WSR 09-16-052

AGENDA

DEPARTMENT OF HEALTH

STATE BOARD OF HEALTH

[ Filed July 28, 2009, 4:00 p.m. ]


July 2009

Rules Agenda



     This report details current and anticipated rule-making activities for the department of health (DOH) and the state board of health (SBOH). If you have any questions regarding this report or department of health rule-making activities, please contact Tami Thompson at (360) 236-4044. If you have any questions regarding state board of health rule-making activities please contact Craig McLaughlin at (360) 236-4106.

     This agenda is for information purposes, and the noted dates of anticipated rule-making actions are estimates. 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.

State Board of Health
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.165.025 State board of health Chapter 246-760 WAC, Vision screening in schools. Anticipate Filing 12/2009 CFH - Teresa Cooper

(360) 236-3530

RCW 28A.210.140 State board of health WAC 246-105-040

Requirements based on national immunization guidelines.

Anticipate filing 12/2009 CFH - Jeff Wise

(360) 236-3483

RCW 43.20.050 State board of health WAC 246-100-011 HIV-AIDS partner notification. 08-21-034

10/8/2008

Anticipate filing 12/2009 CFH - John Peppert

(360) 236-3427

RCW 43.20.050 State board of health WAC 246-100-191 Animals, birds, pets, measures to prevent human disease.

WAC 246-100-201 Birds, measures to prevent psittacosis.

07-10-117 5/2/2007 Anticipate filing 1/2010 EH - Liz Dykstra

(360) 236-3223

RCW 43.20.050 State board of health Chapter 246-101 WAC, Notifiable conditions. Anticipate filing 12/2009 EHSPHL - Pamela Lovinger

(360) 236-4225

RCW 43.20.050 State board of health Chapter 246-260 WAC, Water recreation facilities, and chapter 246-262 WAC, Recreational water contact facilities. Proposal is exempt under RCW 34.05.310(4) Anticipate filing by 10/2009 EH - Mark Soltman

(360) 236-3366

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 Anticipate filing 12/2009 EH - Melissa McEachron

(360) 236-3265

RCW 43.20.050 State board of health Chapter 246-272C WAC, a new chapter establishing standards for sewage (septic) tanks. WSR 04-03-010 listed standards for large on-site sewage systems (LOSS) and sewage tanks. 06-06-051 2/28/2006 Anticipate filing 8/2009 EH - Melissa McEachron

(360) 236-3265

RCW 43.20.050 State board of health (delegated to department of health) Chapter 246-290 WAC, Group A public water supplies -- Stage 2. 08-17-074

8/19/2008


09-10-091

5/6/2009

Anticipate filing by 10/2009 with effective date of 1/4/2010 EH - Michelle Austin

(360) 236-3156

RCW 43.20.050 State board of health Chapter 246-290 WAC, Group A public water supplies -- Lead and copper. 09-15-040

1/8/2009

Anticipate filing by 7/20/2010 EH - Theresa Phillips

(360) 236-3147

RCW 43.20.050, 70.119A.080 State board of health (delegated to department of health) Chapter 246-290 WAC, Group A public water supplies -- Groundwater. 07-24-072

12/4/2007

Anticipate filing 7/2010 EH - Theresa Phillips

(360) 236-3147

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 by 8/2010 EH - Theresa Phillips

(360) 236-3147

RCW 43.20.050 State board of health Chapter 246-366 WAC, Primary and secondary schools. 04-20-050 10/1/2004 08-15-174 7/23/2008

supplemental filing

09-14-136 7/1/2009

Anticipate filing 12/2009 SBOH - Ned Therien

(360) 236-4103

RCW 43.20.050 State board of health Chapter 246-390 WAC, Drinking water laboratory certification. 06-23-077 11/13/2006 On hold EH - Theresa Phillips

(360) 236-3147

RCW 70.24.130 State board of health WAC 246-100-202 Special diseases -- Sexual transmitted duties and authorities. 08-24-036

11/25/2008

09-11-110

5/19/2009

Anticipate filing 12/2009 CFH - Bat-Sheva Stein

(360) 236-3582

RCW 70.58.055 State board of health WAC 246-491-039 Confidential information on Washington birth/fetal certificates. Anticipate filing by 9/2009 EHSPHL - Pamela Lovinger

