WSR 08-16-074

AGENDA

DEPARTMENT OF HEALTH

STATE BOARD OF HEALTH

[ Filed July 31, 2008, 3:33 p.m. ]


July 2008 Rules Agenda


This report details current and anticipated rule-making activities for the department of health (DOH) and the state board of health (SBOH). If you have any questions regarding this report or DOH rule-making activities, please contact Tami Thompson at (360) 236-4044. If you have any questions regarding SBOH rule-making activities please contact Craig McLaughlin at (360) 236-4106.

This agenda is for information purposes, and the noted dates of anticipated rule-making actions are estimates. Any errors in this agenda do not affect the rules and rule-making notices filed with the office of the code reviser and published in the Washington state register. There may be additional DOH rule-making activities that cannot be forecasted as the department initiates rule making to implement new state laws, meet federal requirements, or meet unforeseen circumstances. See the "key" at the end of the tables for explanations of terms and acronyms.

State Board of Health


RCW or Session Law Authority WAC and Rule Title CR-101 Filing WSR # and Date CR-102 Filing WSR # and Date CR-105 Filing WSR # and Date CR-103 Filing WSR # and Date Program Staff Contact
Chapter 64.44 RCW State board of health and department of health (joint rules) Chapter 246-205 WAC, Decontamination of illegal drug manufacturing or storage sites. 07-24-092 12/5/07 Anticipate filing by 10/08 EH - Gregory McKnight

(360) 236-3381

RCW 70.118B.040 State board of health and department of health (joint rules) Chapter 246-272B WAC, Large on-site sewage system (LOSS) regulations. 08-03-065 1/14/08 Anticipate filing by 3/09 EH - Kelly Cooper

(360) 236-3012

RCW 43.20.050 State board of health Chapter 246-215 WAC, Food service. Anticipate filing by 1/09 EH - Dave Gifford

(360) 236-3074

RCW 43.20.051 State board of health Chapter 246-260 WAC, Water recreation facilities. Anticipate filing by 12/08 EH - Gary Fraser

(360) 236-3073

RCW 43.20.050 State board of health Chapter 246-272A WAC, On-site sewage systems. This rule making will explore creation of a process for the approval and state registration of drain field remediation technologies. The state board of health does not currently regulate remediation technologies. 06-12-108 6/7/06 EH - Kelly Cooper

(360) 236-3012

RCW 43.20.050 State board of health Chapter 246-272C WAC, a new chapter establishing standards for sewage (septic) tanks. WSR 04-03-010 listed standards for large on-site sewage systems (LOSS) and sewage tanks. 06-06-051 2/28/06 Anticipate filing by 1/09 EH - Mamdouh El-Aarag

(509) 456-2754

RCW 43.20.050 State board of health Chapter 246-290 WAC, Group A public water supplies - Stage 2. Anticipate filing by 8/08 SBOH - Ned Therien

(360) 236-4103

RCW 43.20.050 State board of health Chapter 246-291 WAC, Group B public water supplies. 07-14-147 7/5/07 Anticipate filing by 10/09 EH - Theresa Phillips

(360) 236-3147

RCW 70.62.240 State board of health Chapter 246-360 WAC, Transient accommodations. 07-14-148 7/5/07 HSQA - Yvette Fox

(360) 236-2928

RCW 43.20.050 State board of health Chapter 246-366 WAC, Primary and secondary schools. 04-20-050 10/1/04 08-15-174 7/23/08 pending hearings 8/27/08 and 9/10/08 SBOH - Ned Therien

(360) 236-4103

RCW 43.20.050 State board of health Chapter 246-390 WAC, Drinking water laboratory certification. 06-23-077 11/13/06 Anticipate filing by 11/08 EH - Theresa Phillips

(360) 236-3147

RCW 43.20.050 State board of health Chapter 246-XXX WAC, HIV AIDS partner notification. TBD CFH - John Peppert

(360) 236-3427

RCW 28A.210.140, 43.20.050 State board of health WAC 246-100-166 Immunization of child care and school children against certain vaccine-preventable diseases. 08-07-097 3/19/08 Anticipate filing by 9/3/08 pending hearing 10/8/08 SBOH - Tara Wolff

