WSR 20-24-046
[Filed November 23, 2020, 2:43 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-847-051(4) and 246-847-190, enforcement of AIDS education and training rules. The occupational therapy practice board (board) is proposing to repeal these requirements in response to ESHB 1551 (chapter 76, Laws of 2020).
Hearing Location(s): On January 1, 2021, at 9:05 a.m. In response to the coronavirus disease 2019 (COVID-19) public health emergency, the board will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical meeting space, will be held instead.
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Date of Intended Adoption: January 22, 2021.
Submit Written Comments to: Kathy Weed, P.O. Box 47852, Olympia, WA 98504-7852, email, fax 360-236-2901, by January 20, 2021.
Assistance for Persons with Disabilities: Contact Kathy Weed, phone 360-236-4883, fax 360-236-2901, TTY 711, email, by January 15, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The previous CR-102 for this proposed rule was filed as WSR 20-20-101. It has been withdrawn and is being replaced with this new CR-102 in order to update the hearing date and time. No changes have been made to the proposed rule language.
Effective June 11, 2020, the following laws were repealed as a result of ESHB 1551: RCW 70.24.260 Emergency medical personnelRules for AIDS education and training, 70.24.270 Health professionalsRules for AIDS education and training, and 70.24.310 Health care facility employeesRules for AIDS education and training.
As a result of these laws being repealed, the department of health (DOH) will repeal chapter 246-12 WAC, Part 8 - AIDS prevention and information education requirements. These rules detail the definitions, acceptable training and education, and documentation requirements for health professionals and employees concerning AIDS.
WAC 246-847-051(4) and 246-847-190 under the authority of the board requires compliance with chapter 246-12 WAC, Part 8 and seven clock hours of AIDS education. The board will repeal WAC 246-847-150(4) and 246-847-190, and will no longer enforce these rules during the repeal process.
Reasons Supporting Proposal: When Washington adopted statues [statutes] concerning AIDS, very little was known about the disease compared to today. Now, AIDS is so treatable and preventable, Governor Inslee issued a proclamation in 2014 supporting End AIDS Washington; a statewide initiative to reduce new HIV cases by fifty percent by the end of 2020. Part of this effort includes reducing stigma, which includes updating state law. ESHB 1551 repeals statues [statutes] concerning AIDS education and training for emergency medical personnel, health professionals, and health care facility employees to help reduce stigma towards people living with HIV by not singling out AIDS as an exceptional disease that requires specific training and education separate from other health conditions.
Statutory Authority for Adoption: RCW 18.59.130.
Statute Being Implemented: ESHB 1551.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOH, occupational therapy practice board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Drafting: Kathy Weed, 111 Israel Road S.E., Tumwater, WA 98504, 360-236-4883.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules, the content of which is explicitly and specifically dictated by statute.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
November 23, 2020
Sunny Anderson, OTA
AMENDATORY SECTION(Amending WSR 18-09-032, filed 4/11/18, effective 8/1/18)
WAC 246-847-051Military equivalence.
A graduate of a United States military occupational therapy assistant course that is substantially equivalent to the requirements in chapters 18.59 RCW and 246-847 WAC may apply for licensure in this state when the following additional requirements have been submitted to the department:
(1) Proof of completion of the military's residency program included in their education program in lieu of the field work required under WAC 246-847-150;
(2) Proof of successfully passing the national certification examination as specified in WAC 246-847-080; and
(3) Proof of completion of the online jurisprudence examination for occupational therapy with a passing score of one hundred percent((; and
(4) An attestation to the completion of seven hours of HIV/AIDS awareness training as specified in chapter 246-12 WAC, Part 8)).
The following section of the Washington Administrative Code is repealed:
WAC 246-847-190
AIDS education and training.