WSR 23-09-075
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed April 19, 2023, 11:00 a.m.]
Original Notice.
Preproposal Statement of Inquiry was filed as WSR 23-04-083.
Expedited [Emergency] Rule Making—Proposed notice was filed as WSR 23-03-050.
Title of Rule and Other Identifying Information: WAC 110-145-1850 What requirements are there for the storage of medications?
Hearing Location(s): On May 23, 2023, telephonic. Make oral comments by calling 360-972-5385 and leaving a voicemail that includes the comment and an email or physical mailing address where the department of children, youth, and families (DCYF) will send its response. Comments received through and including May 23, 2023, will be considered.
Date of Intended Adoption: May 24, 2023.
Submit Written Comments to: DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, by May 23, 2023.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, by May 18, 2023.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment enables DCYF to take enforcement action in the event a licensee doesn't ensure lifesaving medication is available in emergencies. This rule is intended to save lives. In July 2022, an identical rule was updated in the licensing requirements for child foster homes (WAC 110-148-1565).
Reasons Supporting Proposal: Due to the rising number of cases of opioid overdoses in our state, including affected foster care children and youth, life-saving medication such as naloxone (Narcan) must be available as an effective way to swiftly reverse the effects of an overdose in group care facilities. In addition, requiring all other life-saving medication (e.g., rescue inhalers, EpiPens, insulin) to be accessible during emergencies will only increase the likelihood of saving lives in group care facilities during medical emergencies.
Statutory Authority for Adoption: Chapters 13.34 and 74.13 RCW; RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030.
Statute Being Implemented: Chapters 13.34 and 74.13 RCW; RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Ann Radcliffe, 253-341-2325; Implementation and Enforcement: DCYF, statewide.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3).
Scope of exemption for rule proposal:
Is fully exempt.
April 19, 2023
Brenda Villarreal
Rules Coordinator
OTS-4295.1
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-145-1850What requirements are there for the storage of medications?
(1) Prescription and over-the-counter medications must be kept in a locked container in a manner that minimizes the risks for medication errors.
(2) Human medication and animal medication must be kept separate from each other and in locked containers.
(3) Life-saving medications must be accessible in an emergency.