(360) 236-4101 CFH - Jeff Wise

(360) 236-3483

RCW 43.20.050 State board of health WAC 246-100-191 Animals, birds, pets -- Measures to prevent human disease. WAC 246-100-201 Birds -- Measures to prevent psittacosis. 07-10-117 5/2/07 Anticipate filing by 1/10 EH - Liz Dykstra

(360) 236-3223

RCW 70.24.130 State board of health WAC 246-100-202 Special diseases -- Sexual transmitted duties and authorities. Anticipate filing by 12/08 CFH - Bat-sheva Stein

(360) 236-3582

RCW 43.20.050 State board of health WAC 246-101-XXX Notifiable conditions. Anticipate filing by 10/08 EHSPHL - Pamela Lovinger

(360) 236-4225

Chapter 70.54 RCW State board of health Chapter 246-680 WAC, Prenatal tests -- Congenital and heritable disorders. Anticipate filing by 10/08 CFH - Deb Doyle

(360) 236-6742


Department of Health

RCW or Session Law Authority WAC and Rule Title CR-101 Filing WSR # and Date CR-102 Filing WSR # and Date CR-105 Filing WSR # and Date CR-103 Filing WSR # and Date Program Staff Contact
Chapter 18.108 RCW Board of massage therapy Amending chapter 246-830 WAC, regarding requirements for intraoral massage. 07-17-036 8/7/07 08-09-101 4/21/08 and 08-11-117 5/21/08 HSQA - Kris Waidely

(360) 236-4847

RCW 18.108.025 Board of massage therapy WAC 246-830-475, updating the continuing education requirements for massage practitioners and adding a new section WAC 246-830-XXX Inactive credential. 08-14-009 6/19/08 HSQA - Kris Waidely

(360) 236-4847

RCW 18.52.071 Board of nursing home administrators WAC 246-843-010, 246-843-070, 246-843-071, 246-843-073, 246-843-090, 246-843-093, 246-843-095, 246-843-230 and 246-843-231, application for initial license and endorsement. 06-12-109 6/7/06 HSQA - Terry West
RCW 18.130.050, 18.57.005, 18.57A.020 Board of osteopathic medicine and surgery Chapter 246-853 WAC, Osteopathic physicians; chapter 246-854 WAC, Osteopathic physician assistants -- Sedation and anesthesia. 07-16-141 8/1/07 HSQA - Arlene Robertson

(360) 236-4945

RCW 18.130.050, 18.57.005, 18.57A.020 Board of osteopathic medicine and surgery Chapter 246-853 WAC, Osteopathic physicians; chapter 246-854 WAC, Osteopathic physician assistant. Delegation and supervision of nonsurgical cosmetic procedure. 07-16-143 8/1/07 HSQA - Arlene Robertson

(360) 236-4945

RCW 18.64.005, 18.64.165 Board of pharmacy New chapter 246-874 WAC, Pharmaceutical services -- Correctional facilities. The board of pharmacy is considering developing rules that will establish minimum enforceable requirements specifically for Washington correctional facilities in safe handling, storage, recordkeeping and administration of pharmaceuticals. 07-14-145 7/5/07 HSQA - Doreen Beebe

(360) 236-4834

RCW 18.64.005(7) Board of pharmacy WAC 246-865-060 Extended care facility -- Pharmaceutical services, allowing pharmacies to register as a controlled substance registrant to receive outdated, discontinued, or unwanted controlled substance prescription from extended care facilities. 04-21-078 10/20/04 HSQA - Lisa Salmi

(360) 236-2927

RCW 69.50.301, 18.64.005 Board of pharmacy Chapters 246-865, 246-869, 246-887 WAC, Faxing of schedule II prescription for patients in long term care facilities. 01-14-090 7/5/01 HSQA - Lisa Salmi

(360) 236-2927

RCW 18.64.005(7), 69.50.201 Board of pharmacy Chapter 246-887 WAC, Regulations implementing the Uniform Controlled Substances Act. Placement of the substance, carisoprodol, in schedule IV of the Uniform Controlled Substances Act. 03-09-124 4/23/03 HSQA - Lisa Salmi

