rule language, please submit your comments to me at maura.craig@doh.wa.gov by Friday, October 24, 2014.  The department anticipates filing a CR-102 before the end of 2014, with a public hearing to be held in early 2015.

For any questions, please contact me at this email address or at 360.236-4997.

Thank you.

Maura Craig, DOH

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