AGENDA
STATE BOARD OF HEALTH
Rules Agenda
This agenda is for information purposes, and the noted dates of anticipated rule-making actions are estimates. Governor Gregoire signed an Executive Order (EO) 11-03 on October 11, 2011, directing agencies under her jurisdiction to suspend noncritical rule development and adoption activities. DOH and SBOH has reviewed the rule development projects underway to determine if any rules meet the criteria.
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 rule-making activities that cannot be forecasted as DOH or SBOH may not initiate 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.
Rule Making
| 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 |
| RCW 28A.210.140 |
State Board of Health | Chapter 246-105 WAC, Immunizations of child care and school children against certain vaccine-preventable diseases. | Anticipate
filing
before
6/2012 Rule necessary to protect public health. |
4/19/2012 WSR 12-10-011 |
Anticipate filing by 7/31/2012 | Jeff Wise (360) 236-3483 |
|
| RCW 43.20.050(2) |
State Board of Health | WAC 246-290-460 Fluoridation of drinking water -- Revises the fluoride concentration in Group A public water systems that choose to fluoridate under RCW 57.08.012. | 11-11-046 5/13/2011 |
Anticipate
filing
12/2012 Requested by regulated community to protect public health. Filing date pending federal action. |
Ned Therien (360) 236-4103 |
||
| 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 6/7/2006 | Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Stuart Glasoe (360) 236-3246 |
||
| RCW 43.20.050 |
State Board of Health | Chapter 246-291 WAC, Group B public water supplies. | 07-14-147 7/5/2007 | Anticipate
filing 4/2012 Rule necessary to assist department of health [to] manage a budget shortfall and protect public health. |
Theresa
Phillips (360) 236-3147 |
||
| RCW 43.20.050 |
State Board of Health | Chapter 246-390 WAC, Drinking water laboratory certification. | 06-23-077 11/13/2006 | Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Theresa
Phillips (360) 236-3147 |
||
| RCW 70.62.240 |
State Board of Health | Chapter 246-360 WAC, Transient accommodations. | 07-14-148 7/5/2007 | Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
John Hilger (360) 236-2929 |
||
| RCW 43.20.050 and 43.20.145 |
State Board of Health | Chapter 246-215 WAC, Food service. | 10-04-068 1/29/2010 |
Anticipate
filing 8/2012 Rule continuation requested by regulated community. Necessary to protect public health. |
Joe Graham (360) 236-3305 |
||
| RCW 43.20.050 70.119A.080 |
State Board of Health | WAC 246-203-103 Keeping of animals. | 09-17-132 8/19/2009 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Ned Therien (360) 236-4103 |
||
| RCW 70.24.380 |
State Board of Health | WAC 246-100-207 Human immunodeficiency virus (HIV) testing -- Ordering -- Laboratory screening -- Interpretation -- Reporting, amending the rule to clarify that consent of an individual for an HIV test may be obtained either verbally or in writing. | Anticipate
filing by
8/2012 Rule necessary to be consistent with state law. |
Maria
Courogen (360) 236-3458 |
|||
| RCW 70.83.030 and 43.20.050 |
State Board of Health | Chapter 246-650 WAC proposal to amend chapter to consider adding severe combined immune deficiency (SCID) to the list of mandatory conditions for newborn screening conducted by the department of health. | Anticipate filing by 10/2012 | Mike Glass (206) 418-5470 |
| 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 |
| RCW 18.35.161 |
Board of Hearing and Speech | WAC 246-828-XXX Prohibiting the use of the title "audioprosthologist." | 09-11-116 5/20/2009 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Janette
Benham (360) 236-4857 |
||
| RCW 18.36A.060 |
Board of Naturopathy | WAC 246-836-010 and 246-836-210, amending existing sections and adding a new section to naturopathic physician rules to identify nonsurgical cosmetic procedures within scope of practice. | 10-15-098 7/20/2010 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Susan Gragg (360) 236-4941 |
||
| RCW 18.36A.060 |
Board of Naturopathy | WAC 246-836-080 Continuing competency program requirements for naturopathic physicians. | 08-17-041 8/14/2008 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Susan Gragg (360) 236-4941 |
||
| RCW 18.36A.060 and 18.36A.100 |
Board of Naturopathy | Chapter 246-836 WAC amending accreditation requirements for naturopathic medical educational institutions. | 10-15-097 7/20/2010 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Susan Gragg (360) 236-4941 |
||
