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Bill Watch - 2002 Session

Last updated: 3/1/02

HB 1328 School health aides
HB 1549 | SB 5296 Limiting minors' access to tobacco
HB 1759 Sale of hypodermic syringes
HB 2323 Retail sales by commercial fishers 
HB 2325 Donation and distribution of food
HB 2462 | SB 6523 Children with life-threatening conditions in schools
HB 2499 Health studios
HB 2582 Visual screening in schools
HB 2596 | SB 6588 Food service rules
HB 2622 | SB 6590 Children's oral health promotion in K-12
HCR 4422 Health care workforce commission
SB 5207 Privacy of genetics information
SB 6356 | HB 2885 Children's environmental health task force
SCR 8426 Select committee on indoor mold

See also:
Bill Watch 2003 | Bill Watch 2004 | Bill Watch 2005 | Bill Watch 2006
Washington State Legislature


Bill Number: HB 1328
Short Title: Requiring registration of school health aides
Prime Sponsor: Cody
Status: Did not make it out of fiscal committee by cutoff.
Digest: Declares that no certificated or noncertificated school district employee may practice or represent himself or herself as a school health aide by use of any title or description of services without being registered to practice by the [health] department, unless otherwise exempted by this act.
Full Text: Full text of HB 1328
Reason for Interest: Could precipitate Sunrise Review. Related to Board priority Children’s Health and Well Being.
Explanation: Establishes another registered profession—home health aide. Could improve number of trained caregivers and quality of care in schools unable to recruit school nurses. Could also encourage districts to hire aides instead of nurses and have a nurse oversee multiple aides. Implications for Board’s Children’s Health priority may depend on role of school health personnel in implementing list of Children’s Clinical Preventive Services.
Recommendation: Support in concept.
Board Action: Letter from Linda Lake sent 2001 session
Staff Assigned: Craig McLaughlin

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Bill Number:  HB 1549 | SB 5296
Short Title: Limiting minors' access to tobacco
Prime Sponsor: Schual-Berke | Thibaudeau
Status: Neither bill made it out of the house of origin by cutoff.
Digest: Declares that, beginning January 1, 2002, self-service displays of tobacco products are prohibited. All in-store tobacco products must be sold from behind the counter or from within locked display units. Does not apply to retailers who sell tobacco products exclusively. Does not apply to sales from within premises where minors are prohibited by statute.
Full Text: Full text of SHB 1549 | Full text of SB 5296
Reason for Interest: Consistent with menu of Critical Access Services.
Explanation:  See letter.
Recommendation: Support. Send letter.
Board Action: Letter from Linda Lake
Staff Assigned:  Craig McLaughlin

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Bill Number:  HB 1759
Short Title: Sale of hypodermic syringes
Prime Sponsor: Darneille
Status: Passed both chambers in 2001 session but Senate and House were unable to concur on amendments. Revived in House for 2002 and passed. Significantly amended in Senate Health & Long-Term Care along lines suggested by Board Member Tom Locke.
Digest: Declares that it is lawful for any person over the age of eighteen to purchase up to ten sterile hypodermic "safety" syringes and needles from a pharmacist for the purpose of reducing bloodborne diseases such as HIV and hepatitis.
Full Text: Full text of SHB 1759 | Text of Senate amendments
Reason for Interest: Communicable disease prevention.
Explanation:  See text of letter.
Recommendation: Update letter from Tom Locke and sent to Senate committee.
Board Action: Letter from Tom Locke.
Staff Assigned:  Craig McLaughlin

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Bill Number:  HB 2323
Short Title: Direct retail license for commercial fishers
Prime Sponsor: Hatfield
Status: Passed the House; referred out with do pass as amended recommendation Senate Natural Resources, Parks, and Shorelines.
Digest:

Requires the Department of Fish and Wildlife to establish and administer a direct retail license to serve as a single license that permits the holder of a Washington commercial fishing license to process and sell his or her catch directly to consumers at retail, including over the internet. The direct retail license must be issued as an optional addition to all commercial food fish or shellfish licenses that the department offers under chapter 77.65 RCW. Authorizes the department of health to develop health-based standards relating to the processing and retail sale of food fish and shellfish by the holders of a direct retail license. These standards may be developed in consultation with the department, the department of agriculture, any of the local health departments in the state, and any public health professional. The standards should be developed to protect, to the extent possible, the health of the retail consumer. The standards may vary according to the product being processed or sold by the holder of a direct retail license. Takes effect April 1, 2003.

