Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-06-043.

     Title of Rule and Other Identifying Information: WAC 246-01-080 Organization and chapter 246-08 WAC, Practice and procedure. WAC 246-01-080 was updated in 2003 and most of chapter 246-08 WAC was last updated in 1997. Since then the agency has updated the agency organizational structure, relocated the department's main office to Tumwater, updated administrative procedures on public records disclosure and the index on significant decisions.

     Hearing Location(s): Washington State Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on March 23, 2006, at 10:00 a.m.

     Date of Intended Adoption: March 27, 2006.

     Submit Written Comments to: Jovi S. Swanson, P.O. Box 47890, Olympia, WA 98504, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 586-7424, by March 20, 2006.

     Assistance for Persons with Disabilities: Contact Jovi S. Swanson by March 16, 2006, TTY (711) 1-800-833-6388 or (360) 236-4028.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to update language to current practice and procedures. In addition, the proposal adds two new sections: (1) WAC 246-08-395 which reinstates 2003 repealed language requiring licensees or persons applying for benefits to provide a current mailing address to the department and (2) WAC 246-08-480 which states the requirements for recording adjudicative proceedings in an index of significant decisions.

     Reasons Supporting Proposal: The proposal assures that the department represents accurate and current information to the public and to the clients the department serves.

     Statutory Authority for Adoption: RCW 43.70.040, 43.70.050, 34.05.220, 42.17.250, 70.02.005.

     Statute Being Implemented: RCW 34.05.220.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state department of health, governmental.

     Name of Agency Personnel Responsible for Drafting: Jovi Swanson, 101 Israel Road, Tumwater, WA 98504, (360) 236-4028; Implementation and Enforcement: Shellie Carpenter, 310 Israel Road S.E., Tumwater, WA 98504, (360) 236-4674 and Kathy Stout, 101 Israel Road S.E., Tumwater, WA 98501, (360) 236-4221.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not prepared since the proposed rule does not impose more than minor costs on businesses in an industry under RCW 19.85.030. The proposed rule updates organizational practices and procedures.

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required under RCW 34.05.328 (5)[(b)](iv)(v). The proposed rule clarifies language and makes address changes without changing its effect and rules content is dictated by statute.

February 10, 2006

M. C. Selecky

Secretary

OTS-8078.2

AMENDATORY SECTION(Amending WSR 03-11-032, filed 5/15/03, effective 6/15/03)

WAC 246-01-080   Organization.   (1) DOH exists to protect and improve the health of the people of Washington. The department shares this mission with three primary partners:

     (a) Professional boards, commissions, and committees, which have varying degrees of statutory authority, ranging from advisory powers to rule adoptions and disciplinary powers;

     (b) The state board of health which has statutory authority to adopt rules to protect the public health, and may delegate this authority to the secretary and rescind the delegated authority; and

     (c) Local health jurisdictions throughout the state.

     (2) DOH is organized into ((five administrative)) four health services divisions as noted in this subsection plus the secretary's office ((and)), information resource management office((s)), financial services office, and other administrative offices necessary to carry out the goals expressed in RCW 43.70.020(2):

     (a) Community and family health;

     (b) Environmental health;

     (c) Epidemiology, health statistics and public health laboratories; and

     (d) Health systems quality assurance((; and

     (e) Management services)).

     (3) DOH maintains offices in Kent, ((Olympia,)) Tumwater, Richland, Shoreline and Spokane. These offices are not complete service locations and are not required to keep complete policy manuals and other records available for public inspection.

[Statutory Authority: Chapter 43.70 RCW, RCW 34.05.220, 42.17.250. 03-11-032, § 246-01-080, filed 5/15/03, effective 6/15/03. Statutory Authority: RCW 43.70.040. 95-10-043, § 246-01-080, filed 5/1/95, effective 6/1/95. Statutory Authority: RCW 43.70.050. 93-08-004 (Order 346), § 246-01-080, filed 3/24/93, effective 4/24/93.]

OTS-8079.4

AMENDATORY SECTION(Amending Order 369, filed 6/3/93, effective 7/4/93)

WAC 246-08-101   Declaratory orders -- ((Forms)) Format, content, and filing.   Any person may petition the department for a declaratory order, under RCW 34.05.240 with respect to the applicability of a particular circumstance of a rule, order, statute enforced by the agency. A petition for a declaratory order shall generally adhere to the following ((form)) format:

     (1) At the top of the page shall appear the wording "Before the Washington State Department of Health." On the left side of the page below the ((foregoing)) above statement, the following caption shall be set out: "In the matter of the petition of (name of petitioning party to be inserted) for a declaratory order." Opposite the ((foregoing)) caption shall appear the word "petition."

