The Department of Labor & Industries (L&I) updated its rulemaking website

Washington State Department of Labor & Industries sent this bulletin at 06/23/2023 09:58 AM PDT

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washington state department of labor and industries - updates from l and i - www dot l n i dot w a dot gov - 3609025800

The Department of Labor & Industries (L&I) updated its rulemaking website

For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.

Division: Insurance Services (Legal Services)

Topic: Preproposal (CR-101) – Independent Medical Examination (IME) Notification Process - Accompanying Person (SHB 1068 Implementation)

Brief Description: Substitute House Bill 1068 (SHB 1068), from the 2023 legislative session, allows a worker to audio and visually record an independent medical examination (IME), and included an observer may be present for all examinations with the worker. The updated statute, RCW 51.36.070, requires the department create rules defining the notification process the worker must follow when they want to record an IME. One existing rule, WAC 296-23-362, states an observer may not attend a psychiatric examination. This rule needs to be updated as the amended statute includes an observer may be present for all examinations.

A separate rulemaking was initiated on June 6, 2023, under WSR 23-12-072 to address the repeal of the requirement under WAC 296-23-367 that prohibits workers from videotape or audio tape of independent medical examination by the worker.

Additional information about this rulemaking:
CR-101 Preproposal