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SBOH Home • Bill Watch 2009

Last updated:  December 01, 2011

2009 Bill Watch

Above items in gray are dead.

It is the policy of the Washington State Board of Health ( Policy 01-001 [32 KB]) to monitor and comment on issues before the Legislature that fall into at least one of the following four categories.

• Category 1: Impacts the Board's statutory authority
• Category 2: Runs counter to a policy direction the Board has established in rule
• Category 3: Is directly related to one of the Priority Topics established by the Board each biennium, as supported by a Board-approved work plan, interim document, or final report
• Category 4: Is directly related to a policy issue addressed in a policy statement adopted by the Board prior to each session

In addition, the Board thought it prudent to discuss some major issues likely to appear on the Legislature's agenda and to reach agreement on the sense of the Board prior to session. The Statement of Policy on Possible 2009 Legislative Issues [42 KB]  represents the sense of the Board on a limited number of significant issues that the Board discussed as a whole prior to session, and is intended to guide Board staff and individual Board members in their communications.

Bill Number:	HB 1157
Short Title:	Emergency information delivery
Prime Sponsor:	Anderson
Status:	Technically dead.
Digest:	The bill would establish a workgroup to study how to improve the delivery of emergency information to the public and deliver a report with recommendations to the Legislature and Governor by December 1, 2009.
Full Text:	View text on-line
Reason for Interest:	Category 3: The Board’s strategic plan includes a goal to reduce health disparities and calls for support of the Governor’s Interagency Council on Health Disparities, which has a grant to increase communications capacity with communities of color, including during emergencies.
Explanation:	The bill does not consider outreach to vulnerable and hard-to-reach populations such as those with limited English proficiency. The Board recommends that the workgroup review the impact of emergency alert system delivery mechanisms on hard-to-reach populations and include in its final report recommendations on how to improve the emergency information system to promote safety for all of Washington’s diverse communities. In addition, the bill does not include a representative from the Department of Health on the adjutant general’s workgroup. The Board believes public health representation is critical since public health plays a vital role in responding to emergencies.
Recommendation:	Recommend amendments
Board Action:	Letter [50 KB] with suggested amendments sent to House Committee on Public Safety & Emergency Preparedness regarding HB 1157
Staff Assigned:	Christy Curwick Hoff
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Bill Number:	2SHB 1165 | SB 5279
Short Title:	Unwanted drug disposal
Prime Sponsor:	Morrell | Kline
Status:	Technically dead.
Digest:	View digest on-line
Full Text:	View text on-line
Reason for Interest:	Category 4: The Board’s policy statement supports pharmaceutical take back programs
Explanation:	This bill would require pharmaceutical manufacturers to participate in a product stewardship program for unwanted drugs held by consumers. The programs could be run by individual producers or cooperatively through stewardship organizations. The SBOH would like to see development of sustainable programs to take back unused pharmaceuticals to prevent inappropriate or accidental use. The Board is particularly concerned about opioid misuse and abuse. The substitute bill includes controlled substances (narcotics). Unfortunately, inclusion of controlled substances might be held invalid because federal rules restrict pharmaceutical take back programs from including them.
Recommendation:	Support concept with concern. Send Letter.
Board Action:	See letters on  HB1165 [50 KB] and SB 5279 [52 KB]
Staff Assigned:	Ned Therien and Tara Wolff
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Bill Number:	SHB 1416 | SB 5361
Short Title:	Feeding hungry children
Prime Sponsor:	Sullivan | McDermott
Status:	Technically dead.
Digest:	View digest on-line for SHB 1416 and SB 5361
Full Text:	View text on-line for SHB 1416 and SSB 5361
Reason for Interest:	Category 4: The Board’s policy statement supports using science and public health best practice to improve nutrition in schools. This includes improving the quality and availability of school meal programs.
Explanation:	In times of rising unemployment, more families are likely to experience food insecurity or hunger. Feeding low-income children is critical on many fronts including children’s ability to perform well academically. Washington state Healthy Youth Survey data indicates an association between not eating breakfast and academic risk. Studies of school breakfast programs show improved nutrition and academic achievement. Necessary funding of roughly $4 million per biennium is not in Governor’s budget.
Recommendation:	Support concept. Send letter.
Board Action:	See letters on HB 1416 [52 KB] and HB 5361 [52 KB]
Staff Assigned:	Tara Wolff
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Bill Number:	HB 1632
Short Title:	Annual school performance reporting
Prime Sponsor:	Seaquist
Status:	Technically dead.
Digest:	View digest on-line.
Full Text:	View text on-line.
Reason for Interest:	Category 2: Related to school environmental health and safety rule.
Explanation:	Board removed report requirements in drafts of school rules because of questions about limits on its authority. Staff and parents strongly advocated for public reporting. This bill would achieve reporting through existing channels, keeping the administrative burden on schools to a minimum.
Recommendation:	Support provisions related to school health and safety. Send letter.
Board Action:	See letter on HB 1632 [50 KB]
Staff Assigned:	Ned Therien
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Bill Number:	ESHB 1703 | SB 5707
Short Title:	Child immunization exemptions
Prime Sponsor:	Cody | Keiser
Status:	Technically dead.
Digest:	Requires certain documents for child immunization exemptions (SB 5707). Requires a certificate of exemption for child immunization exemptions (SHB 1703).
Full Text:	View text on-line for ESHB 1703 | SB 5707
Reason for Interest:	Category 2&4 for SB 5707: The Board policy statement endorses well-considered efforts to discourage overuse of exemptions. Board rules allow medical doctors, osteopaths, naturopaths, physician assistants, or nurse practitioners   to authorize medical exemptions.  SB 5707 only allows licensed physicians to issue a medical exemption.  Board rules allow parents (defined as (a) the mother, father, legal guardian, or any adult in loco parentis of a child 17 years of age or older, (b) a person 18 years of age or older, or (c) an emancipated minor) to claim a philosophical or personal exemption by signing a Certificate of Exemption. SB 5707 would require two notarized documents to obtain such an exemption. One of the documents would come from a licensed physician, physician assistant, or nurse indicating that the parent, legal guardian, or person acting in loco parentis has received information about the benefits and risks of immunization. The other document would be signed by the parent, legal guardian, or person acting in loco parentis. SHB 1703 has addressed these concerns (above).
Explanation:	The Board supports the goals of both bills. But the Board has concerns about SB 5707 which incorporates provisions that are not clearly public health-related. The Board supports the concept of providing parents with vaccine information that is scientifically based, and information on the implications of their decision in the event of an outbreak.  However, the Board would be cautious about an approach that requires notarized documentation. The immunization rule on medical exemptions is out of synch with SB 5707. The Board would like subsection (2) in section 1 of the bill to say “or other health care providers as allowed by Board rule” or specify a broader list of providers in RCW.
Recommendation:	Support concept. Recommend amendment. Testify
Board Action:	See written testimony [44 KB]. Craig McLaughlin signed in support of SHB 1703 and was available for questions.
Staff Assigned:	Tara Wolff
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Bill Number:	SHB 2147 | E2SSB 5973 | HB 2149
Short Title:	Achievement gap
Prime Sponsor:	Liias | Kauffman | McCoy
Status:	E2SSB 5973 has passed and been sent to Governor. SHB 2147 and HB 2149 are technically dead.
Digest:	SHB 2147 | SSSB 5973 | HB 2149
Full Text:	SHB 2147 | SSSB 5973 | HB 2149
Reason for Interest:	Category 3: The Board’s strategic plan includes a goal to reduce health disparities and calls for support of the Governor’s Interagency Council on Health Disparities, which has selected education as one of its priorities for the first version of its action plan.
Explanation:	The Board has long supported efforts to reduce the academic achievement gap, as education is a clear social determinant of health and the promotion of health equity and the reduction of health disparities is a longstanding goal of the Board. These bills attempt to implement recommendations from five studies on academic achievement gaps. The Board supports keeping the recommendations on the state’s public policy agenda. 2SSB 5973 would create an oversight and accountability committee staffed by the Center for the Improvement of Student Learning to recommend policies and strategies to address the achievement gap, would require the Professional Educator Standards Board to recommend model standards for cultural competency and to provide assistance to school districts to advance cultural competence skills in the workforce, directs the Office of Superintendent of Public Instruction to disaggregate student data in reports for specific racial/ethnic and other subgroups and to secure federal funds to support enhanced data collection and other model programs and innovations. HB 2149 would have awarded a planning grant to create an implementation plan for millennium schools, if funds were appropriated. SHB 2147 would have established an oversight and accountability committee to provide guidance and recommendations on measures and strategies to close the achievement gap. It also would have directed OSPI to create an implementation plan for up to three Innovation Academies.
