A brief list of Department of Health statutory authority appears below. The department has a very broad range of responsibilities, including significant regulatory authority in many areas of government. As a result, the agency» s authorizing statutes exist under many titles in state law.

Title 7 Human Trafficking

7.68.360    Requires the department to be part of a workgroup that reviews on a biennial basis, protocols to provide guidelines for the social service needs of victims of trafficking of humans, including housing, health care, and employment.

Title 9 Crimes and Punishments

9.02            Abortion: Transfers any powers vested in the State Board of Health in regard to abortion to the department.

Title 9A Washington Criminal Code

9A.42         Criminal Mistreatment: 9A.42.090 requires the department and DSHS to adopt rules establishing procedures for termination of care to dependent persons.

Title 13 Juvenile Courts and Juvenile Offenders

13.34          Juvenile Court Act: Requires DSHS, in consultation with the department, to adopt rules defining » drug-affected infant» and » alcohol-affected infant» . Requires DSHS and the department to develop a comprehensive plan for services to mothers who have delivered drug or alcohol affected infants or are » at risk» , along with inventory of community services, the fiscal impact of the plan, and potential long-term cost savings to the state.

Title 15 Agriculture and Marketing

15.54          Fertilizers, Minerals, and Limes: Requires the department to participate with the Departments of Agriculture and Ecology in preparing a biennial report to the legislature regarding the levels of nonnutritive substances in fertilizers. Grant the department a consulting role in the Department of Ecology» s review of applications for approval of a fertilizer» s compliance with the legal standards set forth in the statute.

15.92          Center for Sustaining Agriculture and Natural Resources: Appoints the secretary or a designee as an ex officio, non-voting member of the commission on pesticide registration.

Title 16 Animals and Livestock (Formerly: Animals, Estrays, Brands, and Fences)

16.70          Control of Pet Animals Infected with Diseases Communicable to Humans: Grants the department and the secretary the authority to protect the public health from outbreaks of communicable diseases from pet animals, including quarantine or destruction of animals; and to make rules relating to » importation, movement, sale, transfer or possession of pet animals» .

Title 17 Weeds, Rodents, and Pests

17.21          Washington Pesticide Application Act: Creates a pesticide advisory board, of which » the environmental health specialist from the department of health» is a nonvoting member.
 

Title 18 Businesses and Professions

18.06          Acupuncture: Grants the secretary the authority to license acupuncturists; to act as disciplinary authority to discipline license holders under this chapter; and to adopt rules to carry out the purpose of the chapter.  RCW 18.06.140 requires every licensed acupuncturist develop a written plan for consultation, emergency transfer, and referral to other health care practitioners operating within the scope of their authorized practices. The written plan shall be submitted with the initial application for licensure as well as annually thereafter with the license renewal fee to the department. The department may withhold licensure or renewal of licensure if the plan fails to meet the standards contained in rules adopted by the secretary.

18.19          Counselors: Grants the secretary the authority to register counselors to act as disciplinary authority to discipline registrants under this chapter; and to adopt rules to carry out the purpose of the chapter.

18.20          Boarding Homes: RCW 18.20.415 grants the department and DSHS rulemaking authority to implement construction and equipment standards for small boarding homes.

18.22          Podiatric Medicine and Surgery: Grants the secretary authority to adopt rules and set fees for administration of the chapter.

18.25          Chiropractic: Grants the secretary authority to adopt procedures for applications.

18.29          Dental Hygienist: Requires the department to collect data and make recommendations with regard to the services that could be appropriately provided by dental hygienists in senior centers and community-based sealant programs carried out in schools, and the effects on dental health of patients treated. RCW 18.29.056 describes a licensed dental hygienist employment functions, and when supervision is, is not required by a licensed dentist.

18.30          Denturists: Creates board of denture technology, appointed by the secretary. Grants the secretary the authority to license denturists; to act as disciplinary authority to discipline license holders under this chapter; and to adopt rules to carry out the purpose of the chapter.

18.32          Dentistry:  Grants the secretary authority to adopt procedures for applications, set fees, and issue licenses. RCW 18.32.030 describes the practices, acts, and operations exempted from chapter.

18.34          Dispensing Opticians: Grants the secretary the authority to issue licenses; to act as disciplinary authority to discipline license holders under this chapter; and to set fees.

18.35          Audiologists and Speech Language Pathologists: Grants the Secretary the authority to adopt procedures and set fees.

18.36A       Naturopathy: Grants the secretary the authority to license naturopaths; to act as disciplinary authority to discipline license holders under this chapter; and to adopt rules to carry out the purpose of the chapter. Creates a naturopathic advisory committee, appointed by the secretary, to advise the secretary on the administration of this chapter. Requires the department to work with the naturopathic advisory committee and the state board of pharmacy to develop education and training requirements that must be met before a naturopath is authorized to prescribe controlled substances.

18.46          Birthing Centers: Grants the Department the authority to grant, deny, suspend or revoke licenses, inspect and approve maternity homes, and adopt rules and regulations regarding the operation of maternity homes.

18.50          Midwifery: Grants the secretary the authority to license midwives; to act as disciplinary authority to discipline license holders under this chapter; and to adopt rules, including rules re the administration of legend drugs, to carry out the purpose of the chapter. Creates a midwifery advisory committee, appointed by the secretary, to advise the secretary on the administration of this chapter.

18.51          Nursing Homes: Authorizes the department of health to investigate complaints and violations of nursing technicians.

18.52          Nursing Home Administrators: Grants the secretary authority to adopt procedures for applications, set fees, and issue licenses.

18.52C       Nursing Pools: Defines and requires registration of nursing pools with the secretary. Sets requirements for nursing pools. Grants the secretary the authority to establish procedures and fees; and to act as disciplinary authority to discipline registrants under this chapter.

18.53          Optometry: Grants the secretary authority to adopt procedures for applications, set fees, and issue licenses.

18.55          Ocularists: Grants the secretary the authority to license ocularists and register apprentices; to act as disciplinary authority to discipline license holders under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter.

18.57          Osteopathy - Osteopathic Medicine and Surgery: Grants the secretary authority to adopt rules and set fees for administration of the chapter.

