WSR 20-03-038

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH

[Filed January 8, 2020, 8:43 a.m.]

Subject of Possible Rule Making: WAC 246-470-XXX adding a new section relating to the prescription monitoring program (PMP). The department of health (department) is proposing a new section in chapter 246-470 WAC to establish a waiver process and criteria for facilities, entities, offices, or provider groups with ten or more prescribers to apply for an exemption from the PMP and electronic health record (EHR) integration required by SSB 5380.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.225.090 (2)(b).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 70.225.090 (2)(a) requires most facilities, entities, offices, or provider groups with ten or more prescribers to demonstrate the ability to fully integrate their EHR system with the PMP.

RCW 70.225.090 (2)(b) requires the department to develop a waiver process to follow for those facilities, entities, offices, or provider groups with ten or more prescribers to request a waiver from the integration requirement in RCW 70.225.090 (2)(a) due to economic hardship, technological limitations that are not reasonably in the control of the facility, entity, office, or provider group, or other exceptional circumstance demonstrated by the facility, entity, office, or provider group.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Carly Bartz-Overman, P.O. Box 47852, Olympia, WA 98504, phone 360-236-3044, TTY 360-833-6388 or 711, email carly.bartz-overman@doh.wa.gov.

Additional comments: You may subscribe to the Washington state PMP GovDelivery listserv to receive updates at https://public.govdelivery.com/accounts/WADOH/subscriber/new.

January 3, 2020

John Wiesman DrPH, MPH

Secretary