Recommendation:	Support concept
Board Action:	Letter sent on HB 2147 and HB 2149 [52 KB]. Letter sent on SB 5973 [52 KB].  Letter sent on SSSB 5973.
Staff Assigned:	Christy Curwick Hoff
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Bill Number:	2SHB 2167 | ESSB 5889
Short Title:	Providing flexibility in the education system
Prime Sponsor:	Maxwell | Hobbs
Status:	Engrossed substitute SB 5889 passed and has been delivered to the Governor.
Digest:	Provides flexibility in the education system to reduce costs.
Full Text:	View text on line for 2SHB 2167 and ESSB 5889
Reason for Interest:	Category 2 & 4: HB 2167 and SB 5889 would suspend compliance with a Board rule requiring schools to provide visual and auditory screening to students. Policy statement endorses policies that increase capacity to pursue full immunization of children and both bills could jeopardize federal immunization funding.
Explanation:	The Board had concerns with sections 6, 7 and 10 of the original companion bills. Section 10 would suspend a reporting requirement concerning the immunization status of school children. This would prevent the Department of Health from complying with the requirement of a federal immunization grant that provided $180.3 million to the state this biennium. Sections 6 and 7 would suspend visual and auditory screening in schools. Allowing vision and auditory problems to go undetected even for two years could lead to academic setbacks for students. Both substitutes restored the immunizations reporting requirement. SHB 2167 restored visual and auditory screening, but SSB 5889 restored screening only for special education children and children eligible for free or reduced lunch. A 5889 striker restored visual and auditory screening for all children, and allowed visual screening in schools to be performed by ophthalmologists, optometrists, or opticians who donate their professional services.
Recommendation:	Send letter or sign in with concerns.
Board Action:	See letter for HB 2167 [51 KB]. Craig McLaughlin signed in with concerns at hearing for HB 5889. See letter for ESSB 5889 [50 KB]. See letter for 2SHB 2167 [50 KB]
Staff Assigned:	Tara Wolff
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Bill Number:	ESHB 2261
Short Title:	State’s Education System
Prime Sponsor:	House Education Appropriations (formerly Sullivan)
Status:	ESHB 2261 has passed and been sent to Governor.
Digest:
Full Text:	View text on-line
Reason for Interest:	Category 3: The Board’s strategic plan includes a goal to reduce health disparities and calls for support of the Governor’s Interagency Council on Health Disparities, which has selected education as one of its priorities to eliminate health disparities.
Explanation:	The Board has long supported efforts to reduce the academic achievement gap, as education is a clear social determinant of health and the promotion of health equity and the reduction of health disparities is a longstanding goal of the Board. An amendment was adopted for this basic education bill, which would establish an oversight and accountability committee to synthesize the recommendations from the five achievement gap studies into a single implementation plan. The amendment was not included in the final bill as passed the Legislature. Pieces related to the academic achievement gap in the final bill included authorizing the quality education council to include in its recommendations goals and priorities to eliminate the achievement gap and reduce dropout rates and authorizing the State Board of Education to develop an accountability index to identify schools/districts in need of additional support so those schools/districts may undergo additional analysis to assess gaps and community support issues. The Board supports keeping the achievement gap recommendations on the state’s public policy agenda and also supported in concept SHB 2147 and 2SSB 5973
Recommendation:	Support concept
Board Action:	See letter for ESHB 2261 [50 KB].
Staff Assigned:	Christy Curwick Hoff
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Bill Number:	SB 5336
Short Title:	Dogs in bars and coffee shops
Prime Sponsor:	Jacobsen
Status:	Technically dead.
Digest:	View digest on-line
Full Text:	View text on-line
Reason for Interest:	Category 1: The Board currently has authority to adopt rules for food service establishments. Category 2: The Board has adopted 2001 FDA Food Code standards, which include prohibiting pets in food establishments. An outdoor eating area of a food establishment is considered part of the establishment.
