WSR 04-15-148

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed July 21, 2004, 10:40 a.m. ]

     Subject of Possible Rule Making: WAC 246-100-166 immunizations of childcare and school children against certain vaccine preventable diseases.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050, 28A.210.070, 28A.080 [28A.210.080], 28A.210.100.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 246-100-166 requires children to be vaccinated against specific diseases. In the past, the State Board of Health (SBOH) has modified this list of diseases on a case-by-case basis. The SBOH, with the assistance of the Department of Health (DOH), proposes to adopt a set of criteria to evaluate

The current list of mandated antigens for school entry;
New vaccines that may be considered for inclusion into WAC 246-100-166.
     On May 12, 2004, the SBOH approved the creation of an advisory group to recommend criteria.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Superintendent of Public Instruction, under RCW 28A.210.150 and WAC 382-182-020, provides procedures for schools to verify immunization status of students transferring from one school to another before actual immunization records are received. The State Board of Education under RCW 28A.210.160 and WAC 180-38-005 sets procedural and substantive due process requirements governing exclusion of students for failure to comply with immunization requirements. The Department of Social and Health Services sets immunization requirements for children in licensed day care settings under chapter 74.15 RCW and WAC 388-150-220. SBOH and DOH will work with these agencies to assure they have opportunities to review any proposed changes in immunization requirements.

     Process for Developing New Rule: Collaborative rule making.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tara Wolff, Washington State Board of Health, P.O. Box 7990, Olympia, WA 98504, phone (360) 236-4101, fax (360) 236-4088, e-mail Tara.Wolff@doh.wa.gov; or Karen Arbogast, Immunizations Program, Washington State Department of Health, P.O. Box 47830, Olympia, WA 98504, phone (360) 236-3730, e-mail Karen.Arbogast@doh.wa.gov.

July 20, 2004

Craig McLaughlin

Acting Executive Director

Legislature Code Reviser 

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