Preproposals

Subject of Possible Rule Making: Continuing education (CE) requirements for osteopathic physicians. The board of osteopathic medicine and surgery (board) is considering amending WAC 246-853-080 to update CE requirements for licensure renewal of osteopathic physicians to clarify Washington-specific mandated CE requirements. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.57.005 , 18.130.050 , 18.130.250 , and 18.340.020 . Reasons Why Rules on this Subject may be Needed and

Subject of Possible Rule Making: Osteopathic physicians and surgeons general provision for opioid prescribing and tapering rules. The board of osteopathic medicine and surgery (board) is considering amending WAC 246-853-661 Exclusions, 246-853-730 Periodic review, and 246-853-755 Tapering requirements, to modernize the language, add clarity, and align rules with the Washington medical commission (WMC). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.57.005 , 18.57.800 , 18

Subject of Possible Rule Making: WAC 181-79A-231 School nurse certification requirements. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 28A.410 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This WAC change will update the school nurse certification policy to match updated department of health licensure changes as a result of Washington recently entering into the nurse licensure compact. Other Federal and State Agencies that Regulat

Subject of Possible Rule Making: The purpose of this proposal is to implement school employees benefits board (SEBB) policy resolutions and make other technical amendments. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 ; and SEBB policy resolutions. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is reviewing multiple sections within chapters 182-30, 182-31, and 182-32 WAC that may re

Subject of Possible Rule Making: Enrollment, eligibility, and appeals rules in chapters 182-30, 182-31, and 182-32 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is reviewing multiple sections within chapters 182-30, 182-31, and 182-32 WAC to support the school employees benefits board program. Other Federal and State Agencies that

Subject of Possible Rule Making: The purpose of this proposal is to implement public employees benefits board (PEBB) policy resolutions and make other technical amendments. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 ; and PEBB policy resolutions. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is reviewing multiple sections within chapters 182-08, 182-12, and 182-16 WAC that may re

Subject of Possible Rule Making: Enrollment, eligibility, and appeals rules in chapters 182-08, 182-12, and 182-16 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is reviewing multiple sections within chapters 182-08, 182-12, and 182-16 WAC to support the public employees benefits board program. Other Federal and State Agencies that

Subject of Possible Rule Making: To update chapter 139-02 WAC regarding the timing and inspection of records and updating other portions of this WAC for clarity and consistency. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.101.080 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules will update the inspection sections of the WAC to be in alignment with the hours of operation of the campus and to require appointments to conduct reco

Subject of Possible Rule Making: The department of social and health services (DSHS) is creating rules in a new chapter in Title 388 WAC for the long-term services and supports trust program (WA Cares). This rule making will address provider registration and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50B.04.020 (3)(j). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is tasked with developing and ado

Subject of Possible Rule Making: The department of social and health services (DSHS) is creating rules in a new chapter in Title 388 WAC for the long-term services and supports trust program (WA Cares). This rule making will address the intake and application process for beneficiaries and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50B.04.020 (3)(j). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is

Subject of Possible Rule Making: The department of social and health services (DSHS) is creating rules in a new chapter in Title 388 WAC for the long-term services and supports trust program (WA Cares). This rule making will address general provisions, approved services, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50B.04.020 (3)(j). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is tasked with d

Subject of Possible Rule Making: The department of social and health services (DSHS) is creating rules in a new chapter in Title 388 WAC for the long-term services and supports trust program (WA Cares). This rule making will address the assessment and service delivery process for beneficiaries and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50B.04.020 (3)(j). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish

Subject of Possible Rule Making: Physician visa waivers, updates to chapter 246-562 WAC. The department of health (department) is considering a chapter review to reorganize sections and amend rules regarding J-1 physician visa waivers. The department is exploring updates to help meet the greatest needs across Washington state. The department will also look for increased clarity in the organizational structure, application criteria, and requirements for letters of support. Statutes Authorizing th

Subject of Possible Rule Making: The department of social and health services (DSHS) is proposing to amend WAC 388-829-0040, 388-829-0050, 388-829-0065, and 388-101D-0105, and may amend other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.88B.041 , 71A.12.030 , 74.39A.074 , and 74.39A.341 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to ame

Subject of Possible Rule Making: The department of social and health services (department) is considering adding new sections in chapter 388-106 WAC to implement a state funded guardianship, conservatorship, and alternative arrangements assistance program. The rules will describe the program requirements including, but not limited to, eligibility criteria, application process, payment details, administrative appeals, and overpayments. During this rule making, the department may make additional c

Subject of Possible Rule Making: Chapter 308-124 WAC, Real estate — Definitions and brief adjudicative proceedings. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.85.041 Director — General powers and duties. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of licensing is considering rule making to define "as soon as reasonably practical" related to the timeline for entering into a written services agreement, per SSB 5191 pass

Subject of Possible Rule Making: Chapter 16-662 WAC, Weights and measures — National Handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations. As a result of a petition for rule making, the department of agriculture (department) is considering amending chapter 16-662 WAC to align with the Federal Highway Administration's National Electric Vehicle Infrastructure (NEVI) program's technical requirements for electric vehicle supply equipment (EVSE) payment metho

Subject of Possible Rule Making: WAC 182-531A-0900 Applied behavior analysis (ABA) — Covered services; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (HCA) is amending this rule to specify that HCA's applied behavior analysis program does not pay for services provided by a client's parent, guardian, caregiver, o

Subject of Possible Rule Making: Skateboarding. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW and RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules regarding the use of skateboarding on campus have been incorporated into another policy and WAC 132L-136-026 may now be deleted. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: State board

Subject of Possible Rule Making: Amending radioactive materials licenses and fees. The department of health (department) is considering amending radioactive material licenses and licensees fees to cover operating costs for WAC 246-254-030 Small business discount provision and optional fee payment schedule applicable to radioactive materials licensees, 246-254-070 Fees for specialized radioactive material licenses, 246-254-080 Fees for medical and veterinary radioactive material use, 246-254-090

Subject of Possible Rule Making: Temporary worker housing fees; the department of health (department) is considering amending fees in WAC 246-358-990 to cover operating costs in the temporary worker housing program. The department will consider updating or restructuring existing fees and creating new fees. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.114A RCW; RCW 43.70.334 , 43.70.335 , and 43.70.340 . Reasons Why Rules on this Subject may be Needed and What They M

Subject of Possible Rule Making: X-rays in the healing arts, specifically concerning radiation therapy, fluoroscopic X-ray, and plan review shielding requirements. The department of health (department) is considering amending existing rules WAC 246-225-020 and 246-225-030 and creating new rules in chapter 246-225 WAC, X-rays in the healing arts, to address technological advances in radiation therapy and fluoroscopic X-ray, establish machine performance and quality control standards, and to addre

Subject of Possible Rule Making: SECURE Act 2.0, deferred compