|
SBOH
Current and Anticipated Rule Making 2007-09
The State Board of Health adopts rules according to
its
statutory authority
and consistent with the state's
Administrative Procedures Act.
The Board regulates our state's public health efforts
in immunization, safe drinking water, sewage disposal,
control of infectious and non-infectious diseases, and
assuring safe and healthful conditions in our
environment with special emphasis on schools, eating
establishments, and recreation sites. Its rules govern
many operations within local health jurisdictions and
certain practices among private health care providers,
health facilities, schools, child care centers, and some
businesses, such as restaurants and hotels. They also
guide some activities of the state
Department of Health.
This page describes the status of current or recent
(within the last year) 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 historic rule
making, please see the
archived 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.
Index to Current
& Anticipated Rule Making
Communicable Disease Control and Prevention
HIV/AIDS |
Notifiable Conditions
Children's Health & Well-Being
Immunizations |
Newborn Screening |
Vision Screening
Ensuring Treatment of Newborns for Sexually Transmitted
Disease
Environmental Health
Transient
Accommodations |
Group B
public Water Systems
Group A
Drinking Water Supplies
Drinking Water Laboratory Certification
Onsite Sewage
| Water
Recreation Facilities
Primary and Secondary Schools |
Disposal of Dead Animals
Zoonotic Diseases |
Human Remains |
Commercial Shellfish
Food Service |
Clandestine
Drug Labs
HIV/AIDS Policy Review
The
Board of Health and the Department of Health launched a
joint initiative to review procedures, policies, rules,
and statutes related to HIV/AIDS and other blood borne
infections in 2003. This resulted in the Board revising
rules for HIV at its April 2005 meeting. The Board
adopted additional revisions to rules regarding name
retention for HIV case reports in June 2006. For more
information, including copies of documents, visit the
HIV
Policy Review
section
of the department's Web site. The Board expects to
receive a briefing from the Department in 2008 about
implementation of the revisions and the possible need
for additional rule changes.
-
CR-103 filed May 4, 2005 as
WSR 05-11-110.
-
Board briefing on national reporting standards for
HIV on November 9, 2005.
-
New
CR-103 filed August 1, 2006 as
WSR 06-16-17
Statutory Authority:
RCW 43.20.050 and
70.24 RCW
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
John Peppert, 360-236-3427
Return to
index
Notifiable Conditions Rule Revision
The Board adopted changes to the Notifiable
Conditions chapter at a public hearing on November 10,
2004. The affected sections are
WAC 246-101-015,
101,
201, and
301. The changes expanded the list of notifiable
conditions to include conditions that were provisionally
notifiable and added hepatitis C and hepatitis B to the
list of conditions reportable by laboratories. The
provisionally notifiable conditions that were added to
the permanent list of reportable conditions are: autism
spectrum disorders, cerebral palsy, alcohol related
birth defects, newly diagnosed cases and previously
unreported cases of prevalent hepatitis B (chronic) and
hepatitis C (acute and chronic), initial genital
infection with herpes simplex, abdominal wall congenital
defects, and arboviral diseases.
Information regarding notifiable conditions is
available from the Department of Health’s Web site. The
Board expects to receive a briefing update from the
Department in 2008 regarding possibly amending the
listing of notifiable conditions.
Statutory Authority:
RCW 43.20.050 and
70.24.125
SBOH Contact:
Craig McLaughlin, 360-236-4106
DOH Contact:
Pam Lovinger, 360-236-4225
Return to index
Immunizations
WAC 246-100-166
governs the immunization of children in school and child
care against certain vaccine-preventable diseases. The
Advisory Committee on Immunization Practice, The
American Academy of Pediatrics, and the American Academy
of Family Medicine recommend routine vaccination of
children against various diseases. The Board has nine
criteria for assessing whether to require specific
vaccines as a condition of school entry.
../Goals/HealthyBehaviors/Immunizations/index.htm
Generally, the Board waits for two
years after the Department of Health has made a vaccine
available to providers in Washington State. (Under the
current system of universal purchasing, this would mean
that the state has purchased and distributed the vaccine
for two years.) As more vaccines meet this condition,
the board may elect to convene a Technical Advisory
Group to apply the nine criteria to them and make
recommendations to the Board.
The
Board convened a Technical Advisory Group (TAG) on July
25, 2007 to apply its criteria to vaccine preventable
pneumococcal diseases and to make recommendations to the
Board. The recommendations of the TAG will be presented
to the Board for their consideration on October 10,
2007.
More information available.
