Why have all the rules changed reference from CHILD to STUDENT? When was this presented to the public for discussion and voted upon by legislators in public hearing? Isn't that the process of proposed / negotiated rule making?
Dear Legislator, I was hoping you could shed some light on this to help me better understand the nuances of word changes/meaning and the implication to families in Idaho as it pertains to immunization requirements. Reviewing the rules as the expiration to make public comment draws near, I saw something disconcerting. All the references have been changed in the rules regarding IMMUNIZATIONS from CHILD to STUDENT. As words have more depth of meaning when it pertains to law, I am very concerned as to the implication of this change?
The definition of a "child of school age" in Idaho Code is based on 33-202. Compulsory education, ergo “child of school age” is those who are ages 7 to 15 at the start of a school year. The definition of minor child? Minors are defined in 32-101 as:1. Males under eighteen (18) years of age.2. Females under eighteen (18) years of age. What is the legal definition of STUDENT in Idaho statute?
Discrepancy between the actual STATUTE and the ADMINISTRATIVE RULE
This was brought to the attention of the Senate AND House Health Committee but it doesn't appear to be resolved. (listen at the Clarification at the 42-minute mark for the answer at the Senate hearing)
The response from the Health Department was that the Deputy Attorney General said the statute refers to children and it didn't matter if the rule's intent was to include all seniors because it could NOT include adults. She said she would be working with the Board of Health and Welfare on proposing a Temporary rule change to REVERT BACK to the word CHILD.
The opposite happened.
RULES ARE NOW CHANGED THROUGHOUT removing CHILD replaced with STUDENT. The statute remains unchanged.
I don't see a paper trail that there was a proposed rule changing the wording from child to student was made available for a public hearing?
I thought perhaps I missed it but looking at all the notices for public hearing there is no indication that this was up for discussion. All the bulletins are listed here and NONE reference Health and Welfare and the Immunization Requirements. https://adminrules.idaho.gov/Negotiated_Notices/index.html#Apr
And yet we have these changes...
These appear to be APPROVED rule changes as they appear in these Omnibus announcement, June 19 for all the Immunization rules - all references for a child have been changed to a student as of 4-11-19.
Can you explain if the last Health and Welfare Legislative hearing was April 5 and the Legislative Session was close how these word changes in the rules could be approved by the Legislators?
It appears that CHILD changed to STUDENT changed in AFTER VOTE in committee?
Changes made in Exemption Requirement Rule that that was debated in committee Jan 2019.
This bulletin 16-0215-1801 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019) -makes reference to CHILD/CHILDREN http://adminrules.idaho.gov/bulletin/2019/01.pdf#page=59 as does the Legislative Pending Rule Book.
*The memo in this bulletin DOES NOT NOTE the changes from previously approved rules: https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2019/interim/adminrules/1600001900G39.pdf
Yet, when you review the rules now... it appears there was a change in wording by the Health Department.
Was this rule voted created without public notification?
The law still reads CHILD in reference to ALL immunization requirements and exemptions. What is the implication of this difference in wording between statute and rules?
How can changes be made to words without legislative input and administrative and negotiated rule processes?