WSR 12-01-079

AGENDA

DEPARTMENT OF HEALTH

STATE BOARD OF HEALTH

[ Filed December 19, 2011, 3:20 p.m. ]


January 2012

Rules Agenda



     This report details current and anticipated rule-making activities for the department of health (DOH) (department) and the state board of health (SBOH). If you have any questions about this report or DOH rule-making activities, please contact Tami Thompson, regulatory affairs manager at (360) 236-4044 or tami.thompson@doh.wa.gov. If you have any questions about SBOH rule-making activities please contact Michelle Davis, executive director for SBOH at (360) 236-4105 or michelle.davis@doh.wa.gov.

     This agenda is for information purposes, and the noted dates of anticipated rule-making actions are estimates. Governor Gregoire signed an Executive Order (EO) 11-03 on October 11, 2011, directing agencies under her jurisdiction to continue to suspend noncritical rule development and adoption activities until the end of 2012.

     Any errors in this agenda do not affect the rules and rule-making notices filed with the office of the code reviser and published in the Washington State Register. There may be additional rule-making activities that cannot be forecasted as DOH or SBOH may initiate rule making to implement new state laws, meet federal requirements, or meet unforeseen circumstances. See the "Key" at the end of the tables for explanations of terms and acronyms.


State Board of Health

Rule Making



RCW or Session Law Authority WAC and Rule Title CR-101 Filing WSR # and Date CR-102 Filing

WSR # and Date

 CR-105 Filing WSR # and Date CR-103 Filing WSR # and Date Program Staff Contact
RCW 28A.210.140 SBOH Chapter 246-105 WAC, Immunizations of child care and school children against certain vaccine-preventable diseases. Anticipate filing before 6/2012.


Rule necessary to protect public health.

 Jeff Wise

(360) 236-3494
RCW 43.20.050(2) SBOH WAC 246-290-460 Fluoridation of drinking water, revises the fluoride concentration in Group A public water systems that choose to fluoridate under RCW 57.08.012. 11-11-046

5/13/11

 Anticipate filing

4/2012.


Requested by regulated community to protect public health.


Filing date pending federal action.

 Ned Therien

(360) 236-4103
RCW 43.20.050 SBOH Chapter 246-272A WAC, On-site sewage systems, this rule making will explore creation of a process for the approval and state registration of drain field remediation technologies. The SBOH does not currently regulate remediation technologies. 06-12-108 6/7/06 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Stuart Glasoe

(360) 236-3246
RCW 43.20.050 SBOH Chapter 246-291 WAC, Group B public water supplies. 07-14-147 7/5/07 Anticipate filing

4/2012.


Rule necessary to assist DOH manage a budget shortfall and protect public health.

 Theresa Phillips

(360) 236-3147
RCW 43.20.050 SBOH Chapter 246-390 WAC, Drinking water laboratory certification. 06-23-077 11/13/06 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Theresa Phillips

(360) 236-3147
RCW 70.62.240 SBOH Chapter 246-360 WAC, Transient accommodations. 07-14-148 7/5/07 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 John Hilger

(360) 236-2929
RCW 43.20.050 and 43.20.145 SBOH Chapter 246-215 WAC, Food service. 10-04-068

1/29/10

 Anticipate filing

5/2012.


Rule continuation requested by regulated community. Necessary to protect public health.

 Joe Graham

(360) 236-3305
RCW 43.20.050

70.119A.080

 SBOH WAC 246-203-103

Keeping of animals.

 09-17-132

8/19/09

 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Ned Therien

(360) 236-4103


Department of Health


RCW or Session Law Authority WAC and Rule Title CR-101 Filing WSR # and Date CR-102 Filing WSR # and Date CR-105 Filing WSR # and Date CR-103 Filing WSR # and Date Program Staff Contact
RCW 18.35.161 Board of hearing and speech WAC 246-828-XXX Prohibiting the use of the title "audioprosthologist." 09-11-116

5/20/09

 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Janette Benham

(360) 236-4857
HB 1181 (chapter 41, Laws of 2011) and SSB 5152 (chapter 40, Laws of 2011) Board of naturopathy Chapter 246-836 WAC, Naturopathic physicians, amending to create the board of naturopathy and update the scope of practice. 11-23-108

11/18/11


Rules are necessary to implement state law.

