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 December 3, 2011, directing agencies under her jurisdiction to suspend until 2013 noncritical rule development and adoption activities. For those rules that were suspended the department is reviewing them to determine when the rules should be reactivated.
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.
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 7.70.060 70.24.380 |
SBOH | WAC 246-100-207 (1)(a) Human immunodeficiency virus (HIV) clarifying informed consent. | 12-15-080 7/18/2012 |
12-20-083 10/3/2012 Rule making was requested by regulated entity. |
Anticipate filing 1/2013 | Maraia
Couragen (360) 236-3458 |
|
| RCW 43.20.050 70.119A.080 | SBOH | WAC 246-203-103 Keeping of animals. |
09-17-132 8/19/2009 |
Rule making was suspended until 2013 due to EO 11-03. | Ned Therien (360) 236-4103 | ||
| RCW 43.20.050 and 43.20.145 | SBOH | Chapter 246-215 WAC, Food service. | 10-04-068 1/29/2010 |
12-17-160 8/22/2012 Rule continuation requested by regulated community. Necessary to protect public health. |
Anticipate filing 1/2013 | Joe Graham (360) 236-3305 |
|
| RCW 43.20.050 | SBOH | 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. SBOH does not currently regulate remediation technologies. | 06-12-108 6/7/2006 | Rule making was suspended until 2013 due to EO 11-03. | Stuart Glasoe (360) 236-3246 |
||
| RCW 69.30.030 | SBOH | WAC 246-282-006 Vibrio parahaemolyticus (VP) control plan. |
12-24-036 11/29/2012 |
Anticipate
filing 1/2014. Rule necessary to protect public health. |
Rick Porso (360) 236-3302 | ||
| RCW 43.20.050(2) | SBOH | 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 |
Filing date
pending
federal
action. Rule requested by regulated community to protect public health. |
Ned Therien (360) 236-4103 | ||
| RCW 43.20.050 | SBOH | Chapter 246-390 WAC, Drinking water laboratory certification, establishing reporting requirements to the DOH; removing duplication of requirements with department of ecology. | 06-23-077 11/13/2006 | Rule making was suspended until 2013 due to EO 11-03. | Theresa
Phillips (360) 236-3147 |
| 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 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Janette Benham (360) 236-4857 | ||
| HB 1181 (chapter 41, Laws of 2011) and SSB 5152 (chapter 40, Laws of 2011) | Board of naturopathy | WAC 246-836-080 Naturopathy continuing competency program requirements. | Anticipate filing in 2013 | Sue 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 | Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Kendra
Pitzler (360) 236-4723 |
||
| RCW 18.54.070 | Board of optometry | WAC 246-851-235 Credits for cultural competency in clinical care. | 10-05-060 2/11/2010 |
10-21-104 10/20/2010 (expired) Rule making was suspended until 2013 due to EO 11-03. Rule is being reviewed for possible reactivation. |
Judy
Haenke (360) 236-4947 |
||
| RCW 18.25.0171 | Chiropractic quality assurance commission | WAC 246-808-180 Expired licenses. | 12-01-129 12/21/2011 Rule is necessary to protect public health, safety, and welfare. |
12-21-121 10/23/2012 Hearing 12/13/2012 |
Anticipate adoption 2013 | 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 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
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. |
11-03-017 2/22/2010 |
Rule making
was
suspended
until 2013
due to EO
11-03 Rule is being reviewed for possible reactivation. |
Leann Yount (360) 236-4856 | ||
| RCW 18.32.0365 | Dental quality assurance commission | WAC 246-817-510, 246-817-520, 246-817-525, 246-817-540, 246-817-545, expanded function dental auxiliaries (EFDA) acts that may not be performed by registered dental assistants or noncredentialed persons. | 10-23-081 11/15/2010 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Jennifer
