WSR 20-20-103

EXPEDITED RULES

DEPARTMENT OF HEALTH

(Board of Physical Therapy)

[Filed October 5, 2020, 3:06 p.m.]

Title of Rule and Other Identifying Information: WAC 246-915-110 AIDS education and training, the board of physical therapy (board) is proposing expedited rule making to repeal WAC 246-915-110 in support of ESHB 1551.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Effective June 11, 2020, the following laws are repealed as a result of ESHB 1551: RCW 70.24.260 Emergency medical personnel—Rules for AIDS education and training, 70.24.270 Health professionals—Rules for AIDS education and training, 70.24.310 Health care facility employees—Rules for AIDS education and training.

As a result of these laws being repealed, the department will repeal and not enforce chapter 246-12 WAC, Part 8 - AIDS prevention and information education requirements. These rules detail the definitions, acceptable training and education, and documentation requirements for health professionals and employees concerning AIDS.

WAC 246-915-110 under the authority of the physical therapy board requires seven clock hours of AIDS education and compliance with WAC 246-12, Part 8. The board is proposing to repeal WAC 246-915-110, and will no longer enforce this rule during the repeal process.

Reasons Supporting Proposal: When Washington adopted statues [statutes] concerning AIDS, very little was known about the disease compared to today. Now, AIDS is so treatable and preventable, governor Inslee issued a proclamation in 2014 supporting End AIDS Washington; a statewide initiative to reduce new HIV cases by fifty percent by the end of 2020. Part of this effort includes reducing stigma, which includes updating state law. ESHB 1551 repeals statutes concerning AIDS education and training for emergency medical personnel, health professionals, and health care facility employees to help reduce stigma towards people living with HIV by not singling out AIDS as an exceptional disease that requires specific training and education separate from other health conditions.

Statutory Authority for Adoption: RCW 18.74.023.

Statute Being Implemented: ESHB 1551 (chapter 76, Laws of 2020).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kris Waidley, 111 Israel Road S.W., Tumwater, WA 98501, 360-236-4847.

This notice meets the following criteria to use the expedited repeal process for these rules:

The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: RCW 34.05.535 (2)(a) allow[s] for rules to be repealed using the expedited rule-making process if the statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule. RCW 34.05.353 (2)(c) authorizes an expedited repeal if the rule is no longer necessary because of changed circumstances.

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 Kris Waidely, Department of Health, P.O. Box 47852, Olympia, WA 98504, phone 360-236-4847, fax 360-236-2901, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY December 7, 2020.

October 5, 2020

Renee Fullerton

Executive Director

The following section of the Washington Administrative Code is repealed: