WSR 14-16-092
EXPEDITED RULES
PROFESSIONAL EDUCATOR
STANDARDS BOARD
[Filed August 5, 2014, 1:50 p.m.]
Title of Rule and Other Identifying Information: Amends WAC 181-87-055 to comply with statute changes related to marijuana (Initiative Measure 502, 2012) and the state board of pharmacy name change to the pharmacy quality assurance commission (HB 1609, chapter 19, Laws of 2013).
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO David Brenna, Professional Educator Standards Board (PESB), 600 Washington Street South, Room 400, Olympia, WA 98504, AND RECEIVED BY October 7, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Initiative and session law changes.
Reasons Supporting Proposal: Statutory.
Statutory Authority for Adoption: RCW 28A.410.210.
Statute Being Implemented: Initiative 502 (2012) and HB 1609 (2013).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: PESB, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Brenna, 600 Washington Street South, Olympia, WA 98504, (360) 725-6238.
August 6 [5], 2014
David Brenna
Senior Policy Analyst
AMENDATORY SECTION (Amending WSR 06-02-051, filed 12/29/05, effective 1/1/06)
WAC 181-87-055 Alcohol or controlled substance abuse.
Unprofessional conduct includes:
(1) Being under the influence of alcohol, marijuana or of a controlled substance, as defined in chapter 69.50 RCW, on school premises or at a school-sponsored activity involving students, following:
(a) Notification to the education practitioner by his or her employer of concern regarding alcohol or substance abuse affecting job performance;
(b) A recommendation by the employer that the education practitioner seek counseling or other appropriate and available assistance; and
(c) The education practitioner has had a reasonable opportunity to obtain such assistance.
(2) The possession, use, or consumption on school premises or at a school sponsored activity of a Schedule 1 controlled substance, as defined by the state ((board of)) pharmacy quality assurance commission, or a Schedule 2 controlled substance, as defined by the state ((board of)) pharmacy quality assurance commission, without a prescription authorizing such use.
(3) The consumption of an alcoholic beverage on school premises or at a school sponsored activity involving students if such consumption is contrary to written policy of the school district or school building.
(4) The possession of marijuana or marijuana-infused product on school premises or at a school sponsored activity involving students if such possession violates Washington law or is contrary to written policy of the school district or school building.
(5) The use or consumption of marijuana or marijuana-infused product on school premises or at a school sponsored activity.