PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: The subject of possible rule making relates to WAC 246-490-040 Handling and care of human remains, 246-490-050 Transportation of human remains, and 246-490-060 Cremated remains.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During the 2005 legislative session, the legislature passed SSB 5752 (chapter 365, Laws of 2005), updating numerous sections of the law affecting the business and regulatory practices for funeral directors and cemeteries. The law was updated to reflect current practice. One of the updates changes the timeline for handling human remains by funeral directors. State Board of Health (SBOH) rules need to be changed to be consistent with the statute and to reflect current practices. In addition the board may consider moving the rules related to the handling of human remains into a single, dedicated rules chapter.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of Licensing (DOL) licenses funeral home directors, and was the lead state agency on the legislation which requires SBOH to update chapter 246-490 WAC. SBOH and Department of Health (DOH) will include DOL during the rule development process to ensure consistency between DOL and SBOH rules.
Process for Developing New Rule: A collaborative rule-making process will be used. SBOH and DOH staff will work with DOL, funeral homes, and other interested parties during rule development. Input will be solicited through mailings.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ned Therien, Health Policy Analyst, Washington State Board of Health, P.O. Box 7990, Olympia, WA 98504-7990, Ned.Therien@doh.wa.gov; or Phillip [Philip] Freeman, Manager Statistical Services Center for Health Statistics, Washington State Department of Health, P.O. Box 7814, Olympia, WA 98504-7814, Philip.Freeman@doh.wa.gov.
August 15, 2005
Craig McLaughlin
Executive Director