PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: The board will examine the duties of local health officers and local health departments as they relate to addressing public health threats including a suspected or actual terrorist attack or a naturally occurring disease outbreak. Currently, local health officer and local health department duties are listed in WAC 246-101-505 and 246-100-036.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Local health officials are required to review information received through the notifiable condition system and 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. Rule revisions may be needed to facilitate coordination of activities between various state and local entities (under RCW 43.20.050(4)) that have a role in emergency management operations. In addition, rules may be needed to ensure swift enforcement of a public health officer's acts when discharging their duties under state and local laws and rules.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The board will work with state agencies involved with the Emergency Operating Center. Many of these agencies have regulatory authority or specific responsibilities in responding to large-scale emergencies, such as a terrorist attack. These agencies may be invited to participate on the workgroup, will receive mailings, and will have the opportunity to testify at the hearing. The primary federal agencies that regulate emergency response are the Center for Disease Control and the Federal Emergency Management Agency. The board will contact share drafts of the proposed rules with these agencies.
Process for Developing New Rule: The board will consult with the Washington State Association of Local Public Health Officials, Department of Health, law enforcement agency associations and other interested parties.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Craig McLaughlin, Washington State Board of Health, 1102 S.E. Quince Street, P.O. Box 47990, Olympia, WA 98504-7990, phone (360) 236-4106, fax (360) 236-4088, e-mail craig.mclaughlin@doh.wa.gov.
November 30, 2001
Don Sloma
Executive Director