18.57A       Osteopathic Physicians» Assistants: Grants the board of osteopathic medicine and surgery authority to adopt rules establishing the qualifications for and scope of practice of osteopathic physician» s assistants. Requires board approval of practice arrangements. Grants board authority to act as disciplinary authority to discipline license holders under this chapter.

18.59          Occupational Therapy: Grants the secretary authority to issue licenses, and to adopt rules and set fees for administration of the chapter.

18.64          Pharmacists: Grants the secretary authority to issue licenses and to adopt rules and set fees for administration of the chapter.

18.64A       Pharmacy Assistants: Grants the board of pharmacy authority to adopt rules establishing the qualifications for and scope of practice of pharmacy assistants. Requires board approval of practice arrangements. Grants the board authority to act as disciplinary authority to discipline license holders under this chapter.

18.71          Physicians: Creates the impaired physicians program. Grants the secretary authority to adopt rules and set fees for administration of the chapter. RCW 18.71.040 requires an applicant who practices medicine and surgery pay a fee.

18.71A       Physicians» Assistants: Grants the secretary the authority to establish procedures and set fees for licensure.

18.73          Emergency Medical Care and Transportation Services: Creates an emergency medical services licensing and certification advisory committee, appointed by the department, to advise the secretary on the administration of this chapter. Grants the secretary the authority to establish minimum criteria for ambulances, air ambulances, aid vehicles, and ambulance and aid services; and for training and certification of first responders and emergency medical technicians. Establishes requirement of licensure for ambulances and aid vehicles and for ambulance and aid vehicle operators and directors. Grants the secretary the authority to act as disciplinary authority to discipline license holders under this chapter; and to adopt rules to carry out the purpose of the chapter.

18.74          Physical Therapy: Grants the secretary authority to issue licenses, and to adopt rules and set fees for administration of the chapter.

18.76          Poison Information Centers: Requires the department to provide support for a statewide program of poison and drug information services, centralized in a single nonprofit center. Grants the secretary, with the advice of the emergency medical services licensing and certification advisory committee, authority to adopt rules for the operation of the center and certification of poison center medical directors.

18.79          Nursing Care: Grants the secretary authority to adopt rules for administration of the chapter. Allows the department to charge a surcharge on all initial licenses and renewal licenses for registered nurses and licensed practical nurses, and to use the surcharge proceeds to provide grants to a central nursing resource center.

18.83          Psychologists: Grants the secretary authority to issue and renew licenses and to collect fees.

18.84          Radiologic Technologists: Grants the secretary the authority to approve education and training requirements; to act as disciplinary authority to discipline certificate and registration holders under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter. Grants the secretary the authority to appoint an ad hoc advisory committee made up of members of the profession.

18.88A       Nursing Assistants: Grants the secretary the authority to act as disciplinary authority to discipline certificate and registration holders under this chapter; issue certificates and registrations; and to set fees to carry out the purpose of the chapter.

18.89          Respiratory Care Practitioners: Grants the secretary the authority to approve education and training requirements; to act as disciplinary authority to discipline certificate holders under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter. Grants the secretary the authority to appoint an ad-hoc advisory committee made up of members of the profession.

18.92          Veterinary Medicine, Surgery, and Dentistry: Grants the secretary authority to issue licenses, adopt rules and set fees for administration of the chapter.

18.104       Water Well Construction: Grants Department of Ecology, the lead agency, authority to seek advice from the department. Designates a representative of the department as a member of a technical advisory group.

18.108       Massage Practitioners: Grants the secretary the authority to act as disciplinary authority to discipline licensees under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter.

18.120       Regulation of Health Professions - Criteria: Sets out guidelines for regulating currently unregulated or unlicensed health professions. Sets out factors that must be explained to legislative committees in connection with a request for regulation of a health profession.

18.122       Regulation of Health Professions - Uniform Administrative Provisions: Establishes uniform provisions for credentialing of health professions: registration, certification, and licensure. Grants the secretary authority to adopt rules; establish fees, forms and procedures; administer examinations; and determine minimum education requirements and educational programs.

18.130       Regulation of Health Professions - Uniform Disciplinary Act: Establishes uniform standards and procedures for the licensure and discipline of health care professionals. Designates disciplinary authority for each health care profession, and defines the authority of the disciplinary authority and the secretary. Grants the secretary to investigate complaints of an unlicensed practitioner.

18.135       Health Care Assistants: Grants the secretary the authority to adopt rules to administer this chapter and establish minimum requirements necessary to certify health care assistants.

18.138       Dietitians and Nutritionists: Grants the secretary the authority to issue certificates; to act as disciplinary authority to discipline certificate holders under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter. Establishes a health professions advisory committee, appointed by the secretary.

18.155       Sex Offender Treatment Providers: Grants the secretary the authority to issue certificates; to act as disciplinary authority to discipline certificate holders under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter. Establishes the sexual offender treatment provider» s advisory committee, appointed by the secretary.

18.195       Consumer Access to Vision Care Act: Grants the secretary the authority to adopt rules to implement the purposes of the chapter.

18.200       Orthotic and Prosthetic Services: Grants the secretary the authority to issue licenses; to act as disciplinary authority to discipline licensees under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter. Grants the secretary the authority to appoint an advisory committee to advise the secretary concerning the administration of this chapter.

18.205       Chemical Dependency Professionals: Defines practice of chemical dependency counseling. Sets out requirements for certification. Grants the secretary the authority to issue certificates; to act as disciplinary authority under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter. Grants the secretary the authority to appoint an advisory committee to advise the secretary concerning the administration of this chapter.

18.215       Surgical Technologists: Grants the secretary the authority to issue registrations; to act as disciplinary authority under this chapter; and to adopt rules and set fees to carry out the purpose of the chapter.

18.225       Mental Health Counselors, Marriage and Family Therapists, Social Workers: Grants the Secretary the authority to issue licenses; to act as disciplinary authority to discipline license holders under this chapter; and to adopt rules to carry out the purpose of this chapter. Establishes an advisory committee appointed by the Secretary.