| 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 6/7/2006 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Kendra Pitzler (360) 236-4723 |
||
| RCW 18.54.070 |
Board of Optometry | WAC 246-851-XXX Optometry multicultural education. | 10-05-060 2/11/2010 |
10-21-104 10/20/2010 Hearing was cancelled on 12/3/2010. Suspended until 2012 due to EO 10-06. Continuing suspension until 2013 due to EO 11-03. |
Judy Haenke (360) 236-4947 |
||
| RCW 18.64.005 |
Board of Pharmacy | Chapter 246-886 WAC, Animal control-legend drug sodium pentobarbital. | 09-11-049 5/13/2009 |
12-14-105 7/3/2012 |
Doreen Beebe (360) 236-4834 |
||
| 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 7/5/2007 |
Withdrawn 12-14-104 7/3/2012 |
Kitty Slater (360) 236-4861 |
||
| HB 1353 (chapter 71, Laws of 2011) | Board of Pharmacy | Chapter 246-901 WAC, Pharmacy ancillary personnel, amending to add continuing education requirements. | 11-17-10
[11-17-101] 8/22/2011 Rules are necessary to implement state law. |
12-10-082 5/2/2012 |
Anticipate 8/2012 | Kitty Slater (360) 236-4861 |
|
| SSB 6105 (chapter 192, Laws of 2012) | Board of Pharmacy | Chapter 246-470 WAC, Prescription monitoring program, updating the rules to reflect changes in the law, including: Adding language to establish alternative data reporting requirements for veterinarians reporting the dispensing of controlled substances to the prescription monitoring program (PMP); and clarifying that controlled substances dispensed for one day use do not have to be reported by any dispenser. | 12-14-034 6/26/2012 |
Anticipate
filing 12/2012 |
Kitty Slater (360) 236-4861 |
||
| RCW 18.25.0171 |
Chiropractic Quality Assurance Commission | WAC 246-808-180 Expired licenses. | 12-01-129 12/21/11 Rule is necessary to protect public health, safety, and welfare. |
Anticipate
filing 9/2012 |
Leann Yount (360) 236-4856 |
||
| RCW 18.25.0171 |
Chiropractic Quality Assurance Commission | WAC 246-808-150 Continuing education. | 09-09-031 4/7/2009 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Leann Yount (360) 236-4856 |
||
| RCW 18.25.0171 18.130.050 (1) and (12) |
Chiropractic Quality Assurance Commission | WAC 246-808-550 Future care contracts prohibited, revising the current rule to clarify the requirements for future care contracts. | 10-06-017 2/22/2010 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Leann Yount (360) 236-4856 |
||
| RCW 18-25-0171 [18.25.0171] 18.130.050 |
Chiropractic Quality Assurance Commission | WAC 246-808-180 Reinstating an expired license. | 12-1-129
[12-01-129] 12/21/2011 |
Anticipate
filing 8/2012 |
Leann Yount (360) 236-4856 |
||
| RCW 18.32.040 18.130.064 |
Dental Quality Assurance Commission | WAC 246-817-310 and 246-817-XXX, maintenance and retention of dental records and dental treatment records. | 09-13-097 6/17/2009 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Jennifer
Santiago (360) 236-4893 |
||
| E2SSB 5620 (chapter 23, Laws of 2012) | Dental Quality Assurance Commission | Chapter 246-817 WAC, Dental anesthesia assistants (new credentialed profession). | 12-14-068 7/2/2012 |
Anticipate
filing 2/2013 |
Jennifer
Santiago (360) 236-4893 |
||
| RCW 18.84.040 |
Department of Health | WAC 246-926-180, amending the parenteral procedures for radiologic technologists. | 10-15-101 7/20/2010 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Susan Gragg (360) 236-4941 |
||
| RCW 43.70.040 70.38.135 |
Department of Health | WAC 246-310-XXX Hospital acute care bed methodology. | 09-16-118 8/4/2009 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
John Hilger (360) 236-2929 |
||
| Chapter 70.185 RCW | Department of Health | Chapter 246-562 WAC, J-1 Physician visa waiver regulations. | 08-14-077 6/26/2008 (withdrawn). |
Anticipate
filing 8/2012 Rule required by federal law; benefits regulated entities. |
Natalie
Gonzalez (360) 236-2815 |
||
| RCW 43.70.040 70.38.135 |
Department of Health | WAC 246-310-XXX, revising and updating the certificate of need adjudicative proceeding rules. | Anticipate
filing 2012. Continuing suspension until 2013 due to EO 11-03. |
John Hilger (360) 236-2929 |
|||
| RCW 70.119.050 |
Department of Health | Chapter 246-292 WAC, Waterworks operator certification. | 09-21-043 10/13/2009 |
Anticipate
filing
1/2013 Rule necessary to implement legislation, and is a benefit to regulated community. |
Theresa
Phillips (360) 236-3147 |
||
| RCW 70.98.050 |
Department of Health | Chapter 246-247 WAC, Radiation protection -- Air emission. | 05-12-140 6/1/2005 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Michelle K.