 Anticipate filing

3/2012.

 Sue Gragg

(360) 236-4941
RCW 18.52.071 Board of nursing home administrators WAC 246-843-010, 246-843-070, 246-843-071, 246-843-073, 246-843-090, 246-843-093, 246-843-095, 246-843-230 and 246-843-231, application for initial license and endorsement. 06-12-109 6/7/06 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Kendra Pitzler

(360) 236-4723
ESSB 5708 (chapter 366, Laws of 2011) Board of nursing home administrators Chapter 246-843 WAC, Nursing home administrators, amending to adopt rules defining parameters for on-site full-time administrators with small resident populations when the home has converted some of its licensed beds for assisted living. 11-19-012

9/7/11


Rules are necessary to implement state law.

 Anticipate filing 2/2012. Kendra Pitzler

(360) 236-4723
RCW 18.54.070 Board of optometry WAC 246-851-XXX

Optometry multicultural education.

 10-05-060

2/11/10

 10-21-104

10/20/10

hearing was cancelled on 12/3/10.


Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Judy Haenke

(360) 236-4947
RCW 18.64.005 Board of pharmacy Chapter 246-886 WAC, Animal control -- Legend drug sodium pentobarbital. 09-11-049

5/13/09

 Anticipate filing 4/2012.


Rule requested by regulated entity.

 Doreen Beebe

(360) 236-4834
RCW 18.64.005

18.64.165

 Board of pharmacy New chapter 246-874 WAC, Pharmaceutical services -- Correctional facilities, the board of pharmacy is considering developing rules that will establish minimum enforceable requirements specifically for Washington correctional facilities in safe handling, storage, recordkeeping and administration of pharmaceuticals. 07-14-145 7/5/07 Anticipate filing

4/2012.


Rule is necessary to protect public health, safety, and welfare.

 Kitty Slater

(360) 236-4861
HB 1353 (chapter 71, Laws of 2011) Board of pharmacy Chapter 246-901 WAC, Pharmacy ancillary personnel, amending to add continuing education requirements. 11-17-10 [11-17-101]

8/22/11


Rules are necessary to implement state law.

 Anticipate filing 2/2012. Kitty Slater

(360) 236-4861
RCW 18.25.0171 Chiropractic quality assurance commission WAC 246-808-180 Expired licenses. Anticipate filing 12/2011


Rule is necessary to protect public health, safety, and welfare.

 Leann Yount

(360) 236-4856
RCW 18.25.0171 Chiropractic quality assurance commission WAC 246-808-150

Continuing education.

 09-09-031

4/7/09

 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Leann Yount

(360) 236-4856
RCW 18.25.0171

18.130.050 (1) and (12)

 Chiropractic quality assurance commission WAC 246-808-550

Future care contracts prohibited, revising the current rule to clarify the requirements for future care contracts.

 10-06-017

2/22/10

 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Leann Yount

(360) 236-4856
RCW 18.32.040

18.130.064

 Dental quality assurance commission WAC 246-817-310 and 246-817-XXX, maintenance and retention of dental records and dental treatment records. 09-13-097

6/17/09

 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Jennifer Santiago

(360) 236-4893
RCW 18.84.040 DOH WAC 246-926-180, amending the parenteral procedures for radiologic technologists. 10-15-101

7/20/10

 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Susan Gragg

(360) 236-4941
SHB 2430 (chapter 92, Laws of 2010) DOH Chapter 246-926 WAC, establishing licensure requirements for cardiovascular invasive specialists. 10-19-035

9/9/10

 Anticipate

filing 12/2011.


