WSR 14-21-056
PERMANENT RULES
PROFESSIONAL EDUCATOR
STANDARDS BOARD
[Filed October 8, 2014, 11:22 a.m., effective November 8, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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).
Citation of Existing Rules Affected by this Order: Amending WAC 181-87-055.
Statutory Authority for Adoption: RCW 28A.410.210.
Other Authority: Initiative Measure 502, and HB 1609, chapter 19, Laws of 2013.
Adopted under notice filed as WSR 14-16-092 on August 5, 2014.
A final cost-benefit analysis is available by contacting David Brenna, 600 Washington Street South, Room 400, Olympia, WA 98504-7236, phone (360) 725-6238, fax (360) 586-4548, e-mail david.brenna@k12.wa.us.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 8, 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.