WSR 08-15-086

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 16, 2008, 5:35 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Chapter 246-826 WAC amends health care assistant rules by expanding the scope of practice to include oral, topical or nasal administration of vaccines as authorized by chapter 58, Laws of 2008 (SHB 2475), to make housekeeping changes, and eliminate sections that are no longer needed.

Hearing Location(s): Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on September 11, 2008, at 10:00 a.m.

Date of Intended Adoption: October 3, 2008.

Submit Written Comments to: Betty Moe, Department of Health, P.O. Box 47869, Olympia, WA 98504-7869, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4909, by September 11, 2008.

Assistance for Persons with Disabilities: Contact Betty Moe by September 4, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 58, Laws of 2008, allows health care assistants to administer vaccines with proper delegation and supervision. This can be done orally, topically, or by nasal administration. The decertification or disciplinary action rule is repealed because it is included in the Uniform Disciplinary Act, chapter 18.130 RCW. The grandfather clause rule is repealed because it no longer applies and is outdated.

Reasons Supporting Proposal: To implement chapter 58, Laws of 2008 (SHB 2475), that allows health care assistants to administer oral, topical or nasal vaccines. The exception process allows for housekeeping changes and repeal of outdated rules.

Statutory Authority for Adoption: RCW 18.135.030.

Statute Being Implemented: Chapter 18.135 RCW as amended by chapter 58, Laws of 2008.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Moe, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4912.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(e), a small business economic impact statement is not required for a proposed rule where the content of the rule is explicitly and specifically dictated by statute.

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)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

July 16, 2008

Mary C. Selecky

Secretary

OTS-1733.1


AMENDATORY SECTION(Amending Order 121, filed 12/27/90, effective 1/31/91)

WAC 246-826-030   Supervision of health care assistants.   A health care assistant may be supervised by either the ((practitioner who delegated the act)) delegator or by ((a)) another practitioner who ((could)) can order the act under his or her own license. The practitioner who is supervising the health care assistant must be physically present and immediately available in the facility during the administration of injections or vaccines. The supervising practitioner need not be present during procedures to withdraw blood.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-030, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.135.030. 85-06-018 (Order PL 515), 308-175-020, filed 2/25/85.]


AMENDATORY SECTION(Amending Order 224, filed 12/23/91, effective 1/23/92)

WAC 246-826-070   Maintenance of listing of drugs and functions authorized.   Each delegator must maintain a list of the specific medications((/)), diagnostic agents, or vaccines and the route of administration of each that he or she has authorized ((for injection)). Both the delegator and the delegatee shall sign and date the ((above)) list((, indicating the date of each signature)). The signed list shall be available for review by the secretary of the department of health or his/her designee.

[Statutory Authority: RCW 18.135.030. 92-02-018 (Order 224), 246-826-070, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-070, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.135.030. 85-06-018 (Order PL 515), 308-175-060, filed 2/25/85.]


AMENDATORY SECTION(Amending Order 224, filed 12/23/91, effective 1/23/92)

WAC 246-826-080   Medication ((and)), diagnostic agent, and vaccine list.   The list of specific medications, diagnostic agents, and vaccines, and the route of administration of each that has been authorized ((for injection pursuant to RCW 18.135.065)) shall be submitted to the secretary at the time of initial certification ((registration)) and again with every recertification ((registration)). If any changes occur which alter the list, a new list with the delegator and delegatee's signatures must be submitted to the department within thirty days of the change. All submitted lists will be maintained ((in)) by the department of health ((filed under the name of the certifying practitioner or facility and shall be available for review)).

[Statutory Authority: RCW 18.135.030. 92-02-018 (Order 224), 246-826-080, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.135.030. 87-23-022 (Order PM 689), 308-175-065, filed 11/12/87.]


AMENDATORY SECTION(Amending WSR 02-06-115, filed 3/6/02, effective 4/6/02)

WAC 246-826-100   Health care assistant classification.   ((Effective December 2001, there are seven categories of health care assistants:)) There are seven categories of health care assistants. All categories may administer vaccines with appropriate delegation and supervision. This can be done by injection, orally, topically, or by nasal administration.

(1) Category A assistants may perform venous and capillary invasive procedures for blood withdrawal.

(2) Category B assistants may perform arterial invasive procedures for blood withdrawal.

(3) Category C assistants may perform intradermal, subcutaneous and intramuscular injections for diagnostic agents and administer skin tests.

(4) Category D assistants may perform intravenous injections for diagnostic agents.

(5) Category E assistants may perform intradermal, subcutaneous and intramuscular injections for therapeutic agents and administer skin tests.

(6) Category F assistants may perform intravenous injections for therapeutic agents.

(7) Category G assistants may perform hemodialysis.

[Statutory Authority: RCW 18.135.030 and 18.135.020. 02-06-115, 246-826-100, filed 3/6/02, effective 4/6/02. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-100, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.135.030. 87-23-022 (Order PM 689), 308-175-075, filed 11/12/87.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 246-826-090 Decertification or disciplinary actions.
WAC 246-826-190 Grandfather clause.

Washington State Code Reviser's Office