Rules are necessary to implement state law.

 Sue Gragg

(360) 236-4941
RCW 43.70.040

70.38.135

 DOH WAC 246-310-XXX Hospital acute care bed methodology. 09-16-118

8/4/09

 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 John Hilger

(360) 236-2929
Chapter 70.185 RCW DOH Chapter 246-562 WAC, J-1 Physician visa waiver regulations. 08-14-077 6/26/08 Anticipate filing

4/2012.


Rule required by federal law; benefits regulated entities.

 HSQA - Jennell Prentice

(360) 236-2814
RCW 43.70.040

70.38.135

 DOH WAC 246-310-XXX

Revising and updating the certificate of need adjudicative proceeding rules.

 Anticipate filing

2013.


Continuing suspension until 2013 due to EO 11-03.

 John Hilger

(360) 236-2929
Chapter 18.88B RCW

Initiative 1163

 DOH Chapter 246-980 WAC, Home care aid, amending certification dates and the requirements for home care aides. Anticipate filing 1/2012.


Rules are necessary to implement state law.

 Kendra Pitzler

(360) 236-4723
E2SSB 5073 (chapter 181, Laws of 2011) DOH Chapter 246-75 WAC, repealing medical marijuana rule. 11-22-088

11/1/11


Rule is no longer necessary because of change in state law.

 Anticipate filing 2012. Kris Reichl

(360) 236-4985
RCW 70.119.050 DOH Chapter 246-292 WAC, Waterworks operator certification. 09-21-043

10/13/09

 Anticipate filing 8/2012.


Rule necessary to implement legislation, and is a benefit to regulated community.

 Theresa Phillips

(360) 236-3147
RCW 70.119A.170 DOH Chapter 246-296 WAC, Drinking water state revolving fund loan program (DWSRF). 11-03-021

1/7/11

 11-19-094

1/7/11

 Anticipate filing by

12/2011.


Rule is necessary to meet federal requirements; benefit to regulated community; replaces emergency rules.

 Theresa Phillips

(360) 236-3147
RCW 70.98.050 DOH Chapter 246-247 WAC, Radiation protection -- Air emission. 05-12-140 6/1/05 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Michelle Austin

(360) 236-3250
RCW 70.98.085 DOH WAC 246-254-130 Radioactive waste disposal site surveillance fee.


Rule necessary to assist department of health manage a budget shortfall.

 Anticipate filing

1/2012.

 Traci Black

(360) 236-3259
RCW 18.71.017

18.130.050

and 18.71.430

 Medical quality assurance commission WAC 246-919-430 (physicians) and 246-918-XXX (physician assistants), requiring additional practice information at renewal. 09-14-114

6/30/09

 10-21-098

6/30/2009.


Anticipate filing new CR-102 4/2012 as a result of SB 5480 passed in 2011.

 Julie Kitten

(360) 236-2757
RCW 18.59.090

18.130.050

 Occupational therapy practice board WAC 246-847-030 Occupational therapists acting in a consulting capacity, 246-847-055 Initial application for individuals who have not practiced within the past four years, 246-847-068 Expired license, 246-847-070 Inactive credential, 246-847-125 Applicants currently licensed in other states or territories and 246-847-XXX Renewal for those that have not practiced in four years. 08-15-088 7/17/08 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Janette Benham

(360) 236-4857
RCW 18.22.015

18.130.050

 Podiatric medical board WAC 246-922-010 Definitions, adding new sections to chapter 246-922 WAC to establish standards for prescribing orthotic devices by podiatrists. 07-16-140 8/1/07 Suspended until 2012 due to EO 10-06.


Continuing suspension until 2013 due to EO 11-03.

 Erin Obenland

(360) 236-4945
RCW 18.92.030 Veterinary board of governors WAC 246-933-460

Courses approved by the veterinary board, amending the list of approved organizations.