Full Text: Full text of SHB 2323 | Senate amendments
Reason for Interest: Direct impact on Board rules for shellfish and food service establishments. 
Explanation:  Original bill would have required DOH to develop rules specific to retail sales by commercial fishers that might supercede SBOH food rules and shellfish already in place. Bill was amended in House to require compliance with existing Board rules and to exclude shellfish. Also amended in Senate to apply only to salmon and crab.
Recommendation: Neutral. Letter from Board member suggesting technical amendments reflecting Board's existing authority and rules.
Board Action: Letter from Linda Lake.
Staff Assigned:  Craig McLaughlin

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Bill Number:  HB 2325
Short Title: Donation and distribution of food
Prime Sponsor: Wood
Status: Substitute version passed House. Passed Senate with amendments. Requires concurrence. 
Digest: Declares that the purpose of this act is to authorize and facilitate the donation of food to needy persons in accordance with safety and health guidelines to assure that the donated food will not place needy recipients at risk and to encourage charitable organizations, businesses, and individuals to donate surplus food to charities serving our state's needy population. Requires the state board of health to promulgate recommended health and safety guidelines for the donation, preparation, and distribution of free food for the purposes of this act.
Full Text: Full text of SHB 2325 | Senate amendments
Reason for Interest: Would require Board to draft new guidelines and necessitate rule review.
Explanation:  As originally written, food donations would be allowed unless expressly prohibited by Board rules. Bill allows for more stringent local rules, but original bill required approval of local board of health and ratification by political subdivisions (substitute requires notification of subdivisions). Board would have to write guidelines that may be enforceable, and hence not really guidelines. Board would likely have to open up existing rules and develop new rules governing dangerous practices that would be expressly prohibited for donated foods. Amended in Senate to have Board develop rules along with existing food code revisions regulating organizations that accept and distribute food donations. DOH would develop guidelines for food donors.
Recommendation: Support concept with concerns; letter from Board member; staff testify if asked at House hearing; testify at Senate on House bill.
Board Action: Letter from Carl Osaki.
Staff Assigned:  Marianne Seifert

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Bill Number:  HB 2462 | HB  2834 | 1SB 6523
Short Title: Life threatening conditions in school
Prime Sponsor: Schual-Berke | McAuliffe
Status: HB 2834 passed in House and referred out of Senate Education with a do pass recommendation. SB 6523 passed Senate but not referred out by House Health Care.
Digest: Provides that the attendance of every child at every public school in the state shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school of a physician's medication or treatment order addressing any life-threatening health condition that the child has that may require medical services to be performed at the school. Once such an order has been presented, the child shall be allowed to attend school.
Full Text: Full text of SHB 2834
Reason for Interest: Original House bill had given Board new rule making responsibility. 
Explanation:  Original House version, HB 2462, would have require Board to write rule defining "life-threatening condition." SHB 2834 defines term in bill. SB 6523 required Board of Education to define term in consultation with Department of Health. The was amended in the substitute version do be OSPI with DOH.
Recommendation: Support in concept; recommend amendment; letter from Board member
Board Action: Letter from Vickie Ybarra.
Staff Assigned:  Doreen Garcia

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Bill Number:  HB 2499
Short Title: Sanitation and safety in health studios
Prime Sponsor: Hunt
Status: Not referred out before cutoff by House Commerce & Labor.
Digest: Declares that it is in the interests of the public health, safety, and welfare to establish requirements and guidelines for the maintenance of minimum sanitary conditions and infection control in health studios in order to assist these facilities in providing a healthy environment for patrons with an interest in improving their health status.
Full Text: Full text of HB 2499
Reason for Interest: Would have required Department of health to draft new rules that might negate existing Board rules.
Explanation:  Board's water recreation rules apply to pools and spas. Bill would require department to write new rules for pools, spas, saunas, steam rooms, and shower facilities in health and fitness clubs.
Recommendation: Letter from Linda Lake; staff available for questions at hearing.
Board Action: Letter from Linda Lake.
Staff Assigned:  Craig McLaughlin

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Bill Number:  HB 2596 | SB 6588
Short Title: Food service rule
Prime Sponsor: Linville | Rasmussen
Status: SB 6588 passed Senate. Referred out with do pass recommendation by House Agriculture & International Trade.
Digest: Declares that, effective July 1, 2004, the state board of health has the sole rule-making authority to adopt food service rules for retail food facilities, and the standards and rules adopted by and interpretations of the state board of health shall be exclusive for food service at retail food facilities. Provides that, after June 30, 2004, local health departments shall administer the state food service rules and interpretations, except as provided for in this act. Requires that, by December 1, 2003, the state board of health shall adopt updated food service rules. Periodically after July 1, 2004, the state board of health shall review and update the rules in consultation with local boards of health and the regulated community.
Full Text: Full text of SB 6588
Reason for Interest: Direct impact on Board rule.
Explanation:  Original bill would have mandated that Board draft new food code by December 1, 2003, become sole interpreter of food code, and review local emergency exemptions within two months. Substitute Senate Bill gives Board 180 days to review local exemptions, extends deadline for adopting food code to December 31, 2004, and gives department sole authority to interpret code. House amendments allow Board to grant temporary or permanent extensions for local emergency amendments when there is demonstrated need.
Recommendation: Letter; staff available at hearings to testify.
Board Action: Letter from Linda Lake and Carl Osaki
Staff Assigned:  Marianne Seifert