     (2) The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and address of the petitioning party. The second paragraph shall state all rules or statutes that may be brought into issue by the petition. Succeeding paragraphs shall set out the statement of facts ((relied upon in form)) similar in form to ((that)) applicable ((to)) complaints in civil actions before the superior courts of this state. The concluding paragraphs shall contain the ((prayer)) request of the petitioner. The petition shall be subscribed and verified in the manner prescribed for verification of complaints in the superior courts of this state.

     (3) The original and two legible copies shall be filed with the ((appropriate board having jurisdiction in relation to a profession as provided in RCW 18.130.040 (2)(b). The original and two legible copies shall be filed with the)) Department of Health, ((Office of Professional Standards, PO Box 47872)) Adjudicative Service Unit, P.O. Box 47879, Olympia, WA ((98504-7872 if the secretary of the department of health has jurisdiction in relation to a profession or program as provided under RCW 18.130.040 (2)(a) and 43.70.020 through 43.70.040 respectively)) 98504-7879. Petitions shall be on white paper, 8 1/2" x 11" in size.

[Statutory Authority: RCW 43.70.040. 93-13-005 (Order 369), § 246-08-101, filed 6/3/93, effective 7/4/93.]

[Statutory Authority: RCW 43.70.040. 93-13-005 (Order 369), § 246-08-102, filed 6/3/93, effective 7/4/93.]

     (1) Licensees, applicants for licensure, and persons who receive or apply for benefits administered by the department must provide the department with a current mailing address when submitting new applications or renewal applications with the department.

     (2) Licensees, applicants for licensure, and persons who receive or apply for benefits are responsible for notifying the appropriate department programs, in writing, of any address changes. The department will accept written notice through e-mail, fax, or by regular mail.

     (3) The department will use the most recent mailing address provided by the licensee, applicant, or persons who receive or apply for benefits for all official correspondence.

     (4) For the purpose of this section, "licensee" means a person holding a license, permit, certification, approval, registration, charter, or similar form of authorization required by law and granted by the department.

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     (2) The location of specific public records may be obtained by contacting the program where the records are maintained or the ((rules coordinator in the management services division)) appointed public records disclosure designee.

     (3) Requests ((for)) to inspect or receive copies of public records ((shall be in writing and)) must include:

     (a) ((The name and address of the person requesting the record;

     (b))) A ((detailed)) description of the requested ((material; and

     (c) If a list of names of individuals is being requested, an explanation of the purpose for which the request is made)) record or records;

     (b) An indication whether the requestor wishes to inspect or receive a copy of the requested records;

     (c) An address or other means through which the department may communicate with the requestor to clarify the request, provide information on copying charges and collect payment, and arrange for inspection or mailing of copies of the requested record or records; and

     (d) If a list of names of individuals is being requested, an explanation to determine whether the list will be used for commercial purposes consistent with RCW 42.17.260(9).

     (4) ((No)) The department shall not charge a fee ((shall be charged)) for the inspection of public records, however the department may charge for reimbursement of the costs incurred ((by)) for providing copies.

     (5) The department ((reserves the right to)) will determine ((that)) the extent to which a public record is exempt from public disclosure under ((the provisions of)) chapter 42.17 RCW or other statutes.

     (6) ((The department reserves the right to delete identifying details when disclosing public records if there is reason to believe that disclosure of such details would be an invasion of personal privacy.

     (7))) The department, when denying a request for a public record in whole or in part, shall provide a statement of the specific statutory exemption ((which)) that authorizes the withholding of the record or information and a brief explanation of how the exemption applies to the record or information withheld.

     (((8) Upon receipt of such denial, the requesting party)) (7) If the department denies a record, in whole or in part, the requestor may seek review of the decision by ((letter addressed)) sending a written request for review to the ((deputy secretary, 1112 S.E. Quince Street,)) Agency Public Records Disclosure Officer, P.O. Box 47890, Olympia, WA 98504-7890.

[Statutory Authority: RCW 43.70.050. 93-08-004 (Order 346), § 246-08-420, filed 3/24/93, effective 4/24/93.]

     (a) Final orders that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and contain an analysis or decision of substantial importance to the department in carrying out its duties;

     (b) Declaratory orders that contain an analysis or decision of substantial importance to the department in carrying out its duties;

     (c) Interpretive statements as defined in RCW 34.05.010(8); and

     (d) Policy statements as defined in RCW 34.05.010(14).

