WSR 97-20-101

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed September 29, 1997, 4:28 p.m.]

Date of Adoption: September 16, 1997.

Purpose: Repeals the rules identified below because they are no longer necessary due to changed circumstances, they are redundant under other chapters, or because the statute on which the rule was created has been repealed. Chapter 246-171 WAC, WAC 246-220-130, 246-224-040 and 246-224-080, these rules are no longer necessary due to changed circumstances.

WAC 246-225-99910, there is no statutory authority for this rule.

WAC 246-227-010, this section is duplicative of WAC 246-228-001.

WAC 246-229-010 and 246-229-040, these sections are duplicative of chapter 246-244 WAC.

WAC 246-293-310, this section is redundant to WAC 246-293-690.

WAC 246-310-060, 246-310-135 and 246-310-630, these rules are duplicative of chapter 70.38 RCW, and are no longer necessary due to changed circumstances.

WAC 246-316-001, this section is duplicative of chapter 18.20 RCW.

WAC 246-318-018, this rule is no longer necessary due to changed circumstances.

WAC 246-318-050 through 246-318-140, 246-318-340, 246-318-360 and 246-318-410, these sections are duplicative with hospital construction standards within chapter 246-318 WAC.

WAC 246-318-430 and 246-318-435, these sections are duplicative of other sections within chapter 246-318 WAC.

WAC 246-318-501, this rule is duplicative of RCW 70.41.030.

WAC 246-322-001, 246-324-001, 246-325-001, 246-326-001 and 246-327-001, these sections are no longer necessary because they are duplicative of RCW, and circumstances have changed.

WAC 246-328-150, rule is duplicative of WAC 246-01-100.

WAC 246-329-001, 246-331-001 and 246-336-001, these sections are no longer necessary because they are duplicative of RCW, and circumstances have changed.

Chapter 246-510 WAC, this chapter is no longer necessary because it duplicates chapter 182-20 WAC.

WAC 246-560-015 through 246-560-030, 246-560-080 through 246-560-120, circumstances have changed and these sections are no longer necessary.

WAC 246-822-100, 246-822-140, 246-830-220 to 246-830-280 and 246-830-690, circumstances have changed due to passage of chapter 191, Laws of 1996.

WAC 246-834-350, rule is duplicative with RCW 18.130.180(8) and policy D06.04.

WAC 246-836-070, circumstances have changed due to passage of chapter 191, Laws of 1996.

WAC 246-836-190, the rule is no longer necessary because statute on which the rule was based has been repealed.

WAC 246-836-400, circumstances have changed due to passage of chapter 191, Laws of 1996.

WAC 246-841-710, nursing assistants fall under the Uniform Disciplinary Act (chapter 18.130 RCW) so rule is duplicative.

WAC 246-841-730, the rule is not enforceable because of no jurisdiction over courts.

WAC 246-841-740, jurisdiction for agency reporting as referred in WAC resides within other agencies pursuant to statute.

WAC 246-841-750, the Uniform Disciplinary Act (chapter 18.130 RCW) provided for cooperation with an investigation and chapter 246-10 WAC already provides uniform procedural rules.

WAC 246-843-158, the rule is duplicative of WAC 246-01-100.

WAC 246-933-170, 246-933-980, 246-935-125 and 246-937-100, circumstances have changed due to passage of chapter 191, Laws of 1996.

WAC 246-976-090 and 246-976-115, the RCW on which this rule was based has been amended, and circumstances have changed, therefore this rule is no longer necessary.

Citation of Existing Rules Affected by this Order: Chapter 246-171 WAC, Tuberculosis financial responsibility, 246-220-130 Radiation protection--General provisions: Appendix C--The international system of units (SI), 246-224-040 Radiation protection--Machine assembly and registration: Expiration of registration, 246-224-080 Radiation protection--Machine assembly and registration: Approval not implied, 246-225-99910 Radiation protection--X-rays in the healing arts: Appendix I--Good practice, 246-227-010 Radiation protection--Industrial x-ray--Scope, 246-229-010 Radiation protection--Particle accelerators--Registration requirements, 246-229-040 Radiation protection--Particle accelerators--General provisions, 246-293-310 Water System Coordination Act--Severability, 246-310-060 Certificate of need--Sanctions for violations, 246-310-135 Ethnic minority nursing home bed pool--Procedures, 246-310-630 Public access to records, 246-316-001 Boarding homes--Purpose and scope, 246-318-018 Hospitals--Hospital license to cover attached nursing home building--When permissible, 246-318-050 through 246-318-140, 246-318-340, 246-318-360 and 246-318-410, acute care hospitals, 246-318-430 and 246-318-435 Hospitals--Intravenous preparation and intravenous administration, 246-318-501 Hospitals--Legal authority of the department, 246-322-001 Private psych hospitals--Purpose and scope, 246-324-001 Private alcohol and chemical dependency hospitals--Purpose and scope, 246-325-001 Adult residential rehab centers and private adult treatment homes--Purpose and scope, 246-326-001 Alcoholism treatment facilities--Purpose, 246-327-001 Home health agencies--Scope and purpose, 246-328-150 Responsibility for maintaining mailing address on file with department, 246-329-001 Childbirth centers--Purpose, 246-331-001 Hospice agencies--Scope and purpose, 246-336-001 Home care agencies--Scope and purpose, chapter 246-510 WAC, Standards for community health clinics, 246-560-015 through 246-560-030, 246-560-080 through 246-560-120, Rural health system project--Guidelines for grant applications, 246-822-100 Cooperation with investigation, 246-822-140 Certification renewal, 246-830-220 to 246-830-280 Massage--Examination, 246-830-690 Cooperation with investigation, 246-834-350 Cooperation with investigation, 246-836-070 License renewal, 246-836-190 Postgraduate hours in study of mechanotherapy, 246-836-400 Cooperation with investigation, 246-841-710, 246-841-730, 246-841-740, 246-841-750 Disciplinary procedures--General provisions; Courts; State and federal agencies; and Cooperation with investigation, 246-843-158 Responsibility for maintaining mailing address on file with department, 246-933-170 and 246-933-980 Veterinarian--Cooperation with investigation, Veterinarian--License renewal, 246-935-125 Veterinarian--Animal technicians--License renewal, 246-937-100 Veterinarian--Medical clerks--License renewal, 246-976-090 and 246-976-115 EMS personnel--Continuing medical education--Units of learning; EMS training--Course coordinator--Responsibilities.

Statutory Authority for Adoption: RCW 43.70.040.

Adopted under preproposal statement of inquiry filed as WSR 97-14-056 and 97-14-061 on June 30, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 88.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

September 22, 1997

Bruce Miyahara