Austin (360) 236-3250 |
||
| RCW 70.98.085 (HB 2304, chapter 19, Laws of 2012) |
Department of Health | Chapter 246-249 WAC, Radioactive
waste -- Use of the
commercial
disposal site. WAC 246-254-180 Low-level radioactive waste site use permit fees for generator or broker. Transfer of the site use permit program from department of ecology to the department of health (HB 2304, chapter 19, Laws of 2012). |
Anticipate filing 8/2012 | Michelle K.
Austin (360) 236-3250 |
|||
| RCW 70.90.120 |
Department of Health | Chapter 246-260 WAC, Water
recreation facilities
and chapter 246-262 WAC,
Recreational water
contact facilities. Updating the name and reference for the suction fittings standard without material change. |
12-11-113 5/22/2012 |
Anticipate filing by 8/2012 | Gary Fraser (360) 236-2261 |
||
| RCW 71.12.670 |
Department of Health | Chapter 246-337 WAC, Residential treatment facilities. | 10-17-119 8/18/2010 |
Barb Runyon (360) 236-2937 |
|||
| ESHB 2366 (chapter 181, Laws of 2012 | Department of Health | Chapters 246-809, 246-810, 246-811 WAC, mental health counselors, marriage and family therapists, and social workers; chemical dependency professionals; certified counselors and certified advisors -- Continuing education for suicide assessment. | Anticipate
filing 7/2012 |
Betty Moe (360) 236-4912 |
|||
| SHB 2056 (chapter 10, Laws of 2012 |
Department of Health | TITLE 246 WAC, Department of health, replacing the term "boarding home" with "assisted living facility." | Anticipate filing 10/2012 | John Hilger (360) 236-2929 |
|||
| ESHB 2314 (chapter 164, Laws of 2012) | Department of Health | Chapter 246-980 WAC, Home care aides, amending rules to reflect changes in the law and adding new sections to establish a scope of practice, nurse delegation, exemptions from certification, and requirements for certification for home care aides, and amending WAC 246-10-501 to allow use of the brief adjudicative proceeding (BAP) for home care aide applicants disqualified under chapter 74.39A RCW. | 12-15-024 7/11/2012 |
Anticipate
filing 10/2012 |
Kendra Pitzler (360) 236-4723 |
||
| ESSB 6237 (chapter 153, Laws of 2012) |
Department of Health | New chapter of TITLE 246 WAC, Medical assistants -- New credentialed profession. | 12-14-098 7/3/2012 |
Anticipate
filing 2/2013 |
Brett Cain (360) 236-4766 |
||
| ESSB 6103 (chapter 137, Laws of 2012) |
Department of Health | New chapter 246-831 WAC,
Reflexology -- New
credentialed profession. |
12-14-069 7/2/2012 |
Anticipate
filing 12/2012 |
Kris Waidely (360) 236-4847 |
||
| ESSB 5969 (chapter 5, Laws of 2011 2nd sp. sess.) |
Department of Health | Chapter 246-12 WAC, Temporary practice permits for spouses of military personnel transferred to Washington state. | N/A | Anticipate filing 7/2012 | Andy
Fernando (360) 236-4692 |
||
| SB 6290 (chapter 45, Laws of 2012) |
Department of Health | Chapter 246-12 WAC, Inactive license status for military personnel transferred from Washington state. | 12-14-033 6/26/2012 |
Anticipate
filing 1/2013 |
Billie Jo Dale (360) 236-4841 |
||
| SSB 6238 (chapter 5, Laws of 2012); and 3ESHB 2127 (chapter 7, Laws of 2012 2nd sp. sess.) | Department of Health | WAC 246-809-990, 246-824-990, and 246-840-990, retired active license fees for mental health counselors, marriage and family therapists, and social workers; chemical dependency professionals; dispensing opticians; practical and registered nurses. | N/A | Anticipate
filing 12/2012 |
Betty Moe (360) 4901 [236-4912] |
||
| RCW 43.70.110 |
Department of Health | WAC 246-808-990, 246-809-990, 246-830-990, 246-834-990, 246-836-990, 246-840-990, 246-851-990, 246-853-990, 246-918-990, 246-919-990, 246-922-990, 246-924-990, health evidence resource for Washington (HEAL-WA) surcharge reduction. | N/A | 12-15-056 7/17/2012 | Anticipate filing 9/2012 |
Andy
Fernando (360) 236-4692 |
|
| 3ESHB 2127 (chapter 7, Laws of 2012 2nd sp. sess.) | Department of Health | WAC 246-358-990 Temporary worker housing. | N/A | Anticipate filing 8/2012 | Deb Fisher (360) 236-2942 |
||
| Chapter 70.56 RCW | Department of Health | New chapter 246-302 WAC; chapters 246-320, 246-322, 246-329, and 246-330 WAC, adverse health event reporting. | N/A | 12-11-079 5/17/2012 |
