AGENDA
STATE BOARD OF HEALTH
Rules Agenda
This agenda is for information purposes, and the noted dates of anticipated rule-making actions are estimates. Governor Gregoire signed an Executive Order (EO) 10-06 on November 17, 2010, directing agencies under her jurisdiction to suspend noncritical rule development and adoption activities. The department has reviewed the rule development projects underway to determine if any rules meet the criteria.
Any errors in this agenda do not affect the rules and rule-making notices filed with the office of the code reviser and published in the Washington State Register. There may be additional DOH rule-making activities that cannot be forecasted as the department initiates rule making to implement new state laws, meet federal requirements, or meet unforeseen circumstances. See the "Key" at the end of the tables for explanations of terms and acronyms.
Rule Making
| RCW or Session Law | Authority | WAC and Rule Title | CR-101 Filing WSR # and Date | CR-102 Filing WSR # and Date | CR-105 Filing WSR # and Date | CR-103 Filing WSR # and Date | Program Staff Contact |
| RCW 43.20.050(2) | State board of health | WAC 246-290-460 Fluoridation of drinking water, revises the fluoride concentration in Group A public water systems that choose to fluoridate under RCW 57.08.012. | 11-11-046 5/13/11 | Anticipate
filing 12/11 Requested by regulated community to protect public health. |
Ned Therien (360) 236-4103 |
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| RCW 43.20.050 | State board of health | Chapter 246-272A WAC, On-site sewage systems. This rule making will explore creation of a process for the approval and state registration of drain field remediation technologies. The state board of health does not currently regulate remediation technologies. | 06-12-108 6/7/06 | Suspended until 2012 due to EO 10-06. | Stuart Glasoe (360) 236-3246 |
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| RCW 43.20.050 | State board of health | Chapter 246-291 WAC, Group B public water supplies. | 07-14-147 7/5/07 | Anticipate
filing 1/12 Rule necessary to assist department of health manage a budget shortfall and protect public health. |
Theresa Phillips (360) 236-3147 |
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| RCW 43.20.050 | State board of health | Chapter 246-390 WAC, Drinking water laboratory certification. | 06-23-077 11/13/06 | Suspended until 2012 due to EO 10-06. | Theresa Phillips (360) 236-3147 |
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| RCW 43.20.050 | State board of health (delegated to department of health) | Chapter 246-290 WAC, Group A public water supplies -- Lead and copper. | 09-15-040 7/8/09 | 11-12-033 5/25/11 | Anticipate
filing 9/11 Rule necessary to meet federal requirements; benefit to regulated community; protect public health. |
Theresa Phillips (360) 236-3147 |
|
| RCW 70.62.240 | State board of health | Chapter 246-360 WAC, Transient accommodations. | 07-14-148 7/5/07 | Suspended until 2012 due to EO 10-06. | John Hilger (360) 236-2929 |
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| RCW 70.83.050 | State board of health | Chapter 246-650 WAC, add severe combined immune deficiency to the list of mandatory newborn screenings. | Anticipate
filing
10/11 Rule necessary to protect public health. |
Michael Glass (206) 418-5470 | |||
| RCW 43.20.050 and 43.20.145 | State board of health | Chapter 246-215 WAC, Food service. | 10-04-068 1/29/10 | Anticipate
filing 3/12 Rule continuation requested by regulated community. Necessary to protect public health. |
Joe Graham (360) 236-3305 |
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| RCW 69.30.030 and 43.20.030 | State board of
health and department of health (joint rule revision) |
WAC 246-282-012 Certificates of approval -- Operation licenses, harvest site certificates (shellfish license renewal date change for shellstock shippers and shucker packers) and WAC 246-282-990 Fees. | 11-13-122 6/22/11 | Anticipate
filing 9/11 Rule necessary to manage budget shortfall; protect public health; benefit to regulated community. |
Brandy Brush (360) 236-3342 | ||
| RCW 43.20.050, 70.119A.080 | State board of health | WAC 246-203-103 Keeping of animals. | 09-17-132 8/19/09 | Suspended until 2012 due to EO 10-06 | Ned Therien (360) 236-4103 |
| RCW or Session Law | Authority | WAC and Rule Title | CR-101 Filing WSR # and Date | CR-102 Filing WSR # and Date | CR-105 Filing WSR # and Date | CR-103 Filing WSR # and Date | Program Staff Contact |
| RCW 18.35.161 | Board of hearing and speech | WAC 246-828-XXX Prohibiting the use of the title "Audioprosthologist." | 09-11-116 5/20/09 |
Suspended until 2012 due to EO 10-06 | Janette Benham (360) 236-4857 |