18.230       Recreational Therapists: Defines practice of recreation therapy. Grants the department the authority to establish registration and renewal fees, to register or deny applicants.

 18.240      Animal Massage Practitioner: Defines practice of animal massage therapy. Grants the secretary the authority to adopt rules, establish certification and renewal fees, establish forms and procedures necessary to administer this chapter, certify an applicant or deny certification, approve education and training programs.

18.250       Athletic Trainer: Defines practice. Grants secretary the authority to adopt rules, establish all license, examination, and renewal fees, and establish forms and procedures necessary to administer this chapter.

18.260       Dental Assistant: Sets requirements for broadening the scope of dental assisting services, grants the secretary the authority to set fees. Also requires by November 15, 2012, that the department conduct a review of the effectiveness of the creation of the dental assistant and expanded function dental auxiliary professions.
 

Title 19 Business Regulations

19.02          Business License Center Act: Establishes a business license center in the department of licensing and directs the » full participation» of the department in implementing the center.

19.27          State Building Code: RCW 19.27.097 requires the department of health to coordinate with the department of ecology to determine those areas, not subject to growth management act planning, in which applicants for building permits are not required to provide evidence of adequate water supply for the building» s intended purpose.

Title 26 Domestic Relations

26.04          Marriage: Prescribes the form of certificate for recording the solemnization of marriage, to be provided by the state registrar of vital statistics of the department. Requires that the county auditor transmit all completed certificates to the state registrar of vital statistics.

26.09          Dissolution of Marriage - Legal Separation - Declarations: Requires that the clerk of the court complete the form provided by the department of health, and forward to the state registrar of vital statistics each month certificates of divorce, dissolution, annulment or separate maintenance.

26.26          Uniform Parentage Act: Sets out legal process for establishing parent-child relationship. Sets out circumstances for filing of documents with and issuances of birth certificates by the Department of Health.

26.33          Adoption: RCW 26.33.345 requires the Department of Health to provide no certified copies of birth certificates to birth parents and to adoptee, unless the birth parent filed an affidavit of non-disclosure.

Title 28A Common School Provisions

28A.230     Compulsory Course Work and Activities: Authorizes the office on AIDS to review the model AIDS curricula for medical accuracy, and to assist in updating AIDS education curriculum material as newly discovered medical facts make it necessary.

28A.300     Healthy Youth Act, Medically Accurate Sexual Health Education:  Requires the superintendent of public instruction, in consultation with the department of health, to develop a list of sexual health education curricula that are consistent with the 2005 guidelines for sexual health information and disease prevention and requires each agency to keep an updated list available on its web site.

Title 28B Higher Education

28B.115     Health Professional Conditional Scholarship Program: Establishes health professional loan repayment and scholarship program for credentialed health professionals serving in professional shortage areas, and creates a planning committee that includes a representative of the department. Authorizes the department to provide technical assistance to rural communities and to determine shortage areas and eligible health professionals.

Title 41 Public Employment, Civil Service, and Pensions

41.05          State Health Care Authority: Includes transfer of funding for community health centers from the department to the health care authority. Authorizes the authority, in consultation with the department, to work with community health clinics and other providers of underserved populations to expand access of people of color and the underserved to managed care. RCW 41.05.013 coordinates state agency efforts to develop and implement uniform policies across state purchased health care programs that will ensure prudent, cost-effective health services purchasing, maximize efficiencies in administration of state purchased health care programs, improve the quality of care provided through state purchased health care programs, and reduce administrative burdens on health care providers participating in state purchased health care programs. RCW 41.05.023 requires the health care authority, in collaboration with the department of health, to design and implement a chronic care management program for state employees enrolled in the state's self-insured uniform medical plan.

Title 43 State Government Executive

43.17          Administrative Departments and Agencies - General Provisions: Creates position of secretary of health as chief executive officer of the department. Authorizes designation of a chief assistant. Requires that principal office of each department be at the state capital.

43.20          State Board of Health: Establishes composition of membership of the board, to include the secretary and nine additional members appointed by the governor. Designates the board as a forum for the development of public health policy, and authorizes it to hold public forums and prepare the state public health report. Grants the board rulemaking authority with regard to: safe and reliable public drinking water; prevention, control and abatement of health hazards and nuisances related to the disposal of waste; environmental conditions in public facilities; imposition and use of isolation and quarantine; and prevention and control of disease.

43.21A       Department of Ecology: Requires director to consult with the department and the state board of health to integrate efforts to the fullest extent possible and endorse policies in common. Authorizes the departments of ecology, natural resources and health to participate in and administer the portions federal safe drinking water act programs that fall under their authority under state law.

43.41          Office of Financial Management: RCW 43.41.905, citing department statistics on unintended pregnancies, creates an interagency task force on unintended pregnancy.

43.43          Washington State Patrol: RCW 43.43.735 requires the department to cause fingerprinting of all persons who are the subject of a disciplinary board final action. Requires the secretary to adopt rules for the licensure of facilities and individuals to ensure that individuals who provide care to vulnerable adults have not been convicted of certain enumerated crimes.

43.59          Traffic Safety Commission: Designates the secretary as a member of the commission.

43.63A       Department of Community, Trade, and Economic Development: Creates the senior environmental corps, to be administered jointly by eight state agencies, including the department. A coordinating council is created consisting of representatives of the eight agencies. RCW 43.70.250 gives the department specific duties regarding the senior environmental corps.