In
October 2007, the Board will consider a rule change to
update the Recommended Childhood and Adolescent
Immunization Schedule from the 2006 version to the 2007
version effective July 1, 2009. With this change,
schools and child care centers will be required to
follow the 2007 recommendations in order to allow entry
for the 2008 - 2009 school year. Varicella, commonly
known as chickenpox, is the sole vaccine of those
required for school entry significantly affected by this
update in schedule. Under this proposal: 1) the
requirement of a single dose before age 13 under the
prior 2006 schedule is replaced with a requirement of
two doses prior to kindergarten entry under the new
schedule, and 2) documentation by the parent of a
history of the disease will no longer be considered
proof of a child's immunization against it.As this
schedule is updated routinely, the Board will need to
continue to insure that the rule reflects the most
recent science.
Statutory Authority:
RCW 28A.210.140
SBOH Contact:
Tara Wolff, 360-236-4101
DOH Contact: Jeff
Wise, 360 236 3483
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
requires screening for PKU, congenital hypothyroidism,
hemoglobinopathies such as sickle cell disease,
congenital adrenal hyperplasia, biotinidase deficiency,
galactosemia, homocystinuria, medium chain acyl co-A
dehydrogenase deficiency, maple syrup urine disease, and
cystic fibrosis. Medical and technological advances in
recent years have made it feasible to screen newborns
for an increasing number of disorders.
A study commissioned by the federal Health Resources and
Services Administration recommended that every state
should screen newborns for a standard panel of
disorders. This panel has been endorsed by the American
Academy of Pediatrics and the national March of Dimes.
Of the 29 disorders recommended, 16 are currently not
screened for in Washington. The Board intends to
evaluate the evidence about these disorders against its
criteria for Adding Disorders to the Newborn Screening
Program.
Statutory Authority:
RCW 43.20.050 and Chapter
70.83 RCW
SBOH Contact:
Tara Wolff, 360-236-4101
DOH Contact:
Mike Glass, 206-418-5470
Return to index
Vision Screening
Chapter 246-760 WAC requires school districts to
screen the auditory and visual acuity of children
attending schools to determine if any children have
defects sufficient to retard them in their studies. In
2005, the legislature passed SHB 1951 directing DOH to
convene a workgroup to look at issues about current
vision screening practices in Washington State. The
report makes recommendations to the SBOH and the
legislature. In January of 2007, the Board accepted the
final workgroup report. There were some recommendations
in the report that the Board could elect to address in
the next two years.
Statutory
Authority:
RCW 28A.210.020
SBOH Contact:
Tara Wolff, 360-236-4101
DOH Contact:
Beth Siemon,
360-236-3516
Return to index
Ensuring Treatment of Newborns for Sexually Transmitted
Disease
WAC 246-100-202 lists duties of health care
providers related to sexually transmitted diseases. WAC
246-100-202(1)(e) requires the health care provider: “When
attending or assisting in the birth of any infant or
caring for an infant after birth, ensure instillation of
a department-approved prophylactic ophthalmic agent into
the conjunctival sacs of the infant within the time
frame established by the department in policy statement
of ophthalmia agents approved for the prevention of
ophthalmia neonatorum in the newborn, issued June 19,
1981.”
At that time, the “department” was the Department of Social
and Health Services. The policy is due for an update to
reflect current science and practice.
Statutory Authority:
RCW 70.24.130 and
RCW 70.24.380
SBOH Contact:
Tara Wolff,
360-236-4101
DOH Contact:
Sofia Aragon, 360-236-3731
Return to index
Transient Accommodations
The Board adopted revisions to
chapter 246-360 WAC, the rules for transient
accommodations, in September 2004. The possibility of
regulating homeless shelters separately was discussed
with stakeholders during this process. The Board
initiated formal consideration of special rules for
homeless shelters in 2007.
Statutory Authority:
RCW 43.20.050 and
Chapter 70.62 RCW
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Yvette Fox, 360-236-4606
Return to
index
Public Water
Systems -- Group B
In 2002 the Board filed a CR-101 to consider revising
chapter 246-291 WAC, the Group B public water system
rules, primarily to update arsenic standards. However,
in 2004, the Board asked the Department to begin an
evaluation of the need for a more comprehensive revision
of these rules. The Board re-filed a CR-101 in 2007 to
consider revision of the rules.
