WSR 02-10-132

EXPEDITED RULES

DEPARTMENT OF HEALTH


[ Filed May 1, 2002, 11:20 a.m. ]

Title of Rule: Chapter 246-333 WAC, Eye banks (Anatomical gifts -- Corneal tissue).

Purpose: Chapter 246-333 WAC implements RCW 68.50.630 which states that corneal tissue may be provided by eye banks licensed by the secretary of health under rules promulgated by the Department of Health.

Other Identifying Information: The proposed rule repeals the chapter of the Washington Administrative Code which applies to this RCW.

Statutory Authority for Adoption: RCW 68.50.630.

Statute Being Implemented: RCW 68.50.630.

Summary: The 2002 legislature passed SB 6587, which repeals RCW 68.60.630, state regulation of eye banks.

Reasons Supporting Proposal: The existing rules are no longer necessary because the underlying statute has been repealed.

Name of Agency Personnel Responsible for Drafting: Yvette Lenz, 2725 Harrison Avenue N.W., Suite 500, Olympia, WA 98504-7852, (360) 705-6661; Implementation: Byron Plan, 2725 Harrison Avenue N.W., Suite 500, Olympia, WA 98504-7852, (360) 705-6780; and Enforcement: Gary Bennett, 2725 Harrison Avenue N.W., Suite 500, Olympia, WA 98504-7852, (360) 705-6651.

Name of Proponent: Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule repeals chapter 246-333 WAC, Eye banks (Anatomical gifts -- Corneal tissue). The rules are being repealed as a result of SB 6587, which passed in the 2002 legislative session. This bill repealed RCW 68.50.630, which stated that corneal tissue may be provided by eye banks licensed by the secretary of health under rules promulgated by the Department of Health. The passage of this bill removed statutory authority for these rules. There is currently only one eye bank licensed by the Department of Health. They are also regulated by the Federal Food and Drug Administration; state deregulation would not have a negative impact on public health.

Proposal Changes the Following Existing Rules: The proposed rule repeals chapter 246-333 WAC.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Yvette Lenz, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852 , AND RECEIVED BY July 1, 2002.


April 30, 2002

Mary C. Selecky

Secretary

OTS-5592.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 246-333-010 Definitions.
WAC 246-333-020 Approval process.
WAC 246-333-030 HIV/AIDS education and training.
WAC 246-333-040 Records.

Washington State Code Reviser's Office