43.70          Department of Health - General Provisions: Creates the department, to be single state agency with focus on health issues and public health. Grants department authority to create divisions and appoint administrative positions, including the state health officer. Creates position of secretary of health, with general authority to adopt rules, appoint members of advisory committees, conduct studies and analysis, delegate authority, and enter into contracts. Transfers authority from DSHS in the areas of personal health and protection programs; environmental health and protection programs; public health laboratory; public health support services, including vital records; licensing and certification of facilities; and parent and child health services. Transfers authority from DOL in the area of health professions regulatory programs and services. Grants department authority to make rules, collect fees, assess fines, and issue subpoenas and bring legal actions to enforce laws and protect public health. Grants the secretary the authority to enforce all public health laws and exercise the powers of local health officers if they are unable or unwilling to do so or request assistance. Creates a role for DOH in assuring patients have the opportunity to seek independent review of claims disputes between patients and health carriers. Creates position of registrar of vital statistics.  Creates a variety of data collection, analysis and reporting requirements regarding health care and public health promotion.  Permits the department to enter and inspect any property, lands, or waters, of this state in or on which any marine species are located and prohibits the harvesting of land with penalties. Grants the department authority to enter into a written cost-reimbursement agreement with a permit applicant to recover from the applicant the reasonable costs incurred by the department. RCW 43.70.056 authorizes the department to oversee the health care-associated infection reporting program. RCW 43.70.650 creates a school sealant endorsement program for dental hygienists and dental assistants. RCW 43.70.665 authorizes the department to administer a state-supported early detection breast and cervical cancer screening program. RCW 43.70.680 grants the department authority to contact persons issued credentials for the purposes of gathering volunteers for emergency or disaster assistance.

43.79          State Funds: Creates the death investigations account. Authorizes disbursement of funds during the 1997-99 bienniums to the department for statewide child mortality reviews.

43.99D       Water Supply Facilities - 1979 Bond Issue: Authorizes sale of $10 million of general obligation bonds for purpose of constructing and improving water supply facilities. The funds are to be administered by the department.

43.99E       Water Supply Facilities - 1980 Bond Issue: Authorizes sale of $65 million of general obligation bonds for purpose of constructing and improving water supply facilities. The funds are to be placed in the state and local improvements revolving account, to be administered by the department and the department of ecology.

43.121       Children» s Trust of Washington: Designates the secretary or the secretary» s designee as a member of the council.

43.200       Radioactive Waste: Authorizes department of ecology to collect site closure fees adequate to complete the closure plan set out in the radioactive materials license granted by the department. The treasurer shall transfer to the site closure account in full the amount remaining to be repaid upon written notice from the secretary of health that the department of health has authorized closure or that disposal operations have ceased.

43.215       Designates the department as a member of the Early Learning Advisory Council.

Title 48 Insurance

48.20          Disability Insurance: RCW 48.20.530 requires that insurers providing drugs from nonresident pharmacies may only obtain those services from licensed pharmacies. The department is authorized to request proof of licensure from such nonresident pharmacies.

48.46          Health Maintenance Organizations: The department, at the request of the insurance commissioner, shall inspect and review the facilities of health maintenance organizations applying for a certificate of registration to determine their adequacy. The insurance commissioner may request the department to re-inspect to determine their continuing adequacy.

48.47          Mandated Health Benefits: Establishes process for review of proposals for mandating insurance coverage of health benefits. Requires a proposal to be submitted to the appropriate legislative committees. The department shall report on the appropriateness of adoption, if requested by the committee chair and subject to funds being appropriated for that purpose.

48.87          Midwives and Birthing Centers - Joint Underwriting Association: Authorizes establishment of a nonprofit joint underwriting association for midwifery and birthing center malpractice insurance. Authorizes a policy with a minimum level of mandated coverage determined by the department.

Title 49 Labor Regulations

49.17          Washington Industrial Safety and Health Act: Grants sole authority for administration of this act to the department of labor and industries, except that with regard to employers using or possessing ionizing radiation, the department of labor and industries shall agree with the department on mutual rules and regulations.

Title 51 Industrial Insurance

51.32               Workers» Compensation - Right to and Amount: Establishes amounts and methods of payment of industrial insurance benefits. Requires the department of labor and industries to work with the department to establish one or more centers for research and clinical assessment of chemically related illness.

Title 52 Regional Fire Protection Service

52.26              Competition with Private Ambulance Service: If the department denies, suspends, or revokes a private ambulance service» s license, a regional fire protection service may establish an ambulance service.

Title 54 Public Utility Districts

54.16          Public Utility Districts - Powers: Grants immunity from lawsuits based on noncompliance with federal or state requirements to a public utility district that assumes responsibility for a noncompliant water system if the district has submitted and is complying with a plan and schedule of improvements approved by the department.

Title 57 Water-Sewer Districts

57.08          Water Districts - Powers: Provides that no water district that did not operate a sewer system prior to July 1, 1997 may operate a sewer system without first obtaining approval from the department and the department of ecology.

57.24          Water Districts - Annexation of Territory: Grants immunity from lawsuits based on noncompliance with federal or state requirements to a water district that assumes responsibility for a noncompliant water system if the district has submitted and is complying with a plan and schedule of improvements approved by the department.

Title 64 Real Property and Conveyances

64.44          Contaminated Properties: Establishes reporting and decontamination requirements for property contaminated by hazardous chemicals. Grants the department the authority to issue certificates to contractors to perform decontamination, to establish performance standards for contractors, and to require annual refresher courses. Grants the state board of health authority to adopt rules, and grants the department the authority to develop guidelines for decontamination and testing.

Title 68 Cemeteries, Morgues, and Human Remains

68.50          Human Remains: Governs the proper handling and disposal of human remains. Requires the department to adopt rules regarding proper hospital procedure for anatomical gifts.

Title 69 Food, Drugs, Cosmetics, and Poisons

69.04          Food, Drug and Cosmetic Act: Designates the board of pharmacy to carry out and make rules regarding the provisions relating to drugs and cosmetics. Grants the secretary authority, with the director of the department of agriculture, to adopt rules regarding the transportation of bulk foods in vehicles and vessels.

69.06          Food and Beverage Establishment Workers» Permits: Requires permits for workers in food and beverage establishments. Authorized the board of health to set fees for permits and renewals.

69.07          Washington Food Processing Act: Requires special, temporary permit issued by the department for the slaughter and preparation of one thousand or fewer pastured chickens in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer and also permits the department to make rules under this section.

69.30          Sanitary Control of Shellfish: Authorizes the board of health to adopt rules for the sanitation of shellfish, shellfish growing areas, and shellfish harvest. Requires a certificate approval from the department for shellfish growing areas from which shellfish for human consumption are harvested. Requires a certificate of approval from the department for culling, shucking or packing of shellfish for human consumption. Grants the department the authority to grant, deny, revoke, suspend, and modify certificates, and to impose civil penalties for violations.