(360) 236-2927

RCW 18.64A.020 Board of pharmacy WAC 246-901-030 (3)(b) Technician education and training and WAC 246-901-060(2) Technician certification -- Establish board approved standardized examination for pharmacy technicians. 06-08-103 4/5/06 08-09-102 4/21/08 HSQA - Timothy Fuller

(360) 236-4827

RCW 18.74.023 Board of physical therapy Chapter 246-915 WAC regarding the licensing and supervision of physical therapist assistants. 07-16-063 7/26/07 08-07-100 3/19/08 Anticipate filing by 8/08 HSQA - Kris Waidely

(360) 236-4847

RCW 18.25.0171, 18.130.050 (1), (12) Chiropractic quality assurance commission Chapter 246-808 WAC, Chiropractic quality assurance commission (CQAC) is considering amending the documentation of care rule. In addition, CQAC may amend the continuing education rule as well. 07-20-038 9/25/07 HSQA - Leann Yount

(360) 236-4856

RCW 18.25.0171 Chiropractic quality assurance commission WAC 246-808-510 Definitions. 05-10-062 5/2/05 HSQA - Betty Moe

(360) 236-4912

RCW 18.32.0365, 18.32.040, 18.32.195 Dental quality assurance commission New WAC 246-817-155 Dental resident license to full dental license -- Conditions. 07-13-073 6/18/07 Anticipate filing by 9/08 HSQA - Jennifer Bressi

(360) 236-4893

RCW 18.32.0365 Dental quality assurance commission WAC 246-817-010 Definitions -- Dental quality assurance commission. 07-13-074 6/18/07 Anticipate filing by 8/08 HSQA - Jennifer Bressi

(360) 236-4893

RCW 43.70.280, 18.32.035 Dental quality assurance commission WAC 246-817-110 Dental licensure -- Initial eligibility and application requirements and 246-817-120 Examination content. 02-15-160 7/23/02 Anticipate filing by 8/08 HSQA - Jennifer Bressi

(360) 236-4893

RCW 18.32.0365, 18.32.215 Dental quality assurance commission WAC 246-817-130 Licensure without examination for dentists -- Eligibility and 246-817-140 Licensure without examination for dentists -- Licensing examination standards. 07-13-072 6/18/07 Anticipate filing by 8/08 HSQA - Jennifer Bressi

(360) 236-4893

RCW 18.32.0365, 18.32.215 Dental quality assurance commission WAC 246-817-135 Licensure without examination for dentists -- Application procedure. 04-08-096 4/6/04 Anticipate filing by 8/08 HSQA - Jennifer Bressi

(360) 236-4893

RCW 18.32.0365, 18.32.640 Dental quality assurance commission WAC 246-817-170 Applications -- Permits -- Renewals for the administration of conscious sedation with multiple oral or parenteral agents or general anesthesia (including deep sedation) and 246-817-175 Conscious sedation w/parenteral or multiple oral agents -- Education and training requirements -- Application. 07-14-144 7/5/07 HSQA - Jennifer Bressi

(360) 236-4893

RCW 18.32.0365, 18.32.640 Dental quality assurance commission WAC 246-817-180 General anesthesia (including deep sedation) -- Education and training requirements. 04-15-151 7/21/04 HSQA - Jennifer Bressi

(360) 236-4893

RCW 18.32.0365, 18.32.640 Dental quality assurance commission WAC 246-817-701 Purpose, 246-817-710 Definitions, 246-817-720 Basic life support, 246-817-730 Local anesthesia, 246-817-740 Nitrous oxide/oxygen sedation, 246-817-750 Conscious sedation with an oral agent, 246-817-760 Conscious sedation with parenteral or multiple oral agents, 246-817-770 General anesthesia (including deep sedation), and 246-817-780 Mandatory reporting of death or significant complications -- Dental. 05-09-001 4/7/05 HSQA - Jennifer Bressi

(360) 236-4893

Chapter 70.54 RCW Department of health Chapter 246-102 WAC, Cancer registry. Anticipate filing by 12/08 CFH - Katie Golub

(360) 236-3624

Section 12, chapter 134, Laws of 2008 Department of health Chapter 246-16 WAC, Standards of professional conduct relating to sanctions for unprofessional conduct. 08-14-076 6/26/08 HSQA -Margaret Gilbert