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Bill Number:  HB 2622 | SB 6590
Short Title: Children's oral health
Prime Sponsor: Quall | McAuliffe
Status: House version did not pass. Senate version passed but was not referred out by House Health Care before cutoff.
Digest: Declares that measures such as oral health screenings and access to oral health disease prevention methods should be readily available to children in a variety of health care settings, including dental, medical clinic, and family physician settings. If prevention methods are employed, there will be substantial savings to the state's overburdened health care system. Encourages the superintendent of public instruction, the department of health, and the department of social and health services to collectively and collaboratively develop a plan that promotes age appropriate oral health screenings and preventive services at age one and at age five, or before entering a public or private school setting. The departments may report to the legislature on their findings and recommendations.
Full Text: Full text of SB 6590
Reason for Interest: Children's Health and Well-Being priority work area.
Explanation:  Would require DSHS, OSPI, DOH to collaborate on plan, mandate that DSHS train primary care providers to do oral health assessments, and ask DOH to encourage oral health coordinators in all local health jurisdictions.
Recommendation: Send letter.
Board Action: Letter from Vickie Ybarra.
Staff Assigned:  Craig McLaughlin

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Bill Number:  HCR 4422
Short Title: Health care workforce commission
Prime Sponsor: Schual-Berke
Status: Did not make it out of fiscal committee by cutoff.
Digest: Establishes the health care work force commission.
Full Text: Full text of SHCR 4422
Reason for Interest: Board priority Health Disparities.
Explanation:  Establishes a commission to develop a strategic plan to ensure adequate supply of health care personnel. Charge includes recommending ways to increase diversity. Board was added to committee in substitute version.
Recommendation: Support. Recommend amendments for Board participation and to strengthen diversity aspect of charge. Letter from Vickie Ybarra. Staff testify at hearing.
Board Action: Letter from Vickie Ybarra.
Staff Assigned:  Craig McLaughlin

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Bill Number:  SB 5207
Short Title: Privacy of genetic information
Prime Sponsor: Hargrove
Status: Passed Senate in 2001 session, but did not make it out of committee in the House. Revived in 2002 and passed. Passed by Senate with amendments. Requires concurrence.
Digest: Not available.
Full Text: Full text of SB 5207 | House amendment
Reason for Interest: Related to Board priority area—Genetics
Explanation:  Original bill would have established a commission on genetics with similar charge to Board's Genetics Task Force. House amendments struck commission language and instead added genetic information to definition of health information in health information privacy statute.
Recommendation: Testify about work of Genetic Task Force.
Board Action: Letter from Linda Lake sent in 2001. Don Sloma testified before House Health Care in 2002.
Staff Assigned:  Don Sloma

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Bill Number:  SB 6356 | HB 2885
Short Title: Creating the children's environmental health and protection advisory council
Prime Sponsor: Franklin | Schual-Berke
Status: SB 6356 passed Senate and referred out by House Health Care. Sent to House Appropriations but not referred out before cutoff.
Digest: Creates the children's environmental health and protection advisory council. Requires the council to report to the governor by December 1, 2002, and each December thereafter with recommendations on changes in regulation that would reduce children's exposure to environmental hazards.
Full Text: Full text of 6356
Reason for Interest: Assigns significant new work to the Board. Related to Board priorities Environmental Health, Health Disparities, Environmental Justice, Children's Health and Well Being. 
Explanation:  Establishes an advisory council that would make recommendations about protecting children from environmental exposures. Includes focus on environmental justice. Substitute version requires Board to staff committee and allows it to solicit and spend external funds to do so. Reporting deadline extended to December 1, 2003. Amendment in Ways & Means adds 2005 sunset clause. House amendments would not require council to begin meeting until 2003 and would require funding to come from outside sources or existing agency funds.
Recommendation: Support original bill. Recommend role for Board. Send letter. Staff testify at hearing. 
Support concept on substitute bill. Request null and void clause if Board cannot raise private funds after making a reasonable effort. Testify at hearing.
Board Action: Letter on original version from Carl Osaki and Vickie Ybarra. Letter on substitute version from Carl Osaki and Vickie Ybarra.
Staff Assigned:  Marianne Seifert

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