69.38          Poisons - Sales and Manufacturing: Requires registry of sales of certain poisons. Grants the department the authority to issue licenses for the sale or manufacture of poisons.

69.41          Legend Drugs - Prescription Drugs: Grants board of pharmacy of the department rule making authority to carry out several provisions.

69.43          Precursor Drugs: Requires a report to the board of pharmacy of transfers of certain permit, issued by the board of pharmacy, to sell, transfer or furnish such substances. Requires record keeping for all transactions. Restricts the sales and possession of ephedrine, pseudoephedrine and phenylpropanolamine.

69.45          Drug Samples: Requires registration with the department prior to distribution of drug samples in the state. Regulates record keeping, storage and transportation, distribution and disposal of drug samples.

69.50          Uniform Controlled Substance Act: Authorizes the board of pharmacy to enforce the chapter and to add to, remove from, or reschedule controlled substances on the statutory list. Designates schedule I through V controlled substances. Requires registration with the department prior to the manufacture, distribution or dispensing of controlled substances.

69.51          Controlled Substance Therapeutic Research Act: Creates the controlled substances therapeutic research program, to register bona fide controlled substance therapeutic research projects with the department. Creates a committee to review applications. Authorizes the board of pharmacy to obtain marijuana for use by approved practitioners and institutions. Requires the  department to adopt rules defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients. The department is also required to research and compile information and best practices on medical marijuana.

69.60          Over-the -Counter Medications: Grants the board of pharmacy the authority to administer this chapter.

Title 70 Public Health and Safety

70.02          Medical Records - Health Care Information Access and Disclosure: Authorizes disclosure of health care information to the department without patient consent when necessary for research or licensing proceedings.

70.05          Local Health Department, Boards, Officers - Regulations: Authorizes creation of county boards of health. Creates position of local health officer and the qualifications to hold the position. Grants broad public health authority to local health officer, including authority to grant waiver of state board of health on-site sewage systems. Requires report of contagious and infectious diseases to department (list of diseases to be determined by the state board of health).

70.08          Combined City - County Health Department: Authorizes a city of more than 100,000 populations and the county it is located in to form a combined city-county health department. Creates position of director of public health, with same legal authority as local health officer, and establishes qualifications for that position.

70.12          Public Health Funds: Authorizes the secretary to expend funds in the counties for public health work, out of funds appropriated for that purpose. Authorizes counties to create and spend a public health pooling fund.

70.14          Health Services Purchased by State Agencies:  RCW 70.14.050 requires each agency administering a state purchased health care program cooperate with other agencies and take any necessary actions to control costs without reducing the quality of care when reimbursing for or purchasing drugs.

70.22          Mosquito Control: Authorizes the secretary of health to inspect, investigate and conduct studies to ascertain the effect of mosquitoes as a health hazard.

70.24          Control and Treatment of Sexually Transmitted Diseases: Sets out regulatory authority with respect to sexually transmitted diseases (STDs), including HIV and AIDS. Grants the board of health rulemaking authority under this chapter. Authorizes state and local public health officials to interview, examine, investigate and counsel persons believed to be infected with a sexually transmitted disease, including orders of restriction and to cease and desist from specified behavior. Authorizes an action for detention. Prohibits disclosure of identity of persons undergoing HIV testing or the results of the test except under specific circumstances. Authorizes reporting of STDs pursuant to rules adopted by the board of health. Requires AIDS education and training for health care professionals, emergency medical personnel, and

certain public employees. Requires the department to establish a statewide system of regional AIDS service networks.

70.26         Pandemic Influenza Preparedness: Authorizes the secretary to establish requirements and performance standards for local pandemic flu preparedness and response plans, and to provide technical assistance, disburse funds and assess plan compliance and implementation.

70.28          Control of Tuberculosis: Requires physicians to report all cases of tuberculosis to local board of health. Grants local health officer broad authority to investigate existence of cases of tuberculosis and source of infection, including inspection, examination, treatment and quarantine or isolation. Grants state board of health authority to adopt rules for reporting, due process standards for exercise of local health officer» s authority, and training.

70.30          Tuberculosis Hospitals and Facilities: Authorizes admission to appropriate facilities for all individuals with tuberculosis. Grants the department authority to determine an individual» s ability to pay for treatment, and to conduct annual inspections of tuberculosis facilities.

70.37          Health Care Facilities: Designates the secretary of health as a member of the five member authority.

70.38          Health Planning and Development: Grants the department the authority to issue, deny, suspend or revoke certificates of need, and to adopt rules for the program.

70.40          Hospital and Medical Facilities Survey and Construction Act: Establishes a » section of hospital and medical facility survey and construction» within the department. Grants that section sole responsibility to inventory existing hospitals and medical facilities, survey the need for new construction, and develop a plan for construction of new facilities.

70.41          Hospital Licensing and Regulation: Grants the department the authority to license and inspect hospitals; to develop minimum standards and rules for the construction, maintenance and operation of hospitals; and to enforce those standards and rules.

70.42          Medical Test Sites: Grants the department the authority to license and inspect medical test sites; to develop minimum standards and rules for the operation of medical test sites; and to enforce those standards and rules. Requires annual licensing of medical test sites. Authorizes denial, suspension or revocation of licenses.

70.44          Public Hospital Districts: Requires a hospital district to obtain an opinion from a qualified expert or the department that the districts acquisition of a hospital meets the standards for accessible and affordable health.

70.45          Acquisition of Nonprofit Hospitals: Requires that the acquisition of a non-profit hospital must be reviewed and approved by the department. Grants department authority to contract and adopt rules to implement the chapter.

70.46          Health Districts: Authorizes creation of one and two county health districts by county legislative authorities, and creation of a health district fund.

70.50          State Otologist: Requires the secretary to appoint an otologist, who shall cooperate with the department of public instruction and with health officers to seek hearing impaired children and examine those children when referred to him.