(360) 236-4225

RCW 70.62.240 State board of health Chapter 246-360 WAC, Transient accommodations. 07-14-148 7/5/2007 HSQA - John Hilger

(360) 236-2929

Chapter 41, Laws of 2009 State board of health Chapter 246-762 WAC, Scoliosis screening in school districts. Anticipate filing CR-105 by 8/2009 SBOH - Tara Wolff

(360) 236-4101

Department of Health

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

Jenette Benham

(360) 236-4857

RCW 18.35.161, chapter 301, Laws of 2009 Board of hearing and speech Chapter 246-828 WAC, Hearing and speech, amending the chapter to add the requirements, including the fees, for the new speech and language pathology assistant profession and for general housekeeping changes. 09-15-114

7/17/2009

Jenette Benham

(360) 236-4857

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 HSQA - Kendra Pitzler

(360) 236-4723

RCW 18.130.050, 18.57.005, 18.57A.020 Board of osteopathic medicine and surgery Chapter 246-853 WAC, Osteopathic physicians; chapter 246-854 WAC, Osteopathic physician assistants -- Sedation and anesthesia. 07-16-141 8/1/2007 HSQA - Erin Obenland

(360) 236-4945

RCW 18.130.050, 18.57.005, 18.57A.020 Board of osteopathic medicine and surgery Chapter 246-853 WAC, Osteopathic physician; chapter 246-854 WAC, Osteopathic physician assistant. Delegation and supervision of nonsurgical cosmetic procedure. 07-16-143 8/1/2007 HSQA - Erin Obenland

(360) 236-4945

Chapter 18.64 RCW Board of pharmacy WAC 246-870-060. HSQA - Doreen Beebe

(360) 236-4834

RCW 18.64.005 Board of pharmacy WAC 246-869-090 Prescription transfers. Expedited rule-making notice filed under RCW 34.05.353 09-06-018

2/20/2009

Anticipate filing 8/2009 HSQA - Doreen Beebe

(360) 236-4834

RCW 18.64.005 Board of pharmacy Chapter 246-886 WAC, Animal control -- Legend drug sodium pentobarbital. 09-11-049

5/13/2009

Anticipate filing by 12/2009 HSQA - Doreen Beebe (306) 236-4834
RCW 18.64.005 Board of pharmacy New chapter 246-852 WAC, Genetic counselors. Anticipate filing 8/2009 HSQA - Doreen Beebe

(360) 236-4834

RCW 18.64.005(7) Board of pharmacy WAC 246-865-060 Extended care facility -- Pharmaceutical services, allowing pharmacies to register as a controlled substance registrant to receive outdated, discontinued, or unwanted controlled substance prescription from extended care facilities. 04-21-078 10/20/2004 HSQA - Lisa Hodgson

(360) 236-2927

RCW 18.64.005(7), 69.50.201 Board of pharmacy WAC 246-887-170 Regulations implementing the Uniform Controlled Substances Act. Placement of the substance, carisoprodol, in Schedule IV of the Uniform Controlled Substances Act. 03-09-124 4/23/2003 Anticipate filing by 8/20090 [2009] HSQA - Lisa Hodgson

(360) 236-2927

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 HSQA - Doreen Beebe

(360) 236-4834

RCW 18.64.005, 69.41.075 Board of pharmacy WAC 246-883-020 Identification of legend drugs. 09-15-061

7/10/2009

HSQA - Doreen Beebe

(360) 236-4834

RCW 18.25.0171, 18.130.050 (1), (12) Chiropractic quality assurance commission Chapter 246-808 WAC, Chiropractic quality assurance commission (CQAC) is considering amending the documentation of care rule. In addition, CQAC may amend the continuing education rule as well. 07-20-038 9/25/2007 Anticipate filing 12/2009 HSQA - Leann Yount

(360) 236-4856

RCW 18.32.040 Dental quality assurance commission Issuance of dental limited licenses -- Residency programs. HSQA - Jennifer Santiago

(360) 236-4893

RCW 18.36A.060 Department of health WAC 246-836-080 Continuing competency program requirements for naturopathic physicians. 08-17-041

8/14/2008

HSQA - Susan Gragg

(360) 236-4941

Chapter 18.84 RCW Department of health Chapter 246-926 WAC, Radiologist assistants and advanced level radiological technologist. 08-17-040

