NOTICE OF RULEMAKING DOCKET OPENING

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NOTICE OF RULEMAKING DOCKET OPENING DEPARTMENT OF HEALTH SERVICES NONCOMMUNICABLE DISEASES 1. Title and its heading: Chapter and its heading: 9, Health Services 4, Department of Health Services Noncommunicable Diseases Articles and their headings: 1, Definitions 2, Pesticide Illness 3, Blood Lead Levels 4, Cancer Registry 5, Birth Defects Monitoring Program Section numbers: R9-4-101, R9-4-201, R9-4-202, R9-4-301, R9-4-302, R9-4401, and R9-4-501 (The Department may add, delete, or modify Sections as necessary.) 2. The subject matter of the proposed rules: A.R.S. § 36-133 requires the Arizona Department of Health Services (Department) to develop a chronic disease surveillance system for the collection, management, and analysis of information on the incidence of chronic diseases in Arizona. A.R.S. § 36-606 states that the Department “shall develop and implement … a system for reporting and preventing pesticide provoked illnesses.” A.R.S. §§ 36-1673 and 36-1675 require the Department to adopt rules for reporting blood test results showing significant levels of lead and other rules “necessary and feasible to implement the purposes” of A.R.S. Title 36, Chapter 13, Article 6. The Department has implemented these statutes in 9 A.A.C. 4, Articles 1 through 5. Articles 1, 4, and 5 have been amended during the last few years in separate rulemakings, and definitions have been added to Articles to make clear the meaning of terms used in the Articles. Articles 2 and 3 have not been amended since a five-year review report approved by the Governor’s Regulatory Review Council (GRRC) in 2004. Some terms defined in 9 A.A.C. 4 are used in more than one Article in 9 A.A.C. 4. This rulemaking will move terms used consistently in more than one Article in 9 A.A.C. 4 into Article 1, add or amend definitions, amend Articles 2 and 3 as described in the five-year review report, and clarify and amend reporting requirements in Articles 2 and 3. This rulemaking will conform to rulemaking format and style requirements of the GRRC and the Office of the Secretary of State. 1 The agency docket number: RE-025-08 3. A citation to all published notices relating to the proceeding: None 4. The name and address of agency personnel with whom persons may communicate regarding the rules: Name: Address: Diane Eckles, Environmental Health Office Chief Arizona Department of Health Services 150 N. 18th Ave. Phoenix, AZ 85007 Telephone: Fax: E-mail: or Name: Kathleen Phillips, Esq. Administrative Counsel and Rules Administrator Address: Arizona Department of Health Services Office of Administrative Counsel and Rules 1740 W. Adams, Suite 200 Phoenix, AZ 85007 Telephone: Fax: E-mail: 5. (602) 542-1264 (602) 364-1150 phillik@azdhs.gov (602) 364-3142 (602) 364-3146 ecklesd@azdhs.gov The time during which the agency will accept written comments and the time and place where oral comments may be made: The Department will accept written comments at the addresses listed in item #4 until the close of record, which has not yet been determined. The Department has not scheduled any oral proceedings at this time. 6. A timetable for agency decisions or other action on the proceeding, if known: To be announced in the Notice of Proposed Rulemaking 2 AGENCY RECEIPT NOTICE OF RULEMAKING DOCKET OPENING 1. 2. Agency name: Arizona Department of Health Services The Articles and the Sections involved in the rulemaking, listed in alphabetical and numerical order: Sections R9-4-101 R9-4-201 R9-4-202 R9-4-301 R9-4-302 R9-4-401 R9-4-501 Action Amend Amend Amend Amend Amend Amend Amend 3

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