For additional information on this rule revision,
please go to the DOH Web pages at
http://www.doh.wa.gov/ehp/dw/our_main_pages/arsenic.htm
and
http://www.doh.wa.gov/ehp/dw/RULES/grp_b_cr-101_7-9-07.pdf.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Theresa
Phillips, 360-236-3147
Return to
index
Public Water
Supplies -- Group A
The Board has rules for large public water supply
systems in chapter 246-290 WAC. The Board received a
request from the Department of Health in 2007 for
delegation to revise this rule chapter to adopt new US
Environmental Protection Agency (EPA) provisions for
groundwater source protection. The Board had already
delegated authority to the Department to revise these
rules to be consistent with the 2003 Municipal Water Law
and to adopt the Long Term 2 Enhanced Surface Water
Treatment Rule as required by EPA. The Department of
Health has formally adopted the Municipal Water Law,
Planning and Engineering portions of chapter 246-290 (WAC)
to be consistent with the 2003 Municipal Water Law. At
the same time, it adopted the federal Long Term 2
Enhanced Surface Water Treatment Rule (also known as
LT2), and made minor technical modifications to the rule
to correct errors and clarify requirements. The
Department is currently developing a proposed rule to
adopt the EPA groundwater provisions. For additional
information, view the Department’s Web site:
http://www.doh.wa.gov/ehp/dw/our_main_pages/regula.htm.
Statutory Authority:
RCW
43.20.050
SBOH
Contact:
Ned Therien,
360-236-4103
DOH
Contact:
Theresa Phillips, 360-236-3147
Drinking Water Laboratory Certification
The Board’s
chapter 246-390 WAC, Drinking Water Laboratories,
and the Department of Ecology’s
chapter 173-50 WAC on environmental laboratory
certification overlap. The Board filed a CR-101 in
November 2006 to consider a revision to its rule,
primarily to remove duplication with Ecology’s rule. The
Board expects to receive a briefing on the proposed rule
revision in early 2008 and hold a public hearing later
in 2008. For additional information on this rule
revision, please go to the DOH Web page at
http://www.doh.wa.gov/ehp/dw/RULES/lab_regula.htm.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH
Contact:
Theresa Phillips, 360-236-3147
Smaller Onsite
Sewage Systems
The Board adopted comprehensive revisions to
chapter 246-272 WAC in July 2005, which became
completely effective in July 2007. For additional
information, visit the
Onsite Wastewater Rule Development
Web site. In
September 2005, the Board adopted an emergency rule
revising the protocol for bacteriologic testing of
treatment devices in
WAC 246-272A-0130 and delegated rule making to the
Department of Health on that date for a "permanent"
revision of
WAC 246-272A-0130 for this provision. The Department
of Health briefed
../Meetings/2007/10-10/materials.htm#Item_05_
the Board on implementation of this rule chapter in late
2007.
In
2004, the Board filed a CR-101 for the combination
activities of revising rules for large on-site sewage
systems and developing a rule for septic tank
construction standards. In 2006, the Board filed a
CR-101 to develop a new chapter 246-272C WAC for septic
tank design and construction standards. In May 2007, the
Department released a draft guidance document that will
serve as the basis for further development of a septic
tank rule proposal. For additional information, visit
http://www.doh.wa.gov/ehp/ts/WW/default.htm.
In the 2007 legislative session, the Board’s authority
for adopting rules for large on-site systems was
transferred to the Department.
In
March 2006, the Board received a petition for rule
making from the Lt. Governor and members of the Select
Committee on Hood Canal regarding approving aerobic
bacteria generator proprietary technology for
remediation of drainfields. The Board asked the
Department to initiate development of a rule, but to
expand the scope to include all types of technologies
that might be used to remediate drainfields.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Maryanne Guichard, 360-236-3391
Return to index
Large
Onsite Wastewater Sewage Systems
Comprehensive revisions to
Chapter 246-272B WAC are currently on hold. The
Board’s authority for the rules was transferred to the
Department of Health in the 2007 legislative session.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Maryanne Guichard, 360-236-3391
Return to index
Water Recreation Facilities
The Board has rules for water recreation facilities
in
Chapter 246-260 WAC.
In 2008, the Board expects to be briefed by the
Department on implementation of the rule and whether
opening the rule for additional revisions should be
considered.
-
CR-103 filed September 1, 2004 as
WSR
04-18-096.
-
Effective October 31, 2005.
Statutory Authority:
RCW 43.20.050
and
Chapter 70.90 RCW
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Vicki Bouvier, 360-236-3011
Return to index
Primary and Secondary School Environmental Health and
Safety
Chapter
246-366
WAC
is the Board’s environmental health and safety rule for
primary and secondary schools. The Board initiated a
rule revision in October 2004. The Department convened a
School Rule Development Committee (SRDC) to provide
advice on rule changes. The committee included
representatives from public health, school agencies and
organizations, parent/teacher associations, parents, and
school staff. The SRDC recommendations were considered
by the Department in developing a first draft rule
revision proposal, which was released in March 2006. The
Department and Board received much public comment on the
first draft. The Board adopted
recommendations of its Environmental Health Committee in
December 2006 providing direction to the Department
regarding preparing a second draft rule proposal. The
Board was briefed by the Department in August 2007 on a
second draft of proposed rule revisions. The Department
is collecting cost/benefit information and developing a
final draft proposal for the Board’s consideration. The
Board expects to be briefed on the final proposal in
April 2008 and hold a public hearing on the rule
revision in June 2008.