(360) 236-4913

RCW 18.130.080, 18.130.050 Department of health Chapter 246-16 WAC, Standards of professional conduct, adding a section for mandatory reporting by license holders, corporations, organizations, health care facilities, and state and local governmental agencies that employ licensed health care providers. 08-14-117 6/30/08 HSQA -Margaret Gilbert

(360) 236-4913

RCW 70.98.050 Department of health Chapter 246-247 WAC, Radiation protection -- Air emission. 05-12-140 6/1/05 EH - Al Conklin

(360) 236-3261

RCW 43.20.050 Department of health Chapter 246-290 WAC, Revisions to the Group A public water supplies regulations. 07-24-072 12/4/07 Anticipate filing by 9/08 EH - Theresa Phillips

(360) 236-3147

Chapter 70.41 RCW, RCW 43.70.040 Department of health Chapter 246-320 WAC, Revise and update hospital licensing rules (operational standards). 07-17-173 8/22/07 Anticipate filing by 8/20/08 HSQA - Byron Plan

(360) 236-2916

RCW 70.175.040 and 70.185.040 Department of health WAC 246-560-010 Definitions, rural health system project. 07-17-172 8/22/07 08-14-138 7/1/08 HSQA - John Hanson

(360) 236-2819

Chapter 70.185 RCW Department of health Chapter 246-562 WAC, J-1 physician visa waiver regulations. 08-14-077 6/26/08 HSQA - Jennell Prentice

(360) 236-2814

RCW 18.225.040 Department of health Chapter 246-809 WAC, Licensed counselors, independent clinical social worker associate, licensed advanced social worker associate, licensed mental health counselor associate, and licensed marriage and family therapist associate. 08-14-140 7/1/08 HSQA - Betty Moe

(360) 236-4912

RCW 18.19.050 Department of health Chapter 246-810 WAC, Counselors, agency affiliated counselor, certified adviser, and certified counselor. 08-14-142 7/1/08 HSQA - Betty Moe

(360) 236-4912

RCW 18.205.060 Department of health Chapter 246-811 WAC, Certified chemical dependency professional and amending chapter 246-811 WAC, to include requirements for CDP trainee. 08-14-139 7/1/08 HSQA - Betty Moe

(360) 236-4912

RCW 62.51A.080 Department of health New chapter 246-XXX WAC, establishing a sixty-day supply of medical marijuana for qualifying patients. 07-16-130 8/1/07 08-14-149 7/1/08 HSQA - Kristin Reichl

(360) 236-4985

Chapter 70, Laws of 2007 Department of health New chapter 246-XXX WAC, relating to certification of animal massage practitioners. 07-18-016 8/24/07 HSQA - Judy Haenke

(360) 236-4828

Chapter 70.225 RCW Department of health TITLE 246 WAC, adding new chapter for prescription monitoring program (PMP). 08-15-085 7/16/08 HSQA - Doreen Beebe

(360) 236-4834

RCW 70.168.060, 70.168.090 Department of health Trauma registry standards: WAC 246-976-420 Trauma registry -- Department responsibilities and 246-976-430 Trauma registry -- Provider responsibilities. 06-02-086 1/4/06 Anticipate filing by 9/08 HSQA - Kathy Schmitt

(360) 236-2869

RCW 34.05.220 Department of health WAC 246-10-606, 246-11-520, Standard of proof. Proposal is exempt RCW 34.05.310(4) 08-08-089 4/1/08 HSQA - Margaret Gilbert

(360) 236-4913

RCW 70.38.135 Department of health WAC 246-310-010 Certificate of need definition of "established ratio." 07-07-072 3/16/07 08-12-079 6/3/08 Anticipate filing by 10/08 HSQA - Janis Sigman

(360) 236-2956

RCW 70.38.128 Department of health WAC 246-310-262 Nonemergent interventional cardiology standards. 07-17-170 8/22/07 08-12-105 6/4/08 HSQA - Janis Sigman

(360) 236-2956

Chapter 70.56 RCW Department of health Chapter 246-322 WAC, Private psychiatric and alcoholism hospitals -- Adverse health events and incident reporting system. 08-08-088 4/1/08 08-14-143 7/1/08 HSQA - Alisa Harris

