WSR 05-03-054



[ Filed January 11, 2005, 4:46 p.m. ]

Subject of Possible Rule Making: WAC 246-100-166 Immunization of childcare and school children against certain vaccine preventable diseases.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050, 28A.210.070, 28A.080 [28A.210.080], 28A.210.100.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule may need to be changed to require immunization against varicella (chickenpox) for school entry and child care. The Advisory Council on Immunization Practices, the American Academy of Pediatrics, and the American College of Family Medicine recommend vaccination of children against varicella. The effectiveness and efficacy of this vaccine has been demonstrated. Children who do not contract the disease nor receive a varicella vaccination during childhood face serious complications as adults if they contract the disease later in life. Varicella manifests as herpes zoster (shingles) in adults who contracted the disease as children. There may be significant economic losses associated with parents having to stay home to tend to children with chickenpox. Most states require varicella for school entry.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Superintendent of Public Instruction, under RCW 28A.210.150 and WAC 382-182-020, provides procedures for schools to verify immunization status of students transferring from one school to another before actual immunization records are received. The State Board of Education under RCW 28A.210.160 and WAC 180-38-005 sets procedural and substantive due process requirements governing exclusion of students for failure to comply with immunization requirements. The Department of Social and Health Services sets immunization requirements for children in licensed day care settings under chapter 74.15 RCW and WAC 388-150-220. The State Board of Health and the Department of Health will work with these agencies to assure they have opportunities to review any proposed changes in immunization requirements.

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 Tara Wolff, Washington State Board of Health, P.O. Box 7990, Olympia, WA 98504, phone (360) 236-4101, fax (360) 236-4088, e-mail; or Janna Bardi, Immunization Program, Washington State Department Health, P.O. Box 47843, Olympia, WA 98504, phone (360) 236-3568 or e-mail

January 11, 2005

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office