Explanation:	SBOH food service rules have prohibited pets in food establishments for decades, based on national standards from FDA and the US Public Health Service. The Board adopted the FDA Food Code by reference in 2004 largely without change. Local health officers implement the rules in retail establishments. The rules provide local health officers with authority to give variances on a case-by-case basis. This bill would set up a pilot program to allow dogs in outdoor eating areas of certain food service establishments. The bill sets conditions to mitigate potential health hazards. It gives discretion to the local regulatory authority to adopt an ordinance to allow an exemption from the Food Code requirements. The Board recommends amendments to mesh this process with existing authority of local boards of health and correct references to the Board, rather than Department of Health.
Recommendation:	Recommend amendments
Board Action:	Suggested amendments sent to legislative staff. Executive Director signed in at Feb 9 hearing as available for questions.
Staff Assigned:	Ned Therien
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Bill Number:	SSB 5551
Short Title:	Regarding recess periods for elementary school students
Prime Sponsor:	Franklin
Status:	SSB 5551 has passed and sent to Governor.
Digest:	Requires the office of the superintendent of public instruction to collaborate with the statewide parent-teacher organization to conduct and report the results of a survey of Washington elementary schools to determine the current availability of recess for elementary students and the perceptions of the importance of recess in Washington elementary schools.
Full Text:	View full text on-line
Reason for Interest:	Category 4: The Board’s policy statement supports using science and public health best practice to improve physical activity in schools. This includes requiring that adequate time be set aside for recess and physical activity during the school day.
Explanation:	The Board recommends that in addition to considering the benefits of recess on children’s health, the benefits of fitness on academic achievement should also be taken into account in the intent section of the bill.
Recommendation:	Support
Board Action:	Craig McLaughlin testified in support in the house of origination. See written testimony.[38 KB]. Tara Wolff signed in support of SSB 5551 when it moved to the other side of the house.
Staff Assigned:	Tara Wolff
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Bill Number:	SSB 5588
Short Title:	Boards and commissions
Prime Sponsor:	Pridemore
Status:	Technically dead.
Digest:	View digest on-line
Full Text:	View substitute text on-line
Reason for Interest:	Category 1: Suspends section of Board’s authorizing statute creating the Governor’s Interagency Council on Health Disparities.
Explanation:	The Board’s strategic plan calls for reducing health disparities and one of the objectives is to support the success of the health disparities council. This bill, which impacts 158 entities, would suspend the council until July 1, 2011. Governor would need to complete a report by July 1, 2010 with recommendations on future of boards, commissions, committees and councils. State would lose federal state partnership grant because it would no longer have a qualifying state office of minority health.
Recommendation:	Send letter with concerns.
Board Action:	See letter on SB 5588 [51 KB]
Staff Assigned:	Craig McLaughlin
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Bill Number:	SB 5756
Short Title:	Concerning hazardous substance information
Prime Sponsor:	Oemig
Status:	Technically dead.
Digest:	View text on-line
Full Text:	View text on-line
Reason for Interest:	Category 4: The Board supports efforts to correct misinformation about vaccine safety and to educate the public about the importance of immunizations.
Explanation:	Unless amended to exclude approved uses of licensed medical products, this bill would require health care providers to give their patients medically and scientifically inaccurate information about vaccines based on standards for a federal data system to track industrial and municipal waste that have no relationship to safe levels of human exposure. The administration of any vaccines containing thimerosal, even trace amounts, would need to be accompanied by a warning that the vaccine contains mercury at a level that would qualify the vaccine itself as hazardous material. Such a warning would likely discourage immunization.
Recommendation:	Send letter. Oppose unless amended.
Board Action:	See letter on SB 5756 [51 KB]
Staff Assigned:	Ned Therien
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See also:

Bill Watch 2008 | Bill Watch 2007

Bill Watch 2006 | Bill Watch 2005 | Bill Watch 2004

Bill Watch 2003 | Bill Watch 2002

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