The department’s (Dept. of Health) 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 (like LMPs) 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 firstname.lastname@example.org 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 Maura Craig at the email address above or at 360.236-4997.