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| HB 1181 (chapter 41, Laws of 2011) and SSB 5152 (chapter 40, Laws of 2011) | Board of naturopathy | Chapter 246-836 WAC, Naturopathic physicians, amending to create the board of naturopathy and update the scope of practice. | Anticipate
filing 8/24/11 Rules are necessary to implement state law. |
Sue Gragg (360) 236-4941 |
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| RCW 18.52.071 | Board of nursing home administrators | WAC 246-843-010, 246-843-070, 246-843-071, 246-843- 073, 246-843-090, 246-843-093, 246-843-095, 246-843-230 and 246-843-231, application for initial license and endorsement. | 06-12-109 6/7/06 |
Suspended until 2012 due to EO 10-06 | Kendra Pitzler (360) 236-4723 |
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| ESSB 5708 (chapter 366, Laws of 2011) | Board of nursing home administrators | Chapter 246-843 WAC, Nursing home administrators, amending to adopt rules defining parameters for on-site full-time administrators with small resident populations when the home has converted some of its licensed beds for assisted living. | Anticipate filing 9/21/11 Rules are necessary to implement state law. |
Kendra Pitzler (360) 236-4723 |
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| RCW 18.54.070 | Board of optometry | WAC 246-851-XXX Optometry multicultural education. | 10-05-060 2/11/10 |
10-21-104 10/20/10 Hearing was cancelled on 12/3/10 Suspended until 2012 due to EO 10-06 |
Judy Haenke (360) 236-4947 |
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| RCW 18.64.005 | Board of pharmacy | Chapter 246-886 WAC, Animal control -- Legend drug sodium pentobarbital. | 09-11-049 5/13/09 |
Anticipate
filing 9/11 Rule requested by regulated entity. |
Doreen Beebe (360) 236-4834 |
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| RCW 18.64.005, 18.64.165 | Board of pharmacy | New chapter 246-874 WAC, Pharmaceutical services -- Correctional facilities, the board of pharmacy is considering developing rules that will establish minimum enforceable requirements specifically for Washington correctional facilities in safe handling, storage, recordkeeping and administration of pharmaceuticals. | 07-14-145 7/5/07 |
Anticipate
filing 10/11 Rule is necessary to protect public health, safety, and welfare. |
Kitty Slater (360) 236-4861 |
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| HB 1353 (chapter 71, Laws of 2011) | Board of pharmacy | Chapter 246-901 WAC, Pharmacy ancillary personnel, amending to add continuing education requirements. | Anticipate
filing 8/24/11 Rules are necessary to implement state law. |
Kitty Slater (360) 236-4861 |
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| RCW 69.43.165 | Board of pharmacy | Chapter 246-889 WAC, amending to establish a statewide real-time electronic methamphetamine precursor tracking system for retail sales of over-the-counter medications containing ephedrine, pseudoephedrine, or phenylpropanolamine. | 10-13-174 9/23/10 |
11-14-048 6/28/11 |
Anticipate filing 10/11 Rules are necessary to implement state law. |
Doreen Beebe (360) 236-4834 |
|
| RCW 18.64.005 | Board of pharmacy | WAC 246-887-100, amending to add synthetic cannabinoids and substituted cathinones to the Schedule 1 controlled substance list. | 11-12-005 5/19/11 |
Anticipate filing 8/3/11 Rules are necessary to protect public health. |
Kitty Slater (360) 236-4861 |
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| RCW 18.25.0171 | Chiropractic quality assurance commission | WAC 246-808-180 Expired licenses. | Anticipate
filing 9/11 Rule is necessary to protect public health, safety, and welfare. |
Leann Yount (360) 236-4856 |
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| RCW 18.25.0171 | Chiropractic quality assurance commission | WAC 246-808-150 Continuing education. | 09-09-031 4/7/09 |
Suspended until 2012 due to EO 10-06 | Leann Yount (360) 236-4856 |
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| RCW 18.25.0171, 18.130.050 (1) and (12) | Chiropractic quality assurance commission | WAC 246-808-550 Future care contracts prohibited, revising the current rule to clarify the requirements for future care contracts. | 10-06-017 2/22/10 |
Suspended until 2012 due to EO 10-06 | Leann Yount (360) 236-4856 |
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| RCW 18.32.040, 18.130.064 | Dental quality assurance commission | WAC 246-817-310 and 246-817-XXX, maintenance and retention of dental records and dental treatment records. | 09-13-097 6/17/09 |
Suspended until 2012 due to EO 10-06 | Jennifer Santiago (360) 236-4893 |
