WSR 17-10-024 PROPOSED RULES STATE BOARD OF HEALTH [Filed April 25, 2017, 1:58 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-105-040 Requirements based on national immunization guidelines, updating the reference to the advisory committee on immunization practices (ACIP) from the 2016 publication to the 2017 publication.
Hearing Location(s): Gonzaga University, Hemmingson Center, Multi-Purpose Room 314, 702 East Desmet Avenue, Spokane, WA 99202, on June 14, 2017, at 1:50 p.m.
Date of Intended Adoption: June 14, 2017.
Submit Written Comments to: Sierra Rotakhina, P.O. Box 47990, Olympia, WA 98504-7990, email https://fortress.wa.gov/doh/policyreview, fax (360) 236-4088, by May 31, 2017.
Assistance for Persons with Disabilities: Contact Sierra Rotakhina by May 31, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal updates the reference to the national immunization standards set by ACIP from the 2016 publication to the 2017 publication. Minimal, if any, impacts to stakeholders are anticipated. Updating the rule does not change any policies for schools or child care centers. Additionally, the 2017 ACIP standards for vaccination of diseases required by WAC 246-105-030 have not changed from 2016.
Reasons Supporting Proposal: Review of the 2017 ACIP standards have determined that there are no changes that impact Washington state immunization requirements. However, this proposal is necessary to provide clarity and consistency for stakeholders by pointing the existing guidelines referenced in rule to the most current national immunization standards published by ACIP.
Statutory Authority for Adoption: RCW 28A.210.140.
Statute Being Implemented: RCW 28A.210.060.
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: Sierra Rotakhina, 101 Israel Road S.E., Tumwater, WA 98504-7990, (360) 236-4106; Implementation and Enforcement: Michele Roberts, 310 Israel Road S.E., Tumwater, WA 98504-7830, (360) 236-3568.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
April 25, 2017
Michelle A. Davis
Executive Director
AMENDATORY SECTION (Amending WSR 16-15-103, filed 7/20/16, effective 8/20/16)
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 national immunization guidelines in the "Advisory Committee on Immunization Practices (ACIP) Recommended Immunization Schedule for Persons Aged 0 Through 18 Years, United States ((2016)) 2017"; as published in the Morbidity and Mortality Weekly Report (MMWR) ((2016;65(04): 86-87)) 2017;66(5):134-135.
(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 acting within his or her scope of practice; or
(c) Diagnosis or verification of a history of herpes zoster by a health care provider acting within his or her scope of practice; 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).
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