Washington Administrative Code

The purpose of this chapter is to establish standards for screening and diagnostic procedures for prenatal diagnosis of congenital disorders of the fetus under RCW 48.21.244, 48.44.344, and 48.46.375; and to establish criteria and timelines regarding the availability and use of p…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:(1) "Amniocentesis" means a procedure to remove a small amount of amniotic fluid from the uterus of a pregnant person in order to perform one or more of the following labor…

(1) For the purpose of RCW 48.21.244, 48.44.344, and 48.46.375, the following are standards of medical necessity for insurers, health care service contractors, and health maintenance organizations to use when authorizing requests or claims for prenatal screening or diagnosis with…

Anecdotal and limited scientific evidence indicates that the use of marijuana may be beneficial to alleviate the symptoms of certain physical and mental conditions. However, due to the current federal classification of marijuana as a schedule 1 controlled substance, scientific re…

The requirements in this chapter are in addition to all WSLCB requirements in chapter 314-55 WAC. They are intended to build upon all other requirements for licensed marijuana producers, processors and retailers, and certified third-party labs.[Statutory Authority: RCW 69.50.375 …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Allowed pesticide" means a pesticide registered by the Washington state department of agriculture under chapter 15.58 RCW as allowed for use in the production, process…

To be classified as a compliant marijuana product, the product must meet all requirements of this chapter. Compliant marijuana products must fall into one of the following classifications:(1) General use.(a) "General use compliant product" means any marijuana product approved by …

(1) Testing interval and sample size.(a) The testing requirements of this section are in addition to the tests required under WAC 314-55-102 and shall be performed by a third-party testing lab certified by the WSLCB.(b) Pesticide screening and heavy metal screening are required a…

(1) Products meeting the requirements of this chapter must be readily identifiable to the consumer by placement on the product's label of the appropriate logo found in WAC 246-70-090. A logo must be used in compliance with this chapter and any guidance for use developed by the de…

(1) Marijuana processors shall ensure all processing facilities that create or handle marijuana-infused products are constructed, kept, and maintained in a clean and sanitary condition in accordance with rules as prescribed by the Washington state department of agriculture under …

(1) Marijuana producers, processors and retailers that create, handle, or sell compliant marijuana products shall adopt and enforce policies and procedures to ensure employees and volunteers receive training about the requirements of this chapter.(2) Marijuana retailers holding a…

[Statutory Authority: RCW 69.50.375 and 80.08.9998. WSR 16-20-022, § 246-70-090, filed 9/27/16, effective 10/28/16.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Authorization" means a form developed by the department that is completed and signed by a qualifying patient's health care professional and printed on tamper-resistant…

A qualifying patient or designated provider may take their authorization to an endorsed outlet to be entered into the database.(1) Only a consultant employed by an endorsed outlet is allowed to enter a qualifying patient's or designated provider's information into the database.(2…

(1) Recognition cards expire on the expiration date indicated on the patient's or designated provider's authorization. To be valid, an authorization must expire no later than:(a) Twelve months after the date it was issued for patients age 18 and over;(b) Twelve months after the d…

(1) An endorsed outlet must have the following equipment readily available and maintained in good working order:(a) A computer with internet access and capability of running a supported version of a common web browser;(b) A digital camera with at least 10 megapixel resolution;(c)…

Employees of an endorsed outlet may access the database to confirm the validity of a recognition card presented by a patient or designated provider.(1) An employee of an endorsed outlet must register with the department to receive credentials for access. The registration process …

Qualifying patients and designated providers may request and receive their own authorization information from the database or information about any person or entity that has queried their name or information.(1) A patient or designated provider may submit a request using a proces…

Prescribers and dispensers may access patient information in the database for the purpose of providing medical or pharmaceutical care for their patients.(1) Prescribers and dispensers who want access to the database shall register with the department in order to receive credentia…

Officials who are engaged in a bona fide specific investigation of suspected cannabis-related activity that may be illegal under Washington state law may access the database to confirm the validity of the recognition card of a patient or designated provider.(1) Officials who want…

The Washington department of revenue may access information in the database to verify tax exemptions under chapters 82.08 and 82.12 RCW. The process and format for request and receiving the information shall be established by the department and the database vendor in coordination…

(1) Under RCW 42.56.625, records in the database containing names and other personally identifiable information of qualifying patients and designated providers are exempt from public disclosure, inspection, or copying.(2) The vendor must retain database records for at least five …

(1) Pursuant to RCW 69.51A.240, unlawful access to the database is a class C felony.(2) If the department or vendor determines a person or entity has intentionally, knowingly, or negligently accessed, used or disclosed database information in violation of chapter 69.51A RCW or th…

A patient or designated provider may request a replacement recognition card at an endorsed outlet if the original recognition card is lost or stolen.(1) The replacement recognition card will expire on the same date as the original recognition card unless the patient is reexamined…

(1) The vendor must automatically deactivate patient and designated provider records in the database upon expiration of a recognition card.(2) Patients and designated providers may request to be deactivated in the database before the expiration of their recognition card using the…

