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Rule
Making Process and Activities
Historic Rule Making
This
page describes the status of past rule reviews. For
a complete listing and summary of the Board's rule making authority please
refer to the Draft Summary of Board Authority.
For past rule making, please see the
following
descriptions.
The
Board delegates some of its rule making functions to the
Department
of Health under a delegation policy adopted
in November 2000. The Board has developed a
flow
chart that outlines the roles and processes under which the Board
normally works with the state Department of Health to develop and approve
these rules.
If you have any questions about this process, please
contact
Craig McLaughlin at 360-236-4106.
Return to current rule making
Index to Historic Rule Making
Communicable Disease Control and Prevention
Healthy Behaviors (Formerly Children's Health & Well-Being)
Environmental Health
Communicable Disease Control and Prevention
Emergency Powers of Local Health Officers
Local health officer and
local health department duties are listed in Chapters
246-101-505 WAC and
246-100-036 WAC. Local health officials are
required to determine appropriate action for instituting disease prevention
and infection control, isolation, detention, and quarantine measures
necessary to prevent spread of communicable disease, invoking the power of
the courts to enforce these measures when necessary. The Board determined
rule revisions were needed to facilitate coordination of activities between
various state and local entities that have a role in emergency management
operations. In addition, rules were needed to ensure swift enforcement of a
public health officer's acts when discharging her or his duties under state
and local laws and rules.
See
emergency
powers page for more information.
Statutory Authority:
Chapter
43.20 RCW
SBOH Contact:
Craig McLaughlin,
360-236-4106
DOH Contact:
Michelle Davis,
360-236-4044
In December 2002, the Board adopted rules that clarify the processes for
isolation and quarantine (for more information, visit the
emergency powers rules page). Changes to
246-100-036 WAC included an incorrect publication date and edition
number for the Control of Communicable Disease Manual. The Board initiated
expedited rule making to correct this reference.
- CR-105 filed April 15 as
WSR 03-09-066.
- Board adopted proposed changes July 9.
Statutory Authority:
Chapter 43.20 RCW
SBOH Contact:
Craig McLaughlin,
360-236-4106
DOH Contact:
Michelle Davis,
360-236-4044
Return to index
HIV/Pregnant Women
Existing rules regarding HIV counseling and testing for pregnant women,
contained in Chapter 246-100 WAC, sections
207,
208, and
209, were adopted in 1988. Since that time, therapies and medical
practices have been identified that prevent most cases of perinatal HIV
transmission. Changes are necessary to assure these rules are consistent
with current medical science, public health practice, federal
recommendations, and community needs.
Statutory Authority:
Chapter 70.24 RCW
SBOH Contact:
Craig McLaughlin, 360-236-4106
DOH Contact:
Michelle Davis, 360-236-4044
Return to index
Healthy Behaviors (Formerly Children's Health and
Well-Being)
Auditory and
Visual Screening
Chapter 246-760 WAC sets requirements for hearing and vision screening
in public schools. All students must be screened in kindergarten and Grades
1-3, 5, and 7, and students in other grades may be screened if resources
permit. Also, students symptomatic of possible vision or hearing problems
must be screened. The rules also include screening and equipment standards,
personnel qualifications, and referral procedures. The rule was reviewed to
assess current screening requirements and to make necessary housekeeping
changes. The review was conducted in conjunction with the Office of the
Superintendent of Public Instruction and the Department of Health.
- CR-101 filed May 13, 1999 as
WSR 99-11-030.
-
Memo sent to the Board from DOH summarizing the rule review analyses
on September 28, 2001.
- Board delegated rule making to Department of Health for the purpose
of making housekeeping changes only on October 10, 2001.
- Public hearing held by Department of Health on housekeeping changes
on August 27, 2002. CR 103 filed as
WSR 02-20-079.
Statutory Authority:
Chapter 28A.210 WAC
SBOH Contact:
Tara Wolff,
360-236-4101
DOH Contact:
Vic Colman,
360-236-3731
Return to index
Immunizations--Emergency
WAC 246-100-166 specifies the required immunizations all children must
receive before entering schools, preschools, and child care centers. The
rule does not allow conditional status for children who cannot obtain
certain required immunizations in the event of a vaccine shortage. The rule
was changed on a temporary, emergency basis from June to October 2002 to
grant the state health officer the power to declare a shortage in vaccine so
that schools and licensed child care facilities could allow children who
were not fully immunized to attend school in early September or any other
applicable time. The permanent rule is currently under review for
housekeeping (not substantive) changes.