Board
activities:
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Nancy Bernard, 360-236-3072, or
Mark Soltman, 360-236-3366
More information about
this rule revision available.
Return to index
Disposal of Solid Waste, Manure, and Dead Animals
The
Board adopted a major revision of its
WAC 246-203-120 for the disposal of solid waste,
manure, and dead animals at its June 2007 meeting in
Pullman. The rule provides a tool for local health
officers to address public health nuisance complaints
regarding dead animal disposal.
Note:
Similar rules for the disposal of diseased livestock
were adopted May 1, 2007 by the Washington State
Department of Agriculture and may be viewed at
http://agr.wa.gov/LawsRules/Rulemaking/FSAHCS/docs/CR-103_16-25PR.pdf.
Statutory Authority: RCW
43.20.050(2)
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Dorothy Tibbitts, 360-236-3361
Return to index
Zoonotic
Diseases
The Board filed a CR-101 in April 2007 to initiate a
revision of its rules (WAC
246-100-191 and
246-100-201) to help prevent the transmission of
diseases of pet animals to humans, particularly rabies
and psittacosis. The Board identified the need to
update these rules in its 2004 report, Zoonotic
Diseases and Exotic Pets: A Public Health Policy
Analysis.
Statutory Authority: RCW
43.20.050(2)
and
RCW 16.70.040(1).
SBOH Contact: Ned
Therien, 360-236-4103
DOH Contact: Dorothy
Tibbitts, 360-236-3361
Return to index
Human Remains
The Board adopted amendments to chapter
246-490 WAC, Vital Statistics, and a new
chapter 246-500 WAC, Handling of Human Remains, in
July 2006. This rule revision makes the Board’s rules
consistent with 2005 changes in laws for funeral
directors resulting from the passage of
Substitute Senate Bill 5752. Other goals of the rule
changes are to provide regulatory flexibility that
respects cultural and religious mourning practices;
update the rule language for clarity; and provide
authority for local health officers to add provisions or
suspend provisions during emergency situations. The
Board is now soliciting input about any problems
encountered during the implementation of the revised
rule.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Philip Freeman, 360-236-4330
Return to index
Commercial Shellfish
The Board regulates the commercial harvesting and
distribution of molluscan shellfish under
Chapter 246-282 WAC. On December 13, 2006,
the Board delegated authority to the Department of
Health to revise
WAC 246-282-005 to reference the latest
(2005) National Shellfish Sanitation Program Guide
for the Control of Molluscan Shellfish (NSSP guide).
On May 9, 2007, the Board adopted an emergency rule,
WAC 246-282-006, which will require commercial
harvesters of oysters to follow stricter handling
provisions during summer months of 2007 than otherwise
required by the NSSP guide to control Vibrio
parahaemolyticus. The emergency rule became effective on
June 1, 2007. The Department is evaluating the
effectiveness of the emergency rule during the summer of
2007. The Board initiated development of a proposal for
a permanent rule to control Vibrio parahaemolyticus in
October 2007.
Statutory Authority:
RCW 69.30.030
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact:
Maryanne Guichard, 360-236-3391
Return to index
Food Service
The Board adopted comprehensive revisions to the food
service regulations,
Chapter 246-215 WAC, in September 2004. For
more information, visit the
DOH Rule Development Web Site. The Department will
be meeting with stakeholders in 2008 to solicit input
about whether to ask the Board to open the rule for
consideration of updating provisions to correspond with
the most recent FDA Food Code.
Statutory Authority:
RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact: Dave
Gifford, 360-236-3074
Return to index
Clandestine
Drug Laboratories
- The Board shares authority for
Chapter 246-205 WAC,
Decontamination of Illegal Drug Manufacturing or
Storage Sites, with the Department of Health.
The Board and the Department jointly opened the rule
in December 2007 to consider revisions to meet
changes in law and to improve clarity.CR-101 filed
December 5, 2007 as
WSR 07-24-092.
Statutory
Authority:
RCW 64.44.070
SBOH Contact:
Ned Therien, 360-236-4103
DOH Contact: Greg
McKnight, 360-236-3381
Return to index
|