8/14/2008

Anticipated filing date 10/2009 HSQA - Susan Gragg

(360) 236-4941

Chapters

18.88A, 74.39 RCW,

new chapter within Title 18 RCW

Department of health Chapter 246-XXX WAC, creating a new chapter to establish certification requirements for home care aides. 09-07-053

3/11/2009

HSQA - Kendra Pitzler

(360) 236-4723

Chapter 18.135 RCW, chapter 43, Laws of 2009 Department of health Chapter 246-826 WAC, amending the chapter to expand the scope of practice for health care assistants to administer certain medications. 09-15-189

7/22/2009

HSQA - Erin Obenland

(360) 236-4945

RCW 43.70.040,

70.38.135

Department of health WAC 246-310-XXX Hospital acute care bed methodology. Anticipate filing 9/2009 HSQA - John Hilger

(360) 236-2929

RCW 43.70.110, 43.70.040 Department of health Chapter 246-314 WAC, Revising the construction review services standards. Anticipate filing 9/2009 HSQA - John Hilger

(360) 236-2929

RCW 43.70.120

and chapter 215, Laws of 2008

Department of health WAC 246-780-001 through 246-780-060, Farmers market nutrition program (FMNP). 08-19-012

9/4/2008

CFH - Janice Boden

(360) 236-3610

RCW 43.70.120 and 7 C.F.R. 246 Department of health WAC 246-790-060 Women, infant, and children's nutrition program authorized foods. 08-16-036

7/29/2008

Anticipate filing 12/2009 CFH - Janice Boden

(360) 236-3610

RCW 43.70.150,

chapter 70.58 RCW

Department of health Chapter 246-XXX WAC, Electronic death registration system (EDRS). 07-08-051 3/29/2007 EHSPHL - Philip Freeman

(360) 236-4330

RCW 43.70.250 Department of health WAC 246-282-990 Sanitary control of shellfish -- Fees. 09-15-187

7/22/2009

Anticipate filing by 9/2009 EH - Brandy Brush (360) 236-3342
RCW 43.70.259, 43.70.280 Department of health WAC 246-919-990, 246-918-990, physician and surgeon and physician assistant fees. Proposal is exempt under RCW 34.05.310(4) 09-13-088

6/16/2009

Anticipate filing 8/2009 HSQA - Dianna Staley

(360) 236-4997

RCW 43.70.340 Department of health WAC 246-358-990 Temporary worker housing fee, 246-359-990 Temporary worker housing construction standard fees, 246-361-990 Cherry harvest camp fees. 07-17-171 8/22/2007 HSQA - John Hilger

(360) 236-2929

RCW 64.44.070 Department of health Chapter 246-205 WAC, Decontamination of illegal drug manufacturing storage sites. Proposal is exempt under RCW 34.05.310(4) Anticipate filing by 9/2009 EH - Mark Soltman

(360) 236-3366

Chapter 70, Laws of 2007 Department of health New chapter 246-XXX WAC relating to certification of animal massage practitioners. 07-18-016 8/24/2007 HSQA - Judy Haenke (360) 236-4828
RCW 70.54.340 Department of health Chapter 246-145 WAC amending the chapter to adopt sterilization and infection control requirements which will be enforced by the department of licensing. OS - Patti Rathbun

(360) 236-4067

RCW 70.98.050 Department of health Chapter 246-231 WAC, Packaging and transportation of radioactive material and chapter 246-240 WAC, Radiation protection -- Medical use of radioactive material. Proposal is exempt under RCW 34.05.310(4) Anticipate filing by 9/2009 EH - Traci Black

(360) 236-3259

RCW 70.98.050 Department of health Chapter 246-247 WAC, Radiation protection -- Air emission. 05-12-140 6/1/2005 EH - Traci Black (360) 236-3259
RCW 70.98.050 Department of health Chapter 246-255A WAC, Dental X-ray radiation safety and diagnostic imaging quality standards. Anticipate filing 8/2009 EH- Traci Black

(360) 236-3259

Chapter 70.185 RCW Department of health Chapter 246-562 WAC, J-1 physician visa waiver regulations. 08-14-077 6/26/2008 Anticipate filing by 12/2009 HSQA - Jennell Prentice

