WSR 98-22-104

PROPOSED RULES

STATE BOARD OF HEALTH

[Filed November 4, 1998, 11:16 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-01-155.

Title of Rule: WAC 246-05-020 Appendix--County, city or town in a public health district, department or county-city department.

Purpose: Repeals WAC 246-05-020 because the list of services are out of date and are not reflective of the full scope of current public health activities. The rule is obsolete and ambiguous as an outdated "guideline" and is interpreted differently among individual local health jurisdictions.

Statutory Authority for Adoption: RCW 43.30.050.

Statute Being Implemented: RCW 70.46.080.

Summary: Repeals an outdated, unnecessary section of chapter 246-05 WAC, Local public health guidelines.

Reasons Supporting Proposal: This list of services in WAC 246-05-020 is not reflective of all services and activities provided by local health jurisdictions. The information is outdated, obsolete and is inconsistent with the goals of the Executive Order on Regulatory Improvement (97-02). Additionally, there is a question of adequacy of the statutory authority for the rule.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Terry Reid, 1102 S.E. Quince Street, Olympia, WA, (360) 236-4082.

Name of Proponent: State Board of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will repeal WAC 246-05-020. The rule is an outdated guideline for negotiating financial support for local health departments and districts from counties, cities and towns. The rule is being repealed because it is outdated, obsolete and unclear and no longer an accurate description of the financing of local health jurisdictions. This section also describes the services of local public health and is being interpreted differently by local health officials and contributing to confusion about the scope of local health jurisdiction mandated services. The State Board of Health will update the financing guidelines for multi-county health districts consistent with the direction of RCW 70.46.080.

Proposal Changes the Following Existing Rules: It repeals WAC 246-05-020.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact, disproportionate or otherwise, to businesses.

RCW 34.05.328 does not apply to this rule adoption. This rule does not meet the threshold of a legislatively significant rule. It does not subject violators to penalties; it does not set qualifications for license or permit; and it does not make any significant changes to a policy or regulatory program.

Hearing Location: DoubleTree Hotel SeaTac, 18440 Pacific Highway South, Seattle, WA 98188, on December 9, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Michael Zimmerman, (360) 586-0399, by December 4, 1998, TDD (800) 833-6388.

Submit Written Comments to: Terry Reid, fax (360) 236-4088, by December 2, 1998.

Date of Intended Adoption: December 9, 1998.

November 4, 1998

Sylvia Beck

Executive Director

OTS-2644.1

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 246-05-020 Appendix--County, city, or town in a public health district, department, or county-city department.