WSR 09-24-100

WITHDRAWAL OF
EXPEDITED RULE MAKING

STATE BOARD OF HEALTH


[ Filed December 1, 2009, 4:58 p.m. ]

     This serves as notice that the Washington state board of health is withdrawing the CR-105 Expedited rule making for WAC 246-105-040. The notice was filed September 2, 2009, and published as WSR 09-18-124. The original proposal was to update the reference to national immunization guidelines as they relate to Washington state school and child care center immunizations against certain vaccine preventable diseases.

     Within forty-five days after the publication of WSR 09-18-124, the board received a letter objecting to expedited rule making and requesting a hearing so that members of the public could speak to issues of vaccine safety.

     WAC 246-105-040 references the advisory committee on immunization practice (ACIP) schedule to establish "ages and intervals" -- in other words, when children should get their doses -- for vaccines against preventable diseases that are listed elsewhere in the rule. The proposal to reference the 2009 schedule rather than the 2008 schedule would have clarified the rule without changing its effect.

     Additional changes to the ACIP schedule are expected in January 2010. If the board were to prepare a CR-102 Notice of rule making and related documents, file the notice, and then schedule a hearing at least twenty days after publication, it would end up holding a hearing on whether to adopt the 2009 schedule by reference after the 2010 schedule had been published. This could be confusing for health care providers, school employees, and parents, and would be an unnecessary expenditure of state resources. For these reasons, the board has chosen to withdraw the CR-105 for WAC 246-105-040.

Craig McLaughlin

Executive Director

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