WSR 09-18-124

EXPEDITED RULES

STATE BOARD OF HEALTH


[ Filed September 2, 2009, 11:42 p.m. ]

Title of Rule and Other Identifying Information: WAC 246-105-040 Requirements based on national immunization guidelines, this proposal updates the reference of national immunization guidelines as they relate to Washington state school and child care center immunization requirements against certain vaccine-preventable diseases.

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 Jeff Wise, Department of Health, Washington State Department of Health, Town Center 2, 111 Israel Road S.E., P.O. Box 47843, Olympia, WA 98504-7843 , AND RECEIVED BY November 2, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal updates the reference to the advisory committee on immunization practices' (ACIP) recommended childhood and adolescent immunization schedule from the 2008 version to the 2009 version. The proposed effective date is July 1, 2010. Because the 2009 ACIP immunization schedule has no substantive changes from the 2008 version for Washington's school and child care immunization requirements, the proposal's update will be technical only. Nothing in the reference of ACIP's 2009 immunization schedule will require any change to the work schools and child care centers currently perform to implement the immunization requirements of chapter 246-105 WAC.

Reasons Supporting Proposal: This rule revision is necessary to maintain consistency between the national immunization guidelines as set by the ACIP and Washington state school and child care center immunization requirements.

An expedited rule-making process was chosen for this proposal because it is a technical change to update a reference to national immunization guidelines. This proposal creates no change to the implementation, enforcement or fiscal impact to schools and child care centers in satisfying the immunization requirements of existing WAC.

Statutory Authority for Adoption: RCW 43.20.050, 28A.210.140.

Statute Being Implemented: RCW 28A.210.140.

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

Name of Proponent: Washington state board of health, governmental.

Name of Agency Personnel Responsible for Drafting: Jeff Wise, 111 Israel Road S.E., TC2, Tumwater, WA 98501, (360) 236-3483; Implementation and Enforcement: Janna Bardi, 111 Israel Road S.E., TC2, Tumwater, WA 98501, (360) 236-3568.

September 2, 2009

Craig McLaughlin

Executive Director

OTS-2591.1


AMENDATORY SECTION(Amending WSR 09-02-003, filed 12/26/08, effective 1/26/09)

WAC 246-105-040   Requirements based on national immunization guidelines.   The department shall develop and distribute implementation guidelines for schools and child care centers that are consistent with the national immunization guidelines described in this section and the requirements in WAC 246-105-090.

(1) Unless otherwise stated in this section, a child must be vaccinated against each vaccine-preventable disease listed in WAC 246-105-030 at ages and intervals according to the following published national immunization guidelines:

(a) ((Effective July 1, 2008, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2007"; as published in the Morbidity and Mortality Weekly Report (MMWR), 2007;55(51 and 52):Q1-4.

(b))) Effective July 1, 2009, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States 2008"; as published in MMWR 2008;57(01):Q1-4.

(b) Effective July 1, 2010, the "Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2009"; as published in MMWR 2009;57(51 and 52):Q1-4.

(2) In addition to the ages and intervals required by subsection (1) of this section, the following vaccine administration guidelines shall apply. Schools and child care centers may accept one of the following as proof of a child's immunization status against varicella:

(a) Documentation on the CIS form that the child received age appropriate varicella vaccine; or

(b) Diagnosis or verification of a history of varicella disease by a health care provider; or

(c) Diagnosis or verification of a history of herpes zoster by a health care provider; or

(d) Serologic proof of immunity against varicella; or

(e) Documentation by the parent that a child has a history of varicella. This type of proof will be accepted only for certain grade levels described in the department's implementation guidelines according to WAC 246-105-090(2).

[Statutory Authority: RCW 28A.210.140. 09-02-003, 246-105-040, filed 12/26/08, effective 1/26/09.]

Washington State Code Reviser's Office