70.54          Miscellaneous Health and Safety Provisions: Sets out various public health and safety requirements, including: the authority of the secretary to advise local authority on sanitation; requiring doors of public buildings to swing outward; granting rulemaking authority for labor camps to the board of health; provisions re laetrile, DMSO, pay toilets; and utility pole attachments; creates the cancer registry program and a bone marrow donor recruitment and education program, under the administration of the department; and the authority of the department to adopt rules for the sterilization of needles and instruments by electrologists and tattoo artists.

70.56          Adverse Health Events and Incident Reporting System: Requires the department to receive and investigate reports of adverse events, report information to the Washington State Quality Forum, and create a 24/7 Internet-based reporting system. Authorizes the department to enforce reporting requirements for childbirth centers, hospitals, and psychiatric hospitals.

70.58          Vital Statistics: Establishes system of local registrars and their duties. Sets out requirements for birth certificates and death certificates. Grants the state board of health authority to require by rule additional information on birth certificates.

70.62          Transient Accommodations - Licensing - Inspection: Grants the state board of health authority to adopt rules regarding the maintenance and operation of transient accommodations. Grants the department the authority to license and inspect transient accommodations, and to enforce board of health rules. Authorizes suspension or revocation of licenses.

70.76          Polybrominated Diphenyl Ethers (PBDEs) - Flame Retardants: After January 1, 2008, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use noncomestible products containing PBDEs. Requires the department of ecology and the department to review risk assessments, scientific studies, and other relevant findings related to alternatives to the use of commercial PBDEs in residential upholstered furniture, televisions, and computers and to report findings by December 31, 2008.  

70.83          Phenylketonoria and Other Preventable Heritable Disorders: Requires the department to require screening tests of all newborn infants for phenylketonoria and other heritable or metabolic disorders as defined by the state board of health. Requires all positive tests for phenylketonoria to be reported to the department. Authorizes the department to collect a fee of three dollars and fifty cents for each infant screened to fund specialty clinics that provide treatment services for those with the defined disorders. The fee may be collected through the facility where a screening specimen is obtained.

70.83E       Prenatal Newborn Screening for Exposure to Harmful Drugs: Requires the department to develop screening criteria and training protocols for identifying pregnant or lactating women addicted to drugs or alcohol or at risk of producing a drug affected baby.

70.90          Water Recreation Facilities: Authorizes board of health to adopt rules governing safety, sanitation and water quality for water recreation facilities. Allows local boards of health to establish additional rules. Requires the secretary to enforce the board» s rules.

70.94          Washington Clean Air Act: Grants the department enforcement authority available under this chapter for emissions of radionuclides.

70.95          Solid Waste Management - Reduction and Recycling: Requires the department to cooperate with the departments of agriculture and ecology to adopt rules regarding labeling and notification requirements on sludge material sold or given away to the public.

70.95K       Biomedical Waste: Authorizes the department, at the request of an applicant, to evaluate the environmental and public health impacts of biomedical waste treatment technologies, and grants the department rulemaking authority to implement that section. Regulates the disposal and collection of residential sharps waste.

70.95M      Mercury: Pregnant women and children under three years shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product. Requires the department to develop an educational plan for schools, local governments, businesses, and the public on the proper disposal methods for mercury and mercury-added products. Allows the secretary to suspend the requirements of this section if there is an outbreak of vaccine-preventable disease or a vaccine shortage. Department expenses must be paid for with funds from the state toxics control account. 

70.96A       Treatment for Alcoholism, Intoxication and Drug Addiction: Requires the department to execute an interagency agreement with three other agencies (DSHS, OSPI, and Corrections) to coordinate identification, prevention and intervention programs for fetal alcohol exposure.

70.98          Nuclear Energy and Radiation: Designates the department as the state radiation control agency, and grants it broad authority to carry out the regulatory provisions of this chapter. The department is required to provide by rule for the licensing of byproduct, source, special nuclear materials, or devices or equipment utilizing such materials, or other radioactive material occurring naturally or produced artificially. Authorizes suspension and revocation of licenses, and requiring financial assurance.

70.104       Pesticides - Health Hazards: Authorizes the department to investigate all suspected human cases of pesticide poisoning. Authorizes the department to assume control of property to dispose of hazardous substances and restore the property to a non-hazardous condition. Requires that health care providers report suspected cases of pesticide poisoning to the department, in compliance with state board of health rules. Requires the department to investigate pesticide poisonings. Requires the department to develop a program of medical education to alert health care providers regarding pesticide poisoning. Creates the pesticide incident reporting and tracking review panel, and designates the department as lead agency and the secretary or a designee as a member.

70.105D     Hazardous Waste Cleanup - Model Toxics Control Act: Creates the state toxics control account, a portion of which may be appropriated to the department to implement programs to reduce testing requirements for public water systems.

70.108       Outdoor Music Festivals: Requires a permit to conduct an outdoor music festival. Requires that the application for a permit include written confirmation from the local health officer that he or she has reviewed plans and found them in compliance with the state board of health rules. Sets out the matters which the state board of health rules must address.

70.111       Infant Crib Safety Act: Intent section states that it is the intent of the legislature that informational materials regarding baby crib safety be available through the department. The chapter grants the department no specific authority to establish such a program.

70.114A     Temporary Worker Housing - Health and Safety Regulation: Designates the department as the single state agency responsible for encouraging development of temporary worker housing and coordinating the efforts of state and local agencies. Authorizes the secretary or a representative to inspect housing and enforce state board of health rules. Authorizes adoption of a temporary worker housing building code and licensure of operators of temporary worker housing.

70.116       Public Water System Coordination Act of 1977: Provides for the development of coordinated water system plans for critical water supply service areas identified by the secretary or local authorities. Authorizes the secretary to review plans. Authorizes the secretary to resolve disputes regarding overlapping service areas. Authorizes the secretary to make rules regarding satellite system management agencies for areas without a purveyor or with an inadequate purveyor.

70.118       On-Site Sewage Disposal Systems: Requires local boards of health to identify failing septic tank drain fields, and grants authority, with the advice of the department, to waive plumbing or building codes to aid in correcting failures. Regulates the use of additives. Authorizes the department to  manage the shellfish-on-site sewage grant program in Puget Sound, Pacific, and Grays Harbor counties and to provide funds to local health jurisdictions to be used as grants or loans to individuals for improving their on-site sewage systems.