     (2) The department shall maintain indexes of:

     (a) Final orders meeting the criteria in subsection (1)(a) of this section, issued by the department and the disciplining authorities identified in RCW 18.130.040;

     (b) Declaratory orders meeting the criteria in subsection (1)(b) of this section issued by the department and the state board of health; and

     (c) Interpretive and policy statements issued by the department and state board of health.

     (3) The indexes shall, at a minimum, contain the case or document number; type of document; name of parties, if applicable, unless such names are exempt from public disclosure; brief description of subject, program; pertinent legal citation; and location of the document.

     (4) ((Any person may nominate a final adjudicative order or declaratory order to be evaluated for indexing by completing an Order Index Nomination Request Form which can be obtained from and returned to the Office of Professional Standards, PO Box 47872, Olympia, WA 98504-7872, along with a copy of the nominated order. The department shall make a final decision as to whether to index the nominated order, and that decision is not appealable.

     (5))) The department shall periodically update the indexes ((on an ongoing basis and conduct an annual review)) to verify that the indexed documents continue to meet the criteria in subsection (1) of this section. The department may, at any time, delete a document from an index. ((Pursuant to)) Under RCW 42.17.260(6), a public record may not be cited in a proceeding if it has not been indexed.

     (((6))) (5) The indexes are public records and are available for public inspection and copying in accordance with WAC 246-08-420 and 246-08-440. Indexes are located as follows:

     (a) The index of final adjudicative orders and declaratory orders is located in the ((Office of Professional Standards, 2413 Pacific Avenue, Olympia)) Adjudicative Service Unit, 310 Israel Road S.E., Tumwater, WA 98501; and

     (b) The index of ((declaratory orders,)) interpretive and policy statements issued by the department and the state board of health is located in the Office of the Secretary, ((1112 Quince St. SE, Olympia, WA 98504)) 101 Israel Road S.E., Tumwater, WA 98501.

[Statutory Authority: RCW 43.70.040. 94-04-079, § 246-08-450, filed 1/31/94, effective 3/3/94. Statutory Authority: 43.70.050. 93-08-004 (Order 346), § 246-08-450, filed 3/24/93, effective 4/24/93.]

     (2) The secretary and disciplinary authorities identified in RCW 18.130.040 select the orders to be included in "significant decisions" based on recommendations from staff and the public. Generally, a decision or order is considered "significant" only if it provides a legal analysis or interpretation not found in existing case law, or applies settled law to unusual facts. The significant decision index shall include orders meeting the criteria in subsection (1) of this section, issued by the department and the disciplining authorities identified in RCW 18.130.040.

     (3) The index shall, at a minimum, contain the case or document number; type of document; name of parties, if applicable, unless such names are exempt from public disclosure; brief description of subject, program; pertinent legal citation; and location of the document.

     (4) Any person may nominate a final adjudicative order, other adjudicative order or declaratory order to be evaluated for indexing by completing an Order Index Nomination Request Form. The form can be obtained from and returned to the Adjudicative Service Unit, P.O. Box 47879, Olympia, WA 98504-7879, along with a copy of the nominated order. The department shall make a final decision as to whether to index the nominated order, and that decision is not appealable.

     (5) The department shall periodically update and review the index to verify that the indexed documents continue to meet the criteria in subsection (1) of this section. The department may, at any time, delete a document from an index. Under RCW 42.17.260(6), a public record may not be cited in a proceeding if it has not been indexed.

     (6) The index is a public record and is available for public inspection and copying in accordance with WAC 246-08-420 and 246-08-440. The index of significant adjudicative orders is located in the Adjudicative Service Unit, 310 Israel Road, Tumwater, WA 98501.

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     (1) Employment - The department recruits, hires, develops, and promotes persons in all ((job classifications)) positions without regard to race, creed, color, sex, age, national origin, marital status, or presence of a mental, physical, or sensory handicap. The department seeks to maintain a working environment free of harassment or intimidation, and to reasonably accommodate persons of disability.

     (2) Affirmative action - The department strives to correct deficiencies regarding the utilization of protected groups, consistent with ((WAC 356-05-327, according to the timetables set forth)) applicable state and federal laws and guidelines as outlined in the department's affirmative action plan.

     (3) Services - The department provides services, programs, and lets contracts in a fair and impartial manner. No person shall, on the grounds of sex, race, creed, color, age, national origin, marital status, or handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity administered or supervised by the department as required by the federal government as a prerequisite for fiscal grants-in-aid (Sec. 601, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d) and chapter 49.60 RCW.

[Statutory Authority: RCW 43.70.050. 93-08-004 (Order 346), § 246-08-520, filed 3/24/93, effective 4/24/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-08-520, filed 12/27/90, effective 1/31/91; Order 18, § 248-10-010, filed 2/11/69.]