WSR 17-07-047

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 8, 2017, 3:21 p.m.]

Subject of Possible Rule Making: WAC 246-851-550 Sexual misconduct, the board of optometry (board) is considering revising the rule to clarify what forcible or nonconsensual acts are within the definition of sexual misconduct by an optometrist.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.54.070(2), 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 optometrists. The board is considering rule making to update their sexual misconduct rule so that this language is consistent across all health professions. Specifically, the board is considering including acts of sexual misconduct that are forcible or nonconsensual that do not involve a patient, client, or key party. 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 by contacting Loralei Walker, Program Manager, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, email Loralei.Walker@doh.wa.gov, phone (360) 236-4947, or fax (360) 236-2901. Stakeholders will be notified and invited to participate in the official public rules hearing. Stakeholders will be notified via listserv and posting to the web site.

March 8, 2017

Kathy J. Schmitt, Deputy Director

Office of Health Professions and Facilities