Santiago (360) 236-4893 |
||
| E2SSB 5620 (chapter 23, Laws of 2012); | Dental quality assurance commission | Chapter 246-817 WAC, Dental anesthesia assistant certification, establishing a new profession. | 12-14-068 7/2/2012 |
Anticipated filing spring 2013. | Jennifer
Santiago (360) 236-4893 |
||
| 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 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Jennifer
Santiago (360) 236-4893 |
||
| HB 2056 (chapter 10, Laws of 2012) | DOH | Multiple sections of TITLE 246 WAC, replacing the term "boarding home" with "assisted living facility" in department rules. | Anticipate filing 2013 | John Hilger (360) 236-2929 |
|||
| RCW 43.70.040 | DOH | WAC 246-12-050 How to obtain a temporary practice permit national background check. | 12-23-045 11/16/2012 Expedited rule under RCW 34.05.353 |
Anticipate adoption spring 2013 | Andy
Fernando (360) 236-4692 |
||
| SB 6290 (chapter 45, Laws of 2012) | DOH | Chapter 246-12 WAC, Administrative procedures and requirements for credentialed health care providers, establishing military status and military spouse inactive license status. | 12-14-033 6/22/2012 Rule making required by state law. |
Anticipate filing 2013 | Billie Jo
Dale (360) 236-47852 [(360) 236-4841] |
||
| RCW 43.70.250 | DOH | WAC 246-282-990
Sanitary control of
shellfish -- Fees--Commercial geoduck
paralytic shellfish
poisoning (PSP)
testing. Annual adjustment of PSP testing fees based on the number of tests done in 2012. |
Anticipate filing 3/2013 | Brandy
Brush (360) 236-3342 |
|||
| RCW 70.98.050 | DOH | Chapter 246-247 WAC, Radiation protection -- Air emission. | 05-12-140 6/1/2005 |
Rule making was suspended until 2013 due to EO 11-03 | Michelle
Austin (360) 236-3250 |
||
| RCW 70.98.085 (chapter 19, Laws of 2012) | DOH | Chapter 246-249 WAC, Radioactive
waste -- Use of the
commercial
disposal site. Chapter 246-254 WAC, Low-level radioactive waste site use permit fees for generator or broker. Transfer of the site use permit program from department of ecology to DOH. |
Anticipate filing 2/2013 | Michelle
Austin (360) 236-3250 |
|||
| RCW 70.98.050 | DOH | Chapter 246-232 WAC, Radioactive
material -- Licensing
applicability. Chapter 246-233 WAC, Radioactive material -- General licenses. Chapter 246-235 WAC, Radioactive material -- Specific licenses. Adopt Nuclear Regulatory Commission rule changes for compatibility. |
Anticipate filing 2/2013 | Michelle
Austin (360) 236-3250 |
|||
| RCW 70.98.050 | DOH | Chapter 246-220 WAC, Radiation
protection -- General provisions. Chapter 246-221 WAC, Radiation protection standards. Chapter 246-222 WAC, Radiation protection -- Worker rights. Adopt Nuclear Regulatory Commission rules for compatibility. |
Anticipate filing 3/2013 | Michelle
Austin (360) 236-3250 |
|||
| RCW 70.119.050 | DOH | Chapter 246-292 WAC, Waterworks operator certification. | 09-21-043 10/13/2009 |
Anticipate
filing
6/2013 Rule necessary to implement legislation, and is a benefit to regulated community. |
Theresa
Phillips (360) 236-3147 |
||
| RCW 70.230.010 70.230.020 |
DOH | WAC 246-330-010 Definitions for ambulatory surgical facilities. | 12-23-046 11/16/2012 Expedited rule making under RCW 34.05.353 |
Anticipate filing spring 2013 | Maura
Craig (360) 236-4997 |
||
| Chapter 43.70 RCW | DOH | Chapter 246-809 WAC, Counselors, marriage and family therapists, and social workers; chapter 246-811 WAC, Chemical dependency professionals; chapter 246-810 WAC, Certified counselors and advisors -- Suicide continuing education training. | 12-16-058 7/30/2012 Rule making required by state law. |
Anticipate filing spring 2013 | Betty Moe (360) 236-4912 |
||
| RCW 18.135.030 (chapter 153, Laws of 2012) |
