Department of Health



Department of Health

Policy

|Title: |Review of Interpretive and Policy Statements |Number: |19.001 |

|Procedure: |See associated procedure |

|References: |RCW 34.05.010 and 34.05.230 |

|Applies to: |All DOH employees |

|Contact: |Agency Regulatory Affairs Manager |

|Effective Date: |February 20, 2008 |Review Date: |February 20, 2011 |

|Supersedes: |DOH Policy 19.001 dated June 6, 1996 |

|Approved: |Signed by Mary C. Selecky |Secretary, Department of Health |

Policy Statement:

Before a notice is filed with the Office of the Code Reviser as a “Notice of Interpretive and Policy Statement” under RCW 34.05.230, the Interpretive and Policy Statement must be reviewed by the appropriate management, program designees, or legal counsel, as well as by the agency Regulatory Affairs Manager to determine that the document:

1. Meets the definition of an Interpretive and Policy Statement;

2. Is the official opinion or approach of the department, board or commission; and

3. Does not direct the actions of, set requirements for, or impose penalties on the public that should be adopted as a rule in the Washington Administrative Code (WAC).

Definitions (as applicable):

Board or Commission means an independent health profession board or commission described in RCW 18.130.040(2)(b).

Department means the Washington State Department of Heath.

Designee means any department staff assigned by senior management, division management, a board, or a commission to review a proposed Interpretive and Policy Statement.

Interpretive and Policy Statement means:

1. A written expression of opinion of an agency or agency head that explains the meaning of a statute, other provision of law, court decision, rule or other agency order; or

2. A written description of the current approach of an agency or agency head that explains the way the agency carries out a statute or other provision of law, a court decision, rule or other agency order, including if appropriate the agency’s current practice, procedure or method of action based on that approach. See RCW 34.05.010.

Rule means a requirement of general applicability adopted in the Washington Administrative Code (WAC) under the process described in chapter 34.05 RCW, parts II and III. See RCW 34.05.010.

Framework:

RCW 34.05.230 encourages agencies to let the public know about official agency opinions, approaches or likely courses of action by issuing advisory Interpretive and Policy Statements. After the agency approves an Interpretive and Policy Statement, a notice announcing the statement is filed with Office of the Code Reviser for legal publication in the Washington State Register.

The intent of this law is to:

i) Improve communication with affected public stakeholders that may have an interest in or be affected by department Interpretive and Policy Statements, and

ii) Allow the public to inspect these documents and comment on their content or effect.

The filed notice may include the entire content of the Interpretive and Policy Statement or a brief summary of the content. The notice includes a department contact person and information on how the public can view the entire Interpretive or Policy Statement if only a brief summary is filed.

Interpretive and Policy Statements cannot set enforceable requirements for the public or impose a penalty for violation. An agency must adopt such requirements or penalties as rules (WAC) in a public process under the Administrative Procedure Act, chap. 34.05 RCW. See Washington Education Association v. Public Disclosure Commission, 150 Wn.2d 612.

Interpretive and Policy Statements can be a source of controversy. As a result, Governor’s Executive Order 97-02 on Regulatory Improvement directed executive agencies to review Interpretive and Policy Statements that had been the subject of public complaints or concern for any requirements that would be more appropriately adopted as rules. In addition, chap. 34.05 RCW allows a member of the public or the Legislature’s Joint Administrative Rules Review Committee (JARRC) to petition the department, board or commission at any time to convert an existing Interpretive or Policy Statement into a rule, and requires a formal agency response to the petition. The department’s denial of a public petition may be appealed to the Governor or to JARRC.

Agency rules staff in the Office of the Secretary - Policy, Legislative and Constituent Relations file all Interpretive and Policy Statements with the Code Reviser and keep an index of statements filed since 1996. This index may be inspected by the public.

Review and Approval:

The Regulatory Affairs Manager in the Office of the Secretary – Policy, Legislative and Constituent Relations will be responsible for coordinating any updates or rescinding of this policy or its associated procedure(s) with the Labor Relations Manager in the Office of Human Resources. The Secretary, Department of Health, has full authority to review and approve this policy and associated procedure. The Secretary also has the authority to delegate this responsibility.

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