(1) Patients may revoke their designation of a specific designated provider. The revocation must be in writing using a form developed by the department. The patient must send the revocation to the vendor and give a copy to the designated provider. The vendor must verify the form'…

(1) The department may provide aggregate information from the database, with all personally identifiable information redacted, for the purpose of statistical analysis and oversight of agency performance and actions.(2) To obtain information from the program a person or public or …

(1) Endorsed outlets must collect a one dollar fee for each initial, replacement, and renewal recognition card. The fee shall be collected by the endorsed outlet from the patient or designated provider when the card is issued.(2) Endorsed outlets must periodically remit fees coll…

The purpose of the children and youth with special health care needs (CYSHCN) program is to assure comprehensive, coordinated, integrated, family-centered, and culturally competent systems of care. The CYSHCN program focuses on developing, extending, and improving services and se…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Children and youth with special health care needs" or "CYSHCN" means children and youth up to eighteen years of age who have or are at increased risk of developing chr…

(1) A child, youth, or family with a current address in Washington state is eligible for services if the child or youth is younger than eighteen years of age, and has one or more of the following:(a) A disability or disabling condition(s);(b) Chronic illness or condition(s);(c) H…

The department may authorize diagnostic and treatment services paid for with CYSHCN funds in accordance with the following:(1) The department shall make decisions about using DX/TX funds on a case-by-case basis. DX/TX funds are not intended for those items that are part of usual …

The department shall determine the eligibility of qualified medical and nonmedical providers to receive payment out of DX/TX funds. A service may not be authorized for out-of-state providers if an equivalent service is available within the state of Washington. The department may …

(1) Payments to providers using DX/TX funds must be made using the current CYSHCN program standards and payment schedules, including the Washington state HCA-medicaid fee schedule and the CYSHCN program supplemental fee schedule.(2) A provider shall consider payment to have been …

The department shall be the payor of last resort to all private and other publicly funded health programs. The department may pay for services with DX/TX funds only after payment by all entitlement programs and all other private and public funding resources have been exhausted, e…

Repayment to the department from the provider, family or other source is required should insurance benefits, trusts, court-awarded damages or similar funds become available, and where payments have been made to the vendor or provider for services paid for by DX/TX funds. A provid…

(1) For the purposes of this section, "neurodevelopmental center (NDC) of excellence" means a department-designated nonprofit agency, hospital, or other organization located in Washington state that provides multidisciplinary pediatric assessment and treatment services including …

(1) The department's CYSHCN program has a federal mandate under Title V of the Social Security Act (42 U.S.C. 701 et seq.) to ensure that the HCA-medicaid program is made aware of medicaid-enrolled recipients of services through Title V. The purpose of this mandate is to ensure t…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Approved training program" means a school, college, or program approved by the secretary that meets the requirements of this chapter.(2) "Certificate holder" means a p…

An applicant for a medical cannabis consultant certificate must submit to the department:(1) A completed initial application on forms provided by the department;(2) Fees required under WAC 246-72-990;(3) Certificate of successful completion from an approved training program;(4) P…

(1) A certificate holder may only provide services when acting in the capacity of an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical endorsement under RCW 69.50.375.(2) A certificate holder may:(a) Perform regular job duties and…

(1) A certificate holder shall display their certificate in their principal place of business in a place and manner visible to customers.(2) A certificate holder who owns, is employed by, or volunteers at more than one business location shall display a duplicate certificate or an…

(1) The secretary will notify an applicant or credential holder upon receipt of a complaint, except when the notification would impede an effective investigation. Upon request by the secretary, the applicant or credential holder shall submit a written statement about that complai…

The secretary has the power to deny, suspend, or revoke a certificate upon proof that:(1) The certificate was procured through fraud, misrepresentation, or deceit.(2) The applicant or certificate holder has violated or has permitted any employee or volunteer to violate any of the…

(1) The secretary will give written notice of the secretary's denial, suspension, or revocation of a certificate in accordance with RCW 43.70.115, chapters 34.05 RCW and 246-10 WAC.(2) In any case of denial, suspension, or revocation of a certificate under the provisions of this …

(1) Certificates must be renewed every year on the certificate holder's birthday. Initial certificates issued within 90 days of the certificate holder's birthday do not expire until the person's next birthday.(2) Renewals:(a) Prior to the certificate expiration date, courtesy ren…

(1) A certificate holder may not practice at any time while their certificate is expired. The certificate is expired if the certificate holder does not renew on or before the expiration date. Any renewal that is postmarked or presented to the department after midnight on the expi…

(1) A certificate holder must complete a minimum of 10 hours of continuing education each year in order to renew the certificate.(2) Two of the 10 hours must be successful completion of a two-hour continuing education course offered by the department.(3) Eight of the 10 continuin…

(1) A training program must include:(a) A minimum of 20 total instruction hours in the following subjects:(i) A minimum of five hours of instruction on Washington state laws and rules relating to cannabis to include, but not be limited to, the following topics:(A) Qualifying pati…

The secretary will consider for approval any training program which meets the requirements as outlined in this chapter.(1) The authorized representative of the training program shall request approval on an application provided by the department.(2) The application for approval of…