DOH | Chapter 246-826 WAC, Health care assistants amending the rules to align with new rules for medical assistants. | 12-23-044 11/16/2012 Rule making necessary to comply with state law. |
Anticipate filing spring 2013 | Brett Cain (360) 236-4766 |
||
| Chapter 153, Laws of 2012 | DOH | New chapter 246-827 WAC, Establishing the medical assistant profession. | 12-14-098 7/3/2012 Rule making required by state law. |
Anticipate filing spring 2013 | Brett Cain (360) 236-4766 |
||
| RCW 18.130.050 (chapter 137, Laws of 2012) |
DOH | New chapter 246-831 WAC, Reflexology. Establishing a new profession; includes the certification requirements and fees. | 12-14-069 7/2/2012 |
Anticipate filing 2013 | Kris
Waidely (360) 236-4847 |
||
| RCW 18.89.050 18.89.140 |
DOH | WAC 246-928-442 Respiratory therapist acceptable continuing education. | 10-17-098 8/17/2010 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Susan
Gragg (360) 236-4941 |
||
| RCW 18.89.040 | DOH | WAC 246-928-XXX Respiratory therapist scope of practice regarding administration of medications. | 10-17-099 8/17/2010 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Susan
Gragg (360) 236-4941 |
||
| RCW 70.225.020 70.225.025 (chapter 192, Laws of 2012) |
DOH | Chapter 246-470 WAC, Prescription monitoring program. Alternative reporting for veterinarians. | 12-14-034 6/26/2012 Rule making required by state law |
Anticipate filing 2013 | Lisa
Hodgson (360) 236-2927 |
||
| RCW 18.84.040 | DOH | WAC 246-926-180, amending the parenteral procedures for radiologic technologists. | 10-15-101 7/20/2010 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Susan
Gragg (360) 236-4941 |
||
| RCW 18.36A.060 | DOH | WAC 246-836-080 Continuing competency program requirements for naturopathic physicians. | 10-16-106 8/2/2010 Rule making was suspended until 2013 due to EO 11-03 |
CR-101 will
be
withdrawn. Rule authority is now under the board of naturopathy. |
Susan
Gragg (360) 236-4941 |
||
| RCW 18.36A.060 and 18.36A.100 | DOH | Chapter 246-836 WAC, amending accreditation requirements for naturopathic medical educational institutions. | 10-15-097 7/20/2010 Rule making was suspended until 2013 due to EO 11-03 |
CR-101 will
be
withdrawn. Rule authority is now under the board of naturopathy. |
Susan
Gragg (360) 236-4941 |
||
| RCW 18.36A.060 | DOH | WAC 246-836-010 and 246-836-210, nonsurgical cosmetic procedures by naturopathic physicians. | 10-15-098 7/20/2010 Rule making was suspended until 2013 due to EO 11-03. |
CR-101 will
be
withdrawn. Rule authority is now under the board of naturopathy. |
Susan
Gragg (360) 236-4941 |
||
| RCW 43.70.040 70.38.135 |
DOH | WAC 246-310-XXX Hospital acute care bed methodology. | 09-16-118 8/4/2009 |
Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
John Hilger (360) 236-2929 |
||
| RCW 43.70.040 70.38.135 |
DOH | WAC 246-310-XXX, revising and updating the certificate of need adjudicative proceeding rules. | Anticipate filing 2013 | John Hilger (360) 236-2929 |
|||
| RCW 71.12.670 | DOH | Chapter 246-337 WAC, Residential treatment facilities, revise to align with current law and practices. | 12-22-029 10/31/2012 Rule making necessary to protect public health. |
Barbara
Runyon (360) 236-2937 |
|||
| Chapter 70.185 RCW | DOH | Chapter 246-562 WAC, Physician visa waivers, revising rules consistent with current law. | Anticipate filing 2013 | Renee
Fullerton (360) 236-2814 |
|||
| ESHB 2314 (chapter 164, Laws of 2012), chapters 18.88B and 18.130 RCW | DOH | Chapter 246-980 WAC, Home care aid, addressing recent changes in law and application process. | 13-01-094 12/19/2012 Rule making necessary to comply with state law. |
Anticipate filing 2013 | Kendra
Pitzler (360) 236-4723 |
||
| RCW 70.119.050 | DOH | Chapter 246-292 WAC, Waterworks operator certification, incorporating changes in state law. | 09-21-043 10/13/2009 Rule necessary to implement legislation, and is a benefit to regulated community. |