 10-13-095

6/16/10

 10-21-081

10/19/10

 Suspended until 2012 due to EO 10-06.

Continuing suspension until 2013 due to EO 11-03.

 Judy Haenke

(360) 236-4947
RCW 70.119A.110 DOH Chapter 246-294 WAC, Drinking water operating permits and 246-290-990 Water system evaluation and project review and approval fees. 11-22-089

11/1/11


Rules are necessary to manage budget shortfall.

 Anticipate filing by 2/2012. Theresa Phillips

(360) 236-3147
RCW 70.98.050

70.98.080(5)

 DOH WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions, 246-247-075 Monitoring, testing, and quality assurance, and 246-247-080 Inspections, reporting, and recordkeeping. 11-20-091

10/4/11


Rules are necessary to implement federal law.

 Anticipate filing by 12/2011. Theresa Phillips

(360) 236-3147
SHB 1575

(chapter 76, Laws of 2011)

2ESHB 1087

(chapter 50, Laws of 2011)

 DOH Chapter 246-330 WAC, Definition of ambulatory surgical facilities and fees. Anticipate filing 2/2012.


Necessary to manage budget shortfalls.

 Kris Reichl

(360) 236-4985
RCW 71.12.670 DOH Chapter 246-337 WAC, Residential treatment facilities. 10-17-119

8/18/10


Rules necessary to implement federal laws.

 Barb Runyon

(360) 236-2937
2ESHB 1087

(chapter 50, Laws of 2011)

 DOH WAC 246-314-990

Construction review services fees.

 Anticipate filing 1/2012.


Necessary to manage budget shortfalls.

 Bart Eggen

(360) 236-2960
2ESHB 1087

(chapter 50, Laws of 2011)

 DOH WAC 246-310-990

Certificate of need fees.

 Anticipate filing 2/2012.


Necessary to manage budget shortfalls.

 Bart Eggen

(360) 236-2960
2ESHB 1087

(chapter 50, Laws of 2011)

 DOH WAC 246-320-199, 246-322-990 and 246-324-990,

hospital fees.

 Anticipate filing 2/2012.


Necessary to manage budget shortfalls.

 Bart Eggen

(360) 236-2960
2ESHB 1087

(chapter 50, Laws of 2011)

 DOH WAC 246-335-990

In-home services fees.

 Anticipate filing 2/2012.


Necessary to manage budget shortfalls.

 Bart Eggen

(360) 236-2960


KEY


     CR means "code reviser" on the notice forms created by the office of the code reviser for use by all state agencies.

     CR-101 is a preproposal statement of inquiry filed under RCW 34.05.310.

     CR-102 is a proposed rule-making notice filed under RCW 34.05.320 or 34.05.340.

     Department means the department of health.

     Proposal is exempt under RCW 34.05.310(4) means a rule that does not require the filing of a CR-101 notice under RCW 34.05.310(4).

     CR-105 is an expedited rule-making notice filed under RCW 34.05.353. This is an accelerated rule adoption process with no public hearing required.

     CR-103 is [a] rule-making order permanently adopting a rule, and filed under RCW 34.05.360 and 34.05.380.

     EMERGENCY rules are temporary rules filed under RCW 34.05.350 and 34.05.380 by using a CR-103 Rule-making order. Emergency rules may be used to meet certain urgent circumstances. These rules are effective for one hundred twenty days after the filing date, and may be extended in certain circumstances.

     EO is the Executive Order 10-06 of 2010.

     EO is the Executive Order 11-03 of 2011.

     Blank cells in tables mean the anticipated filing date is not known at the time this rules agenda is filed.

     TBD - To be determined is when a date is still being discussed.

     RCW is the Revised Code of Washington.

     SBOH means the state board of health.

     WAC is the Washington Administrative Code.

     WSR number is the Washington State Register official filing reference number given by the office of the code reviser when a notice is filed.

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