Anticipate filing 7/2012 | Kathy Schmitt (360) 236-2969 |
|
| ESSB 6239 (chapter 3, Laws of 2012) | Department of Health | WAC 246-491-149 Marriage and divorce certificates, considering amending to gender-neutralize terms for spouses, and to consider clarifying names and adding gender as an item on the marriage certificate. | 12-11-116 5/22/2012 |
Christie Spice (360) 236-4307 |
|||
| ESHB 2366 (chapter 181, Laws of 2012) | Examining Board of Psychology | Chapter 246-924 WAC, Psychology -- Continuing education for suicide assessment. | Anticipate
filing 7/2012 |
Betty Moe (360) 236-4912 |
|||
| RCW 18.71.017 18.130.050 and 18.71.430 |
Medical Quality Assurance Commission | WAC 246-919-430 Physicians, and WAC 246-918-XXX Physician assistants, requiring additional practice information at renewal. | 09-14-114 6/30/2009 |
10-21-098 6/30/2009 Anticipate filing new CR-102 4/2012 as a result of SB 5480 passed in 2011. |
Suspended until 2012 due to EO 10-06 | Julie Kitten (360) 236-2757 |
|
| RCW 18-79-110 [18.79.110] and 18.79.160 |
Nursing Care Quality Assurance Commission | Chapter 246-940 WAC through WAC 246-840-455, advanced registered nurse practitioners, recognizing clinical nurse specialists. | Anticipate 8/2012 |
Terry West (360) 236-4712 |
|||
| RCW 18-79-110 [18.79.110] |
Nursing Care Quality Assurance Commission | WAC 246-840-500 through 246-840-575, nursing education. | Anticipate
filing 8/2012 |
Terry West (360) 236-4712 |
|||
| RCW 18-79-110 [18.79.110] and 18.79.050 |
Nursing Care Quality Assurance Commission | WAC 246-840-740 Sexual misconduct prohibited, updating and providing clarity. | Anticipate
filing 7/2012 |
Terry West (360) 236-4712 |
|||
| ESHB 2314 (chapter 164, Laws of 2012) | Nursing Care Quality Assurance Commission | WAC 246-840-910 through 246-840-970, nurse delegation rules. | Anticipate
filing 8/2012 |
Terry West (360) 236-4712 |
|||
| ESSB 6237 (chapter 153, Laws of 2012) |
Nursing Care Quality Assurance Commission | WAC 246-840-010 and 246-840-840, nursing technicians, adding clinics to facilities that may employee nursing technicians. | Anticipate
filing 9/2012 |
Terry West (360) 236-4712 |
|||
| RCW 18.79.110 |
Nursing Care Quality Assurance Commission | WAC 246-840-045 Initial licensure for nurses who graduate from international schools of nursing. | Anticipate
filing 8/2012 |
Terry West (360) 236-4712 |
|||
| ESHB 2473 (chapter 208, Laws of 2012) |
Nursing Care Quality Assurance Commission | Chapter 246-841 WAC, Nursing assistant certified -- Medication assistant endorsement. | Anticipate
filing 8/2012 |
Terry West (360) 236-4712 |
|||
| RCW 18.130.250 |
Nursing Care Quality Assurance Commission | Chapter 246-840 WAC establishing a nursing retired active license. | Anticipate
filing 9/2012 |
Terry West (360) 236-4712 |
|||
| ESHB 2366 (chapter 181, Laws of 2012) | Occupational Therapy Practice Board | Chapter 246-847 WAC, Occupational therapists, continuing education for suicide assessment. | Anticipate
filing 7/2012 |
Janette
Benham (360) 236-4857 |
|||
| 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 7/17/2008 |
Suspended
until 2012
due to EO
10-06. Continuing suspension until 2013 due to EO 11-03. |
Janette
Benham (360) 236-4857 |
||
| RCW 18.92.030 |
Veterinary Board of Governors | WAC 246-933-460 Courses approved by the veterinary board, amending the list of approved organizations. |
10-13-095 6/16/2010 |
10-21-081 10/19/2010 |
Suspended
until 2012
due to EO
10-06 Continuing suspension until 2013 due to EO 11-03. |
Judy Haenke (360) 236-4947 |
|
| RCW 18.92.030 18.130.050 |
Veterinary Board of Governors | Chapter 246-933 WAC, Reinstating an expired veterinary license. | 12-14-048 6/28/2012 |
Judy Haenke (360) 236-4947 |
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.
Department means the department of health.
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.
EO is the Executive Order 10-06 of 2010.
EO is the Executive Order 11-03 of 2011.
Blank cells in tables mean the anticipated filing date is not known at the time this rules agenda is filed.
TBD - To be determined is when a date is still being discussed.
RCW is the Revised Code of Washington.
SBOH means the state board of health.
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.