WSR 10-20-144

PROPOSED RULES

STATE BOARD OF HEALTH


[ Filed October 5, 2010, 4:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-16-105.

Title of Rule and Other Identifying Information: WAC 246-105-040 Requirements based on national immunization guidelines.

Hearing Location(s): State Board of Health Meeting, Shoreline Conference Center, 18560 1st Avenue N.E., Shoreline, WA 98155, on November 10, 2010, at 1:55 p.m.

Date of Intended Adoption: November 10, 2010.

Submit Written Comments to: Jeff Wise, Washington State Department of Health, P.O. Box 47843, Olympia, WA 98504-7843, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-5390, by November 1, 2010.

Assistance for Persons with Disabilities: Contact Desiree Robinson by November 1, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will update the Reference to the advisory committee on immunization practices' (ACIP) recommended childhood and adolescent immunization schedule from the 2008 version to the 2010 version. The proposed effective date is July 1, 2011. The proposed change would require schools and child care centers to follow the 2010 ages and intervals recommendations for vaccine-preventable diseases listed in the rule during the 2011-2012 school year. Minor changes to the ages and intervals of polio vaccine would result: (1) The minimum interval between the third and fourth dose is changed from four weeks to six months, and (2) clarification that the fourth dose must be given on or after a child's fourth birthday. There are no other changes to any other required vaccinations.

Reasons Supporting Proposal: This proposal is necessary to maintain consistency between the national immunization standards as set by the ACIP and Washington state school and child care immunization requirements.

Statutory Authority for Adoption: RCW 28A.210.140.

Statute Being Implemented: RCW 28A.210.140.

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

Name of Proponent: Washington state board of health, governmental.

Name of Agency Personnel Responsible for Drafting: Jeff Wise, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3483; Implementation and Enforcement: Janna Bardi, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3568.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jeff Wise, Washington State Department of Health, P.O. Box 47843, Olympia, WA 98504, phone (360) 236-3483, fax (360) 236-3590, e-mail jeff.wise@doh.wa.gov.

October 5, 2010

Craig McLaughlin

Executive Director

OTS-3485.1


AMENDATORY SECTION(Amending WSR 09-02-003, filed 12/26/08, effective 1/26/09)

WAC 246-105-040   Requirements based on national immunization guidelines.   The department shall develop and distribute implementation guidelines for schools and child care centers that are consistent with the national immunization guidelines described in this section and the requirements in WAC 246-105-090.

(1) Unless otherwise stated in this section, a child must be vaccinated against each vaccine-preventable disease listed in WAC 246-105-030 at ages and intervals according to the following published national immunization guidelines:

(a) ((Effective July 1, 2008, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2007"; as published in the Morbidity and Mortality Weekly Report (MMWR), 2007;55(51 and 52):Q1-4.

(b))) Effective July 1, 2009, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States 2008"; as published in MMWR 2008;57(01):Q1-4.

(b) Effective July 1, 2011, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2010"; as published in MMWR, 2010;58(51 and 52):Q1-4.

(2) In addition to the ages and intervals required by subsection (1) of this section, the following vaccine administration guidelines shall apply. Schools and child care centers may accept one of the following as proof of a child's immunization status against varicella:

(a) Documentation on the CIS form that the child received age appropriate varicella vaccine; or

(b) Diagnosis or verification of a history of varicella disease by a health care provider; or

(c) Diagnosis or verification of a history of herpes zoster by a health care provider; or

(d) Serologic proof of immunity against varicella; or

(e) Documentation by the parent that a child has a history of varicella. This type of proof will be accepted only for certain grade levels described in the department's implementation guidelines according to WAC 246-105-090(2).

[Statutory Authority: RCW 28A.210.140. 09-02-003, 246-105-040, filed 12/26/08, effective 1/26/09.]

Washington State Code Reviser's Office