Notification of expedited rulemaking - Independent Medical Examinations - Recordings

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washington state department of labor and industries - claims and insurance


Notification of expedited rulemaking - Independent Medical Examinations - Recordings

Dear Business or Stakeholder:

Substitute House Bill 1068 (SHB 1068) was adopted into law by the legislature effective July 23, 2023, requiring a rule update to reflect changes made to RCW 51.36.070. The updated statute indicates workers have the right to record the audio, video or both, of all independent medical examinations ordered under this statute, RCW 51.32.110, and by the Board of Industrial Insurance Appeals. The current rule states video and audio recording isn’t allowed. This rule needs to be repealed to align with the statute.

Chapter 296-23 WAC, Radiology, radiation therapy, nuclear medicine, pathology, hospital, chiropractic, physical therapy, drugless therapeutics and nursing—Drugless therapeutics, etc.; WAC 296-23-367, May the worker videotape or audiotape the independent medical examination?

The expedited proposal was filed on June 6, 2023. Labor & Industries anticipates filing the CR-103 for adoption on August 8, 2023, and the anticipated effective date is August 8, 2023.

You can review the expedited proposed rules at: Rulemaking Activity at L&I (

If you object to this use of the expedited rulemaking process, you must express your objections in writing and they must be received by 5:00 p.m. on August 7, 2023.

They must be sent to:

Mail: Suzy Campbell
         WA State Department of Labor & Industries
         Insurance Services / Legal Services
         PO Box 44270
         Olympia, WA 98504-4270

Fax: 360-902-5029


Mike Ratko
Assistant Director, Insurance Services
Department of Labor & Industries