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| RCW 18.36A.060 | Department of health | WAC 246-836-010 and 246-836-210, amending existing sections and adding a new section to naturopathic physician rules to identify nonsurgical cosmetic procedures within scope of practice. | 10-15-098 7/20/10 |
Suspended until 2012 due to EO 10-06 | Susan Gragg (360) 236-4941 |
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| RCW 18.36A.060 | Department of health | WAC 246-836-080 Continuing competency program requirements for naturopathic physicians. | 08-17-041 8/14/08 |
Suspended until 2012 due to EO 10-06 | Susan Gragg (360) 236-4941 |
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| RCW 18.84.040 | Department of health | WAC 246-926-180, amending the parenteral procedures for radiologic technologists. | 10-15-101 7/20/10 |
Suspended until 2012 due to EO 10-06 | Susan Gragg (360) 236-4941 |
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| SHB 2430 (Chapter 92, Laws of 2010) | Department of health | Chapter 246-926 WAC, establishing licensure requirements for cardiovascular invasive specialists. | 10-19-035 9/9/10 |
Anticipate filing 10/11 Rules are necessary to implement state law. |
Sue Gragg (360) 236-4941 |
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| RCW 18.19.050, 18.19.020 | Department of health | WAC 246-810-010, 246-810-016, tribes recognized as an agency for agency affiliated counselors. | Anticipate
filing 8/11 Rule required by 2011 state law (HB 1939). |
Anticipate filing 10/11 | Leann Yount (360) 236-4856 |
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| RCW 18.36A.060 and 18.36A.100 | Department of health | Chapter 246-836 WAC, amending accreditation requirements for naturopathic medical educational institutions. | 10-15-097 7/20/10 |
Suspended until 2012 due to EO 10-06 | Susan Gragg (360) 236-4941 |
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| RCW 43.70.040, 70.38.135 |
Department of health | WAC 246-310-XXX Hospital acute care bed methodology. | 09-16-118 8/4/09 |
Suspended until 2012 due to EO 10-06 | John Hilger (360) 236-2929 |
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| RCW 43.70.040 | Department of health | Chapter 246-824 WAC,
Dispensing
opticians, to
allow for
military training
and experience
towards
licensure. (SSB 5307, 2011) |
Anticipate
filing 8/11 Rule required by state law. |
Judy Haenke (360) 236-4947 |
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| RCW 43.70.120
and 7 C.F.R. 246 |
Department of health | WAC 246-790-010 through 246-790-130, women, infant, and children's nutrition program authorized retailers. | 10-14-093 7/6/10 |
Anticipate
filing 8/11 Rule beneficial to or requested or supported by the regulated entities. |
Peter Gayton (360) 236-3788 |
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| RCW 43.70.235 | Department of health | Chapter 246-306 WAC, Certification of independent review organizations. | 11-15-004 7/6/11 Rule making is required by federal law. |
Anticipate filing 8/11 | Anticipate filing 11/11 | Sherry Thomas (360) 236-4612 |
|
| Chapter 70.185 RCW | Department of health | Chapter 246-562 WAC, J-1 physician visa waiver regulations. | 08-14-077 6/26/08 |
Anticipate
filing 9/11 Rule required by federal law; benefits regulated entities. |
HSQA - Jennell
Prentice (360) 236-2814 |
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| Chapter 70.225 RCW | Department of health | TITLE 246 WAC, adding new chapter for prescription monitoring program (PMP). | 08-15-085 7/16/08 |
11-11-097 5/18/11 |
Anticipate
filing 8/11 Rule required by state law. |
Chris Baumgartner (360) 236-4808 |
|
| SHB 1304 (Chapter 70, Laws of 2011) |
Department of health | Chapter 246-826 WAC, Health care assistants, amending to limit administration of certain drugs to category C and E. | Anticipate filing 9/7/11 Rules are necessary to implement state law. |
Erin Obenland (360) 236-4945 |
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| RCW 43.70.040, 70.38.135 | Department of health | WAC 246-310-XXX, revising and updating the certificate of need adjudicative proceeding rules. | Anticipate
filing 2012 |
John Hilger (360) 236-2929 |
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| HB 1548 (chapter 31, Laws of 2011) | Department of health | Chapter 246-980 WAC, Home care aid, amending to delay registration requirements. | Anticipate filing 5/12 |
Kendra Pitzler (360) 236-4723 |
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| E2SSB 5073 (chapter 181, Laws of 2011) | Department of health | Chapter 246-75 WAC, repealing medical marijuana rule. | Anticipate
filing
8/24/11 Rule is no longer necessary because of change in state law. |
Kris Reichl (360) 236-4985 |
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| Chapter 70.54 RCW | Department of health | Chapter 246-102 WAC, Cancer registry. | 09-15-186 7/22/09 |