(360) 236-2907

RCW 70.42.090 Department of health WAC 246-338-022, 246-338-024 and 246-338-990, Medical test site fees and due. 06-08-014 3/23/06 HSQA - Susan Walker

(206) 418-5418

RCW 43.70.340 Department of health WAC 246-358-990 Temporary worker housing fee, 246-359-990 Temporary worker housing construction standard fees, 246-361-990 Cherry harvest camp fees. 07-17-171 8/22/07 HSQA - Alisa Harris

(360) 236-2907

RCW 43.70.150 Department of health Chapter 246-491 WAC, Vital statistics -- Certificates. Anticipate filing by 12/08 EHSPHL - Philip Freeman

(360) 236-4330

Chapter 251, Laws of 2001 Department of health Chapter 246-809 WAC, Define experience requirements for licensed mental health counselors, marriage and family therapists, and social workers. 01-22-068 11/1/05 HSQA - Betty Moe

(360) 236-4912

RCW 18.225.040, 18.225.090 Department of health WAC 246-809-130 Supervised postgraduate experience (for licensed marriage and family therapists), 246-809-230 Supervised postgraduate experience (for licensed mental health counselors) and 246-809-321 Education requirements and supervised postgraduate experience (for licensed social workers). 06-07-092 3/15/06 HSQA - Betty Moe

(360) 236-4912

RCW 18.34.120 Department of health WAC 246-824-075 Continuing education requirements for dispensing opticians. 08-03-064 1/14/08 HSQA - Janette Benham

(360) 236-4947

RCW 18.36A.060 Department of health WAC 246-836-XXX Education and training requirements for the use of controlled substances for naturopathic physicians. 05-14-152 7/6/05 HSQA - Susan Gragg

(360) 236-4941

RCW 18.71.200, 18.71.215, chapter 18.73 RCW etc. Department of health WAC 246-976-001, 246-976-400, 246-976-890, 246-976-920, 246-976-950, amending EMS and trauma system prehospital rules and standards. 08-16-037

7/29/08

HSQA - Maura Craig

(360) 236-4987

Chapter 70.230 RCW Department of health Chapter 246-XXX WAC, establishes a new WAC chapter for new licensing requirements along with fee schedule for ambulatory surgical facilities. 08-10-090 5/6/08 Anticipate filing by 3/09 HSQA - John Hilger

(360) 236-2929

RCW 43.70.150, chapter 70.58 RCW Department of health Chapter 246-XXX WAC, Electronic death registration system (EDRS). 07-08-051 3/29/07 EHSPHL - Philip Freeman

(360) 236-4330

RCW 18.130.050, 18.71.017, 18.71A.020 Medical quality assurance commission Chapter 246-919 WAC, Physicians, and chapter 246-918 WAC, Physician assistants. Delegation and supervision of nonsurgical cosmetic procedures. 07-08-103 4/4/07 HSQA - Beverly Thomas

(360) 236-4788

RCW 18.130.050, 18.71A.020 Medical quality assurance commission New sections in chapter 246-918 WAC, Safe and effective analgesia and anesthesia administration in office-based surgery settings as it applies to physician assistants. 07-23-125 11/21/07 HSQA - Beverly Thomas

(360) 236-4788

RCW 18.71.017 Medical quality assurance commission WAC 246-919-601 Safe and effective analgesia and anesthetic administration in office-based surgical settings. The commission is considering proposed rules for physicians who perform surgery within their offices. 07-03-178 1/24/07 HSQA - Beverly Thomas

(360) 236-4788

RCW 18.79.050 Nursing care quality assurance commission Qualifications and practice of advanced registered nurse practitioners (ARNPs). WAC 246-840-300 Advanced registered nurse practitioner, 246-840-305 Criteria for formal advanced nursing education meeting the requirement for ARNP licensure, 246-840-310 Use of nomenclature, 246-840-311 ARNP previously adopted specialties, and 246-840-320 Certification and certification program. 07-17-037 8/7/07 Anticipate filing by 8/08 HSQA - Kendra Pitzler