(360) 236-2814

Chapter 70.225 RCW Department of health TITLE 246 WAC, adding new chapter for prescription monitoring program (PMP). 08-15-085 7/16/2008 Note: Rule making is suspended at this time HSQA - Doreen Beebe

(360) 236-4834

Chapter 70.54 RCW Department of health Chapter 246-102 WAC, Cancer registry. 09-15-186

7/22/2009

CFH - Katie Golub

(360) 236-3624

RCW 70.118B.040 Department of health Chapter 246-272B WAC, Large on-site sewage system (LOSS) regulations. 08-03-065 1/14/2008 Anticipate filing 12/2009 EH - Kelly Cooper

(360) 236-3012

RCW 70.168.050, 70.168.060 Department of health WAC 246-976-485 through 246-976-887, EMS and trauma system's trauma service designation rules for adult and pediatric trauma care. 08-18-039

8/28/2008

Anticipate filing by 8/2009

HSQA - Maura Craig (360) 236-4987
RCW 70.168.060, 70.168.090 Department of health Trauma registry standards: WAC 246-976-420 Trauma registry -- Department responsibilities and 246-976-430 Trauma registry -- Provider responsibilities . 06-02-086 1/4/2006 Anticipate filing 9/2009 HSQA - Kathy Schmitt

(360) 236-2869

RCW 90.46.015 Department of health Chapter 246-XXX WAC, Greywater. 09-15-188

7/22/2009

Anticipate filing by 7/2010 EH - Maryanne Guichard

(360) 236-3391

RCW 18.130.050, 18.71.017, 18.71A.020 Medical quality assurance commission Chapter 246-919 WAC, Physicians and chapter 246-918 WAC, Physician assistants. Delegation and supervision of nonsurgical cosmetic procedures. 07-08-103 4/4/2007 Anticipate filing by 12/2009 HSQA - Beverly Thomas

(360) 236-4788

RCW 18.130.050, 18.71A.020 Medical quality assurance commission New sections in chapter 246-918 WAC, Safe and effective analgesia and anesthesia administration in office-based surgery settings as it applies to physician assistants. 07-23-125 11/21/2007 HSQA - Beverly Thomas

(360) 236-4788

RCW 18.71.017 Medical quality assurance commission WAC 246-919-601 Safe and effective analgesia and anesthetic administration in office-based surgical settings. The commission is considering proposed rules for physicians who perform surgery within their offices. 07-03-178 1/24/2007 Anticipated filing by 12/2009 HSQA - Beverly Thomas

(360) 236-4788

RCW 18.79.010, 18.79.110 Nursing care quality assurance commission WAC 246-840-XXX. New rule for the nursing care quality assurance commission mandatory continuing competency for licensed nurses. 08-13-092 6/18/2008 HSQA - Terry West

(360) 236-4712

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 Anticipated filing by 12/2009 HSQA - Janette Benham

(360) 236-4857

RCW 18.22.015, 18.130.050 Podiatric medical board Chapter 246-922 WAC, creating rules on the administration of sedation and anesthesia in the offices of podiatric physicians. The rule making may include necessary training and equipment requirements for podiatric physicians to perform office-based surgery. 07-16-139 8/1/2007 Anticipated filing by 12/2009 HSQA - Erin Obenland

(360) 236-4945

RCW 18.22.015, 18.130.050 Podiatric medical board WAC 246-922-010 Definitions, adding new sections to chapter 246-922 WAC to establish standards for prescribing orthotic devices by podiatrists. 07-16-140 8/1/2007 Anticipated filing by 12/2009 HSQA - Erin Obenland

(360) 236-4945

RCW 18.92.030 Veterinary board of governors New section WAC 246-935-XXX Identification of veterinary technician standard tasks and procedures that must be included in the experience of a person who qualifies to take the veterinary technician examination through a period of practical experience. 07-16-142 8/1/2007 Anticipated filing 12/2009 HSQA - Judy Haenke

(360) 236-4828


KEY


CR means "code reviser" on the notice forms created by the office of the code reviser for use by all state agencies.


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.


Dashed cells in tables mean the anticipated filing date is not known at the time this rules agenda is filed.

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.


DOH is the department of health.


HSQA
is the health systems quality assurance division.


EH is the environmental health division.


EHSPHL is the epidemiology health statistics and public health labs division.


CFH is the community family health division.


SBOH is the state board of health.

© Washington State Code Reviser's Office