- CR-101 filed April 26, 2002 as
WSR 02-10-066.
- Letter to interested
parties sent May 17, 2002.
- Board passed a temporary emergency rule on June 12, 2002 to allow
for conditional status when a vaccine shortage exists. CR-103 filed June
28, 2002 as
WSR 02-14-075 and expired on October 28, 2002.
- Housekeeping changes submitted April 23, 2003 as
WSR
03-09-126.
- CR-103 filed April 1, 2005 as
WSR
05-08-094.
Statutory Authority:
Chapter 28A.210 RCW
SBOH Contact:
Tara Wolff,
360-236-4101
DOH Contact:
Vic Colman,
360-236-3731
Return to index
Newborn Screening
Chapter 70.83 RCW authorizes the Board to determine the list of
disorders, in addition to phenylketonuria (PKU), which is required by law,
that must be screened for in newborns.
Chapter 246-650 WAC required screening for PKU, congenital
hypothyroidism, hemoglobinopathies such as sickle cell disease, and
congenital adrenal hyperplasia. Medical and technological advances have made
it feasible to screen newborns for an increasing number of disorders. Adding
disorders to the panel could further prevent illness and death through early
detection and treatment of affected newborns. On October 15, 2003 the Board
adopted revisions to Chapter 246-650 WAC that add five new disorders:
biotinidase deficiency, galactosemia, homocystinuria, medium chain acyl co-A
dehydrogenase deficiency, and maple syrup urine disease. They also address
privacy requirements.
- CR-101 filed April 4, 2001 as
WSR 02-03-136.
- Newborn Screening Advisory Committee presented
criteria and
recommendations to the Board on
May
8, 2002.
- Privacy issues addressed by the Board's
Genetics Task Force.
- CR-102 filed August 20, 2003 as
WSR 03-17-092.
- Proposed rule adopted with minor
amendments October 15, 2003.
- CR-103 filed November 24, 2003 as
WSR
03-24-026.
- Screening for new disorders began January 1, 2004. Implementation
began June 2004.
Statutory Authority: Chapter
70.83 RCW and
Chapter 43.20 RCW
SBOH Contact:
Tara Wolff,
360-236-4101
DOH Contact:
Vic Colman,
360-236-3731
Return to index
Prenatal Testing
Prenatal tests,
Chapter 246-680 WAC, congenital and heritable disorders, was reviewed to
determine any necessary changes in standards for prenatal procedures used to
identify congenital or heritable disorders prior to birth. The proposed rule
updated prenatal tests requirements to current standards of practice, added
three new tests, and changed the word "partner" to "biological father".
Statutory Authority: RCW
48.21.244,
48.44.344,
48.46.375
SBOH Contact:
Tara Wolff,
360-236-4101
DOH Contact:
Victor Colman,
360-236-3731
Return to index
Scoliosis Screening
Review of
Chapter 246-762 WAC sets the requirements for screening children in
school for scoliosis. The rule was reviewed to assess the current screening
requirements and to make necessary housekeeping changes.
- CR-101 filed May 13, 1999 as
WSR 99-11-031.
- The Board delegated rule-making to the Department of Health for the
purpose of making housekeeping changes only on October 10, 2001.
- Public hearing held by the Department of Health on housekeeping
changes August 27, 2002.
- CR-103 filed September 30, 2002 as
WSR 02-20-076.
Statutory Authority:
Chapter 28A.210 WAC
SBOH Contact:
Tara Wolff,
360-236-4101
DOH Contact:
Vic Colman,
360-236-3731
Return to index
Vital Statistics
There is a statutory requirement for the state of Washington to collect
certificate data for live births, deaths, fetal deaths, marriages, and
divorces.
Chapter 246-491 WAC was revised to comply with new federal standards and
make the certificates more likely to be completed accurately.
Statutory Authority:
Chapter 43.20 RCW and
Chapter 26.33.330 RCW
SBOH Contact: Craig McLaughlin,
360-236-4106
DOH Contact: Michelle Davis,
360-236-4044
Return to index
Environmental Health
Clandestine Drug Lab Cleanup Standards
Chapter 246-205 WAC establishes standards for decontamination of illegal
drug sites. This chapter of rules deals with the certification of
contractors, clean up standards, and the responsibility of local health
officers for the clean up of illegal drug sites.
