WSR 20-15-167
EXPEDITED RULES
DEPARTMENT OF HEALTH
[Filed July 22, 2020, 11:46 a.m.]
Title of Rule and Other Identifying Information: WAC 246-922-070 (podiatric physicians) AIDS prevention and information education requirements. The podiatric medical board (board) is considering repealing WAC 246-922-070 as required by ESHB 1551 modernizing the control of certain communicable diseases (chapter 76, Laws of 2020).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESHB 1551 requires the board to repeal rules that require HIV/AIDS education and training as a condition for licensure.
Section 22(11) of ESHB 1551 repeals RCW 70.24.270 Health professionalsRules for AIDS education and training. This repeal no longer requires health professionals to obtain AIDS education and training. As a result, the board proposes to repeal the requirement for AIDS training in WAC 246-922-070.
The intent of ESHB 1551 is to help reduce stigma toward people living with HIV/AIDS by not singling out AIDS as an exceptional disease requiring special training and education separate from other communicable health conditions.
Reasons Supporting Proposal: When Washington adopted statutes concerning AIDS, very little was known about the disease compared to today. Now, AIDS is very treatable and preventable. In 2014, Governor Inslee issued a proclamation which included efforts to reduce stigma, which included updating state law. ESHB 1551 repeals statutes concerning AIDS education and training for emergency medical personnel, health professionals, and health care facility employees, which helps reduce stigma towards people living with HIV/AIDS by not singling out AIDS as an exceptional disease that requires specific training and education separate from other communicable health conditions.
Statutory Authority for Adoption: RCW 18.22.015.
Statute Being Implemented: Chapter 76, Laws of 2020, ESHB 1551.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state podiatric medical board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Gragg, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4941.
This notice meets the following criteria to use the expedited repeal process for these rules:
The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: ESHB 1551 repeals RCW 70.240.270, which requires the podiatric medical board to also repeal a rule to implement the bill.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Susan Gragg, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-246-4941, fax 360-236-2901, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY October 5, 2020.
June 11, 2020
Randy Spaulding
Chair
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 246-922-070
AIDS prevention and information education requirements.