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Board authorizes rulemaking actions on provisional notifiables and delegates lead‑and‑copper rule updates to the Department
Summary
The Board accepted a State Health Officer request to initiate rulemaking to add Mpox and CPO as provisionally reportable conditions (to proceed after COVID‑19 rulemaking) and delegated exception rulemaking authority to the Department to align state lead and copper rules with federal changes; both actions passed unanimously.
The Washington State Board of Health on April 8 accepted a request from the State Health Officer to consider making Mpox and carbapenemase‑producing organisms (CPO) provisionally notifiable under chapter 246‑101 WAC and authorized staff to initiate rulemaking after current COVID‑19 rulemaking is complete. The motion was moved by Vice Chair Kelly Oshiro, seconded by Member Peter Browning, and approved unanimously.
Department and Board staff explained that three provisional reporting requests issued in 2023 (COVID‑19, Mpox, and CPO) are approaching their 40‑month limit; COVID‑19 remains in separate ongoing rulemaking. Board staff and the Assistant Attorney General described sequencing and procedural constraints for filing CR‑101 notices to avoid duplication.
Separately, on a motion by Member Ashley Mathews seconded by Member Steve Kutz, the Board delegated rulemaking authority to the Department of Health to conduct exception rulemaking to align chapter 246‑290 WAC (Group A public water supplies) with recent federal lead and copper rule improvements (40 CFR Part 141). Department staff said the delegation would allow more efficient regulatory alignment with new federal requirements.
Both items passed unanimously and will proceed through the Department’s rulemaking processes.
