Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 246-105-040, the rule will make school and child care immunization requirements consistent with national standards by referencing the 2012 Advisory Committee on Immunization Practices' Recommended Childhood and Adolescent Immunization Schedule.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-105-040.

     Statutory Authority for Adoption: RCW 28A.210.140.

      Adopted under notice filed as WSR 12-10-011 on April 19, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: August 2, 2012.

Michelle A. Davis

Executive Director

OTS-4634.2

AMENDATORY SECTION(Amending WSR 11-05-060, filed 2/11/11, effective 3/14/11)

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, 2009,)) in the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States ((2008)) 2012"; as published in the Morbidity and Mortality Week Report (MMWR) ((2008;57(01))) 2012;61(05):Q1-4.

     (((b) Effective July 1, 2011, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2010"; as published in the Morbidity and Mortality Week Report (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. 11-05-060, § 246-105-040, filed 2/11/11, effective 3/14/11; 09-02-003, § 246-105-040, filed 12/26/08, effective 1/26/09.]