- The State Board of Health delegated rulemaking to the Secretary of
Health on May 10, 2000.
Statutory Authority:
Chapter 64.44 RCW
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Kelly Cooper, 360-236-3012
Return to index
Food Service,
Service Animals
WAC 246-215, revisions to the Food Service regulation are necessary
to be consistent with the Americans with Disabilities Act and
Chapter 70.84 RCW.
- State Board of Health adopted March 13, 2002.
- CR-103 filed April 9, 2002 as
WSR 02-09-028.
- Rule became effective April 13, 2002.
Statutory Authority:
Chapter 43.20 RCW
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Kelly Cooper, 360-236-3012
Return to index
Food Worker Card Applicability to Adult Family Homes
In WAC 246-217, the State Board of Health establishes standards and fees
for food worker cards. The adult family homes industry requested the Board
consider limiting the requirement for food worker cards to adult family home
providers and resident managers. The Board decided that this request was
contrary to requirements of Chapter 69.06 RCW, but moved adult family homes
from the listing of "institutional operations."
Statutory Authority:
Chapter 69.06 RCW
SBOH Contact:
Ned Therien,
360-236-4103
DOH Contact:
Kelly Cooper,
360-236-3012
Return to index
Food Worker Card Fees
In
WAC 246-217-025, the State Board of Health establishes the fee local
health jurisdictions charge for training food workers. The Environmental
Health Directors asked the Board to raise fees to cover their costs.
The Board approved raising the food worker card fee to $10, effective
January 1, 2003.
Statutory Authority:
Chapter 69.06 RCW
SBOH Contact:
Ned Therien,
360-236-4103
DOH Contact:
Jan Haywood,
360-236-3011
Return to index
Public Water
Systems--Group A
Revisions to the Group A Public Water System Regulation,
Chapter 246-290 WAC, are necessary to be consistent with federal rules
and regulations.
- State Board of Health delegated rulemaking to the secretary of
health on June 13, 2001 for Group A Public Water Supplies to be
consistent with federal rules and regulations in four areas:
1. Public notification requirements.
2. Disinfection profiling and benchmarking.
3. A maximum contaminant level for radio nuclides.
4. Lead and copper corrosion control measures.
- CR-101 filed August 22, 2001 as
WSR 01-17-111.
Additional revisions to the Group A Public Water Supplies regulations,
Chapter 246-290 WAC, were considered subsequently.
- On June 13, 2002, the State Board of Health directed its executive
director to issue a CR-101 for Chapters 246-290 WAC and 246-291 WAC to
consider whether to adopt the federal arsenic standard of 10 ppb for
Group A and Group B public water systems, and to include adopting the
federal Long-Term 1 enhanced Surface Water Treatment Rule in Chapter
246-290 WAC by reference.
- CR-101 filed September 12, 2002 as
WSR 02-19-061.
- In March 2003 DOH asked the Board to withdraw WSR 02-19-061 and file
a new CR-101 to also consider applying the federal arsenic standard to
Transient Non-Community Water Systems. On March 19, 2003 the Board
issued a new CR-101 for Chapter 246-290 WAC as
WSR 03-07-103.
- On January 14, 2004 the Board held a hearing on the draft revision
to Chapter 246-290 WAC, Group A Public Water Systems.
- Group A Public Water systems CR-103,
WSR 04-04-056, filed January 30, 2004.
For additional information on these rule revisions, please go to the DOH
Web page at
http://www.doh.wa.gov/ehp/dw/our_main_pages/arsenic.htm.
Return to index
Separating Large and Small OnSite Sewage System Chapter
Rules for large and small onsite sewage systems were combined in
Chapter 246-272 WAC. The Department of Health recommended creating a
separate chapter for large onsite sewage systems (LOSS), those systems with
flows from 3.500 gallons per day to 14,500 gallons per day, to simplify the
rule revision processes.
Statutory Authority: Chapter
43.20 RCW
SBOH Contact:
Craig McLaughlin,
360-236-4106
DOH Contact:
Kelly Cooper,
360-236-3012
Return to index
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