WSR 09-16-121

EXPEDITED RULES

STATE BOARD OF HEALTH


[ Filed August 4, 2009, 2:52 p.m. ]

Title of Rule and Other Identifying Information: Chapter 246-762 WAC, Scoliosis screening-school districts, repealing chapter due to passage of HB 1322 (chapter 41, Laws of 2009).

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Tara Wolff, Washington State Board of Health, P.O. Box 47990, Olympia, WA 98504 , AND RECEIVED BY October 5, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule change will repeal chapter 246-762 WAC. Schools will no longer be required to screen students for scoliosis annually in grades five, seven, and nine.

Reasons Supporting Proposal: In 2009, HB 1322 was signed into law. This bill repeals RCW 28A.210.180, 28A.210.190, 28A.210.200, 28A.210.210, 28A.210.220, 28A.210.240, and 28A.210.250. HB 1322 repealed the statutory authority for chapter 246-762 WAC. Screening asymptomatic adolescents for scoliosis in a school setting is not evidence-based and can be a burden for schools and students. RCW 34.05.353 (2)(a) allows for the use of expedited repeal [and] is being using [used] since the statutes on which the rule is based have been repealed and have not been replaced by another statute providing statutory authority for the rule (chapter 246-762 WAC).

Statutory Authority for Adoption: HB 1322 (chapter 41, Laws of 2009).

Statute Being Implemented: HB 1322 (chapter 41, Laws of 2009).

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

Name of Proponent: State legislature and Washington state board of health, governmental.

Name of Agency Personnel Responsible for Drafting: Tara Wolff, P.O. Box 47990, Olympia, WA 98504, (360) 236-4101; Implementation and Enforcement: Superintendant [Superintendent] of Public Instruction, 600 Washington Street S.E., Olympia, WA 98501, (360) 725-6000.

August 4, 2009

Craig McLaughlin

Executive Director

OTS-2553.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 246-762-001 What is the purpose of scoliosis screening in public schools?
WAC 246-762-010 What words and terms are defined for this chapter?
WAC 246-762-020 When are students screened for scoliosis?
WAC 246-762-030 What are the qualifications for persons who do screening?
WAC 246-762-040 What are the medical standards for screening?
WAC 246-762-050 What happens to screening results?

Washington State Code Reviser's Office