70.118A     On-site Sewage Disposal Systems - Marine Recovery Areas: Requires the department to provide assistance, review, approve or disapprove local health jurisdictions» on-site program management plans.

70.118B     Large On-Site Sewage Disposal Systems: Authorizes the department to establish standards and rules for the siting, design, construction, installation, operation, maintenance, and repair of large on-site sewage systems. Requires the department to provide assistance, review, approve or disapprove local health jurisdictions» on-site program management plans. Requires the department to issue annual operating permits and to enforce system requirements.

70.119       Public Water Supply Systems - Operators: Grants the secretary authority to adopt and enforce rules for the certification of operators, continuing education, and classifying water purification plants and distribution systems. Requires the secretary to categorize all public water systems. Authorizes issuance, renewal and revocation of certificates, and sets out penalties for violations.

70.119A     Public Water Supply Systems - Penalties and Compliance: Authorizes the department and local health jurisdictions to enforce state board of health rules, including the authority to enter the premises of a public drinking water system. Authorizes a drinking water program within the department to assume primary enforcement of portions of the federal safe drinking water act. Creates the water supply advisory committee.  Authorizes the department to ensure water use efficiency requirements and rules.

70.121       Mill Tailings - Licensing and Perpetual Care: Grants the department authority to license thorium and uranium mining operations, and sets out requirements for licensure, including a plan for reclamation and disposal of tailings and decommissioning of the site. Authorizes the secretary to monitor compliance with the license, including on-site inspections, and to require posting of a bond.

70.122       Natural Death Act: Requires the department to develop rules, establish and maintain a statewide health care digital declarations registry. The department is not liable for any claims or demands arising out of the administration or operation of the health care declarations registry.

70.123       Shelters for Victims of Domestic Violence: Requires that DSHS consult with the department in carrying out the duties assigned to it under this chapter.

70.127       Home Health, Hospice and Home Care Agencies - Licensure: Grants the department the authority to license and inspect home health, hospice and home care agencies; to develop minimum standards and rules for the operation of those agencies; and to enforce those standards and rules. Requires annual licensing. Authorizes denial, suspension or revocation of licenses.

70.129       Long Term Care Resident Rights: Requires the long-term care ombudsman to consult with the Departments of Health and Social and Health Services, long term care facility organizations, resident groups, and senior and disabled citizen organizations.

70.140       Area-Wide Soil Contamination: Requires the department of ecology to work with the department to reduce the potential for children's exposure to area-wide soil contamination in schools and child care facilities west of the crest of the Cascade mountains. The department may also help develop best management practices and guidelines.

70.142       Chemical Contaminants and Water Quality: Requires the state board of health to establish rules regarding allowable concentrations of synthetic chemical contaminants and rules regarding monitoring requirements. Results of those tests shall be provided to the department and local health departments. Public water systems determined not to be in compliance with the water quality standards must submit a plan of correction to the department.

70.148       Underground Petroleum Storage Tanks: Requires the Department of Ecology to consult with the department regarding charity care that is provided by a rural hospital in return for financial assistance for operation of an underground storage tank.

70.155       Tobacco - Access to Minors: Regulates the sale and distribution of tobacco products to prevent access to those products by minors. Creates the youth tobacco prevention account to be used by the department to implement this chapter; to assist in the cost of enforcement and licensing activity, and to provide grants to local health departments or other agencies for tobacco intervention strategies to prevent and reduce tobacco use by youth.

70.168       Statewide Trauma Care System: Creates the emergency medical services and trauma care steering committee. Grants to the department the authority to establish the Washington state emergency medical services and trauma care system, including rulemaking authority. Requires the department to establish standards and create system.  Authorizes the department to accept applications from and make designations of trauma care service providers, and to establish a state-wide data registry. Creates regional and local emergency medical services and trauma care councils to assist in administering the state-wide system.

70.170       Health Data and Charity Care: Sets out required and prohibited hospital practices and policies regarding provision of care to those unable to pay. Requires the department to develop rules and monitor compliance with those requirements and prohibitions. Provides for an assessment against hospitals to pay for data collection required by this section.

70.175       Rural Health System Project: Authorizes the department to establish the Washington rural health system project to provide financial and technical assistance to participants. Grants the department the authority to adopt rules; to design and implement the project selection process; and to design, approve, and implement standards; identify resources; administer funds; and report to the legislature. Grants the department the authority to adopt and administer standards for the construction, maintenance, operation and licensure of rural health care facilities.

70.180       Rural Health Care: Authorizes the department to establish or contract for a health professional temporary substitute resource pool and to establish a registry of health care professionals available to practice on a short term basis in rural communities. Authorizes the department to develop a plan for increasing rural training for health care professionals, and to develop a state-wide plan for access to midwifery services.

70.185       Rural and Underserved Areas - Health Care Professional Recruitment and Retention: Authorizes the department to establish a health professional recruitment and retention clearinghouse. Allows the department to call on other state agencies for assistance, and to develop a mechanism to allow enrollment above enrollment lids at educational and training programs in underserved and rural areas.

70.190       Family Policy Council: Establishes the family policy council, and designates the secretary as a member.

70.195       Early Intervention Services - Birth to Six: Creates a state birth-to-six interagency coordinating council, appointed by the governor. Requires coordination among state agencies, including the department, and with local agencies in the planning and delivery of early intervention services for infants and toddlers.

70.198       Early Intervention Services - Hearing Loss: Creates an advisory council to provide effective early interventions for children in the state who are deaf or hard of hearing and their families. Council membership includes a representative from the department. Requires coordination among state agencies with local agencies in the planning and delivery of early intervention services for infants and toddlers.

70.225       Prescription Monitoring Program: Authorizes the department to adopt rules, establish, and maintain a prescription monitoring program to monitor the prescribing and dispensing of all schedules II, III, IV, and V controlled substances and additional drugs identified by the Board of Pharmacy with a potential for abuse by all professionals licensed to prescribe or dispense such drugs. Also requires the department to maintain procedures to ensure that the privacy and confidentiality of patients and patient information.

