WSR 12-10-011

PROPOSED RULES

STATE BOARD OF HEALTH


[ Filed April 19, 2012, 3:25 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-105-040 Requirements based on national immunization guidelines, updating the reference of the advisory committee on immunization practices to the 2012 schedule.

Hearing Location(s): Department of Health, Point Plaza East, Rooms 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on June 13, 2012, at 1:30 p.m.

Date of Intended Adoption: June 13, 2012.

Submit Written Comments to: Jeff Wise, Washington State Department of Health, Office of Immunization and Child Profile, P.O. Box 47843, Tumwater, WA 98504-7843, web site https://fortress.wa.gov/doh/policyreview/, fax (360) 236-5390, by June 1, 2012.

Assistance for Persons with Disabilities: Contact Desiree Robinson by June 6, 2012, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would update the reference to the advisory committee on immunization practices (ACIP) recommended childhood and adolescent immunization schedule from the 2010 version to the 2012 version. With this change, the only vaccine required for school entry affected by the update in schedule is Tdap, an adolescent vaccine protecting against tetanus, diphtheria and pertussis. Under this proposal: (1) Children could receive Tdap regardless of when they previously received a diphtheria-, tetanus-, or pertussis-containing vaccine, and (2) children as young as seven years of age could receive Tdap vaccine if they are undervaccinated against pertussis. A single dose of Tdap would still [be] routinely require[d] for entry into grade six. Child care centers would not be affected.

Reasons Supporting Proposal: This rule revision is necessary to maintain consistency between the national immunization standards as set by the ACIP and Washington state school and child care immunization entry requirements.

Statutory Authority for Adoption: RCW 28A.210.140.

Statute Being Implemented: RCW 28A.210.140.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state board of health, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Jeff Wise, 101 Israel Road S.E., Tumwater, WA, 98501, (360) 236-3483; and Enforcement: Janna Bardi, 101 Israel Road S.E., Tumwater, WA, 98501, (360) 236-3568.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference - without material change - federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference without material change federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.

April 19, 2012

Michelle A. Davis

Executive Director

OTS-4634.2


AMENDATORY SECTION(Amending WSR 11-05-060, filed 2/11/11, effective 3/14/11)

WAC 246-105-040   Requirements based on national immunization guidelines.   The department shall develop and distribute implementation guidelines for schools and child care centers that are consistent with the national immunization guidelines described in this section and the requirements in WAC 246-105-090.

(1) Unless otherwise stated in this section, a child must be vaccinated against each vaccine-preventable disease listed in WAC 246-105-030 at ages and intervals according to the ((following published)) national immunization guidelines((:

(a) Effective July 1, 2009,)) in the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States ((2008)) 2012"; as published in the Morbidity and Mortality Week Report (MMWR) ((2008;57(01))) 2012;61(05):Q1-4.

(((b) Effective July 1, 2011, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2010"; as published in the Morbidity and Mortality Week Report (MMWR), 2010;58(51 and 52):Q1-4.))

(2) In addition to the ages and intervals required by subsection (1) of this section, the following vaccine administration guidelines shall apply. Schools and child care centers may accept one of the following as proof of a child's immunization status against varicella:

(a) Documentation on the CIS form that the child received age appropriate varicella vaccine; or

(b) Diagnosis or verification of a history of varicella disease by a health care provider; or

(c) Diagnosis or verification of a history of herpes zoster by a health care provider; or

(d) Serologic proof of immunity against varicella; or

(e) Documentation by the parent that a child has a history of varicella. This type of proof will be accepted only for certain grade levels described in the department's implementation guidelines according to WAC 246-105-090(2).

[Statutory Authority: RCW 28A.210.140. 11-05-060, 246-105-040, filed 2/11/11, effective 3/14/11; 09-02-003, 246-105-040, filed 12/26/08, effective 1/26/09.]

Washington State Code Reviser's Office