WSR 03-09-126



[ Filed April 23, 2003, 9:14 a.m. ]

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

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.210.140.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This inquiry is being conducted in conformance with Executive Order 97-02, which requires review of all agency rules that have significant effects on businesses, labor, consumers, and the environment. The current rule may not meet the clarity criteria and may need to be redrafted to reduce the likelihood of confusion and to increase readability. Additionally, new technology makes it possible to consider a single reporting date for schools, and preschools and child care centers and to offer electronic filing in addition to the paper form specified in the current rule.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: RCW 28A.210.150 requires the superintendent of public instruction to "provide procedures for schools to quickly verify the immunization records of students transferring from one school to another before immunization records are received." The State Board of Education, under chapter 180-38 WAC, sets procedural and substantive due process requirements governing exclusion of students for failure to comply with immunization requirements. Department of Social and Health Services sets immunization requirements for children in licensed day care settings under WAC 388-150-220. The board and department will work with these agencies to assure they are informed of any change in immunization requirements.

Process for Developing New Rule: Collaborative rule making. The Board of Health and Department of Health will work together and consult with interested parties to develop the proposed rule. In addition to working with the agencies identified in the previous section, the department and board will contact local health jurisdictions, schools, vaccine providers, the child care action council, child care resource and referral groups and other interested parties. The board and department will invite all interested persons to comment on the proposed rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Craig McLaughlin, Senior Policy Manager, Washington State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, phone (360) 236-4106, fax (360) 236-4088, e-mail; or Tawney Harper, Vaccines for Children Program Coordinator, Washington State Department of Health, Immunization Program, P.O. Box 47843, Olympia, WA 98504-7843, phone (360) 236-3525, fax (360) 236-3590, e-mail

April 14, 2003

Don Sloma

Executive Director

Legislature Code Reviser 


Washington State Code Reviser's Office