70.230       Ambulatory Surgical Facilities: Authorizes the secretary to license ambulatory surgical facilities, adopt rules, collect fees, initiate investigations and enforcement actions for complaints, and conduct facilities surveys. The secretary may deny, suspend, or revoke the license of any ambulatory surgical facility. Directs the department to establish and adopt minimum standards and rules pertaining to the construction, maintenance, and operation of ambulatory surgical facilities. The secretary is directed to determine which accreditation organizations have substantially equivalent standards and licensing requirements that meet state standards. Establishes the ambulatory surgical facility account in the custody of the State Treasurer.     

Title 71 Mental Illness

71.09          Sexually Violent Predators: RCW 71.09.040 requires DSHS to consult with the department and the department of corrections in adopting rules regarding the qualifications of persons conducting evaluations.

71.12          Private Establishments: Requires licensure by the department of private hospitals, sanitariums, homes, or other places receiving or caring for any mentally ill or mentally incompetent person or alcoholic. Authorizes the department to inspect facilities prior to and after licensure, and to issue and renew licenses

Title 74 Public Assistance

74.09

                    Medical Care: RCW 74.09.055 authorizes the department establish co-payment, deductible, coinsurance, or other cost-sharing requirements for recipients of any medical programs defined in RCW 74.09.010. RCW 74.09.710 requires DSHS in collaboration with the department, to design and implement medical homes for its aged, blind, and disabled clients in conjunction with chronic care management programs. Programs must be evidence based. DSHS and the department must also evaluate the effectiveness of current chronic care management efforts.

74.12          Temporary Assistance for Needy Families: Establishes state TANF program. Provides that DSHS staff provide TANF recipients information and assistance regarding family planning, including alternatives to abortion, in consultation with the department. RCW 74.12.410 requires the department to apply for federal abstinence education funds and seek and accept local matching funds for that purpose.

74.15          Care of Children, Expectant Mothers, and Developmentally Disabled: Grants the secretary the authority to develop minimum requirements for licensure of agencies; to inspect and investigate agencies; and to issue certificates of compliance.

74.20A       Support of Dependent Children - Alternative Method - 1971 Act: RCW 74.20A.056 sets out the process for a finding of financial responsibility based on an affidavit of paternity filed with the state registrar of vital statistics, and grants the department authority to draft rules to carry out the provisions of that section.   

74.31          Traumatic Brain Injuries: Establishes the Washington Traumatic Brain Injury Strategic Partnership Advisory Council and calls for department representation on the Council.

74.34          Abuse of Vulnerable Adults: Grants immunity and whistleblower protection against retaliation to persons who report abuse of vulnerable adults to the department or DSHS in connection with long-term care, home health and home care facilities and services.

74.42          Nursing Homes - Resident Care, Operating Standards: Requires DSHS to coordinate with the department when inspecting long term care beds in hospitals.

Title 77 Fish and Wildlife

77.32          Licenses - Surcharge to Fund Biotoxin Testing and Monitoring: RCW 77.32.555 authorizes a surcharge to Fish and Wildlife licenses to fund department biotoxin testing and monitoring of beaches used for recreational shellfishing.

77.60          Shellfish - Aquatic Nuisance Species Committee: Creates the Aquatic Nuisance Species Committee on which the department has a representative.

77.65          Direct Retail Endorsement » Requirements: Requires an individual to obtain and submit to the department a signed letter on appropriate letterhead from the health department of the county in which the individual makes his or her official residence or where the hailing port for any documented vessel owned by the individual is located as to the fulfillment of all requirements related to county health rules, including the payment of required fees. The local health department generating the letter may charge a reasonable fee for any necessary inspections.  

Title 80 Public Utilities

80.04          Regulations - General: Authorizes the utilities and transportation commission to audit a non-municipal water system upon receipt of an order from the department finding that the system does not meet department or board of health standards. Authorizes customers to file complaints, and authorizes the commission to request the department or local health department to conduct a test to determine compliance with state drinking water standards.

80.28          Gas, Electrical and Water Companies: Grants immunity from lawsuits based on noncompliance with federal or state requirements to a water company that assumes responsibility for a noncompliant water system if the company has submitted and is complying with a plan and schedule of improvements approved by the department.

80.50          Energy Facilities - Site Locations: Creates the energy facility site evaluation council, and designates the secretary or a designee to serve on the council.

Title 87 Irrigation

87.03          Irrigation Districts Generally: Grants immunity from lawsuits based on noncompliance with federal or state requirements to an irrigation district that assumes responsibility for a noncompliant water system if the irrigation district has submitted and is complying with a plan and schedule of improvements approved by the department.

Title 90 Water Rights Environment

90.03          Water Code: Establishes a process for the review and approval of interties between public water systems, and designates the department as the lead agency for review and approval of proposals for new interties, after which an application must be filed with the department of ecology for a change in existing water rights.

90.46          Reclaimed Water Use: Grants the department, in coordination with the department of ecology, authority to create standards, procedures and guidelines for the industrial and commercial use of reclaimed water, and for land use of reclaimed water. Grants authority to issue reclaimed water use permits to the department (for commercial and industrial use) and the department of ecology (for land use). Authorizes the department to create an advisory committee to provide technical assistance in developing standards, procedures, and guidelines.

90.48          Plans and Proposed Methods of Operation and Maintenance of Sewerage or Disposal Systems to be Submitted to Department - Exceptions - Time Limitations: Grants the department the authority to approve construction, maintenance, operations of sewerage systems and sewage treatment or disposal plants.

90.71          Puget Sound Water Quality Protection: Creates the Puget Sound Partnership. (updated by CT)

90.72          Shellfish Protection Districts - Establishment - Governing Body » Programs: Authorizes counties to establish, manage, regulate shellfish protection districts. Counties are required to create a shellfish protection district within 180 days of the department closing or downgrading a shellfish growing area due to ongoing non-point pollution sources. Counties shall consult with the department of health, the department of ecology, the department of agriculture, or the conservation commission as appropriate. (updated by CT)