Anticipate
filing 8/11 Rule required by federal law. |
Barbara
Weatherby (360) 236-3682 |
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| RCW 70.119.050 | Department of health | Chapter 246-292 WAC, Waterworks operator certification. | 09-21-043 10/13/09 |
Anticipate
filing 1/12 Rule necessary to implement legislation, and is a benefit to regulated community. |
Theresa Phillips (360) 236-3147 |
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| RCW 70.119A.170 | Department of health | Chapter 246-296 WAC, Drinking water state revolving fund loan program (DWSRF). | 11-03-021 1/7/11 |
Anticipate
filing 9/11 Rule is necessary to meet federal requirements; benefit to regulated community; replaces emergency rules. |
Theresa Phillips (360) 236-3147 |
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| RCW 70.98.050 | Department of health | Chapter 246-255A WAC , Dental X-ray radiation safety and diagnostic imaging quality standards. | 09-16-141 8/5/09 |
11-12-026 5/24/11 |
Anticipate
filing 8/11 Benefit to regulated community. |
Traci Black (360) 236-3259 |
|
| RCW 70.98.050 | Department of health | Chapter 246-247 WAC, Radiation protection -- Air emission. | 05-12-140 6/1/05 |
Suspended until 2012 due to EO 10-06 | Traci Black (360) 236-3259 |
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| RCW 70.98.085 | Department of health | WAC 246-254-130, Radioactive waste disposal site surveillance fee. | Anticipate
filing 9/11 Rule necessary to assist department of health manage a budget shortfall. |
Traci Black (360) 236-3259 |
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| RCW 18.71.017, 18.130.050, and 18.71.430 | Medical quality assurance commission | WAC 246-919-430 Physicians and 246-918-XXX Physician assistants, requiring additional practice information at renewal. | 09-14-114 6/30/09 |
10-21-098 6/30/09 |
Suspended until 2012 due to EO 10-06 | Julie Kitten (360) 236-2757 |
|
| RCW 18.59.090, 18.130.050 | Occupational therapy practice board | WAC 246-847-030 Occupational therapists acting in a consulting capacity, 246-847-055 Initial application for individuals who have not practiced within the past four years, 246-847-068 Expired license, 246-847-070 Inactive credential, 246-847-125 Applicants currently licensed in other states or territories, and 246-847-XXX Renewal for those that have not practiced in four years. | 08-15-088 7/17/08 |
Suspended until 2012 due to EO 10-06 | Janette Benham (360) 236-4857 |
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| Chapter 18.59 RCW | Occupational therapy practice board | Chapter 246-847 WAC, Wound care treatment by occupational therapist. | Anticipate filing 9/11 Rule required by 2011 state law (SSB 5018). |
Janette Benham (306) 236-4857 |
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| RCW 18.22.015, 18.130.050 | Podiatric medical board | WAC 246-922-010 Definitions, adding new sections to chapter 246-922 WAC to establish standards for prescribing orthotic devices by podiatrists. | 07-16-140 8/1/07 |
Suspended until 2012 due to EO 10-06 | Erin Obenland (360) 236-4945 |
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| RCW 18.92.030 | Veterinary board of governors | WAC 246-933-460 Courses approved by the veterinary board, amending the list of approved organizations. | 10-13-095 6/16/10 |
10-21-081 10/19/10 |
Suspended until 2012 due to EO 10-06 | Judy Haenke (360) 236-4947 |
CR-101 is a preproposal statement of inquiry filed under RCW 34.05.310.
CR-102 is a proposed rule-making notice filed under RCW 34.05.320 or 34.05.340.
Proposal is Exempt under RCW 34.05.310(4) means a rule that does not require the filing of a CR-101 notice under RCW 34.05.310(4).
CR-105 is an expedited rule-making notice filed under RCW 34.05.353. This is an accelerated rule adoption process with no public hearing required.
CR-103 is rule-making order permanently adopting a rule, and filed under RCW 34.05.360 and 34.05.380.
EMERGENCY rules are temporary rules filed under RCW 34.05.350 and 34.05.380 by using a CR-103 Rule-making order. Emergency rules may be used to meet certain urgent circumstances. These rules are effective for one hundred twenty days after the filing date, and may be extended in certain circumstances.
EO is the Executive Order 10-06 of 2010.
Blank cells in tables mean the anticipated filing date is not known at the time this rules agenda is filed.
TBD - To be determined is when a date is still being discussed.
RCW is the Revised Code of Washington.
WAC is the Washington Administrative Code.
WSR number is the Washington State Register official filing reference number given by the office of the code reviser when a notice is filed.