(360) 236-4723

RCW 18.79.010, 18.79.110 Nursing care quality assurance commission WAC 246-840-XXX, new rule for the nursing care quality assurance commission mandatory continuing competency for licensed nurses. 08-13-092 6/18/08 HSQA - Robin Sheldon

(360) 236-4766

RCW 18.79.110, 18.79.260, 18.88A.210, 18.88A.060 Nursing care quality assurance commission WAC 246-841-405 Nursing assistant delegation, 246-840-910 Purpose, 246-840-920 Definitions, 246-840-930 Criteria for delegation, and 246-840-940 Washington state nursing care quality assurance commission community-based and in-home care setting delegation decision tree, WAC 246-840-950. 08-14-158 7/2/08 HSQA - Robin Sheldon

(360) 236-4766

RCW 18.59.090, 18.130.050 Occupational therapy practice board WAC 246-847-030 Occupational therapists acting in a consulting capacity, 246-847-055 Initial application for individuals who have not practiced within the past four years, 246-847-068 Expired license, 246-847-070 Inactive credential, 246-847-125 Applicants currently licensed in other states or territories and 246-847-XXX Renewal for those that have not practiced in four years. 08-15-088 7/17/08 HSQA - Vicki Brown

(360) 236-4865

RCW 18.22.015, 18.130.050 Podiatric medical board New sections to chapter 246-922 WAC. The podiatric medical board is creating rules on the administration of sedation and anesthesia in the offices of podiatric physicians. The rule making may include necessary training and equipment requirements for podiatric physicians to perform office-based surgery. 07-16-139 8/1/07 HSQA - Arlene Robertson

(360) 236-4945

RCW 18.22.015, 18.130.050 Podiatric medical board WAC 246-922-010 Definitions adding new sections to chapter 246-922 WAC to establish standards for prescribing orthotic devices by podiatric physicians. 07-16-140 8/1/07 HSQA - Arlene Robertson

(360) 236-4945

RCW 18.92.030 Veterinary board of governors New WAC 246-935-XXX Identification of veterinary technician standard tasks and procedures that must be included in the experience of a person who qualifies to take the veterinary technician examination through a period of practical experience. 07-16-142 8/1/07 HSQA - Judy Haenke

(360) 236-4828

RCW 18.92.030 Veterinary board of governors WAC 246-933-300 Veterinary specialty licensure. 08-03-070 1/14/08 HSQA - Judy Haenke

(360) 236-4828

RCW 18.92.030 Veterinary board of governors WAC 246-935-010 Definitions, 246-935-040 Responsibilities of veterinarians supervising a veterinary technician or an unregistered assistant, and 246-935-050 Animal health care tasks. 08-05-119 2/19/08 HSQA - Judy Haenke

(360) 236-4828


KEY


CR means "code reviser" on the notice forms created by the office of the code reviser for use by all state agencies.

CR-101 is a preproposal statement of inquiry filed under RCW 34.05.310.

CR-102 is a proposed rule-making notice filed under RCW 34.05.320 or 34.05.340.

Proposal is Exempt under RCW 34.05.310(4) means a rule that does not require the filing of a CR-101 notice under RCW 34.05.310(4).

CR-105 is an expedited rule-making notice filed under RCW 34.05.353. This is an accelerated rule adoption process with no public hearing required.

CR-103 is rule-making order permanently adopting a rule, and filed under RCW 34.05.360 and 34.05.380.

Emergency rules are temporary rules filed under RCW 34.05.350 and 34.05.380 by using a CR-103 rule-making order. Emergency rules may be used to meet certain urgent circumstances. These rules are effective for one hundred twenty days after the filing date, and may be extended in certain circumstances.

Dashed cells in tables mean the anticipated filing date is not known at the time this rule agenda is filed.

Blank cells in tables mean the anticipated filing date is not known at the time this rule agenda is filed.

To Be Determined is when a date is still being discussed.

RCW is the Revised Code of Washington.

WAC is the Washington Administrative Code.

WSR number is the Washington state register official filing reference number given by the office of the code reviser when a notice is filed.

DOH is the department of health.

HSQA is the health systems quality assurance division.

EH is the environmental health division.

EHSPHL is the epidemiology health statistics and public health labs division.

CFH is the community family health division.

SBOH is the state board of health.

Washington State Code Reviser's Office