Theresa
Phillips (360) 236-3147 |
|||
| RCW 70.290.060 | DOH | New chapter in TITLE 246 WAC, Health benefit plans and third party administrators -- Civil penalties. | Anticipate
filing 1/31/2013 |
Jeff Wise (360) 236-3483 | |||
| ESHB 2366 (chapter 181, Laws of 2012) |
Examining board of psychology | Chapter 246-924 WAC, Psychology -- Suicide continuing education and training. | 12-17-137 8/21/2012 Rule making necessary to implement state law. |
Anticipate filing 2013 | 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 246-918-XXX (physician assistants), requiring additional practice information at renewal. | 09-14-114 6/30/2009 |
10-21-098 6/30/2009 (expired) Rule making was suspended until 2013 due to EO 11-03. Rule is being reviewed for possible reactivation. |
Julie Kitten (360) 236-2757 |
||
| Chapter 7,
Laws of
2012 2nd
sp. sess., 18.79.110 |
Nursing care quality assurance commission | Chapter 246-840 WAC, establishing a retired active license status for nurses. | 12-20-020 9/24/2012 Rule making requested by regulated entities. |
Anticipate filing 2013 | Paula
Meyer (360) 236-2714 |
||
| ESSB 6237 (chapter 153, Laws of 2012) | Nursing care quality assurance commission | WAC 246-840-010 Definitions, 246-840-840 Nursing technician -- Adding clinics to the facilities where a nursing technician may work. | Anticipate filing 2013 | Mary Dale (360) 236-2477 |
|||
| RCW 18.79.110 | Nursing care quality assurance commission | WAC 246-840-045, 246-840-130, reducing licensing barriers for registered nurses and practical nurses who graduate from an International Schools of Nursing. | 12-17-079 8/14/2012 Rule making requested by regulated entities. |
Paula
Meyer (360) 236-2714 |
|||
| ESHB 2314 (chapter 164, Laws of 2012) | Nursing care quality assurance commission | WAC 246-840-910 through 246-840-970, nurse delegation; adding home care aides to the list of providers eligible for delegation. | Anticipate filing 2013 | Mary Dale (360) 236-2477 |
|||
| RCW 18.79.110 18.130.050 |
Nursing care quality assurance commission | WAC 246-840-740 Sexual misconduct prohibited, updating the 1999 rules. | 12-17-017 8/2/2012 Rule making necessary to protect public health. |
Paula
Meyer (360) 236-2714 |
|||
| ESHB 2473 (chapter 208, Laws of 2012) |
Nursing care quality assurance commission | Chapter 246-841 WAC, Nursing assistant-certified medication assistant endorsement, new credential. | 12-20-019 9/24/2012 Rule making necessary to implement state law. |
Anticipate filing 2013 | Paula
Meyer (360) 236-2714 |
||
| 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 | Rule making
was
suspended
until 2013
due to EO
11-03. Rule is being reviewed for possible reactivation. |
Janette
Benham (360) 236-4857 |
||
| ESHB 2366 (Chapter 181, Laws of 2012) |
Occupational therapy practice board | WAC 246-847-___ Suicide continuing education training. | Anticipate filing in 2013 | Janette
Benham (360) 236-4857 |
|||
| RCW 18.92.030 and 18.130.050 |
Veterinary board of governors | WAC 246-933-XXX Expired license, requirements for reinstating an expired license. | 12-14-048 6/28/2012 Beneficial to regulated entities. |
Judy
Haenke (360) 236-4947 |
|||
| RCW 18.92.030 | Veterinary board of governors | WAC 246-933-460 Continuing education courses, approved by the veterinary board. | 10-13-095 6/15/2010 |
10-21-081 10/19/2010 (expired). Rule making was suspended until 2013 due to EO 11-03. Rule is being reviewed for possible reactivation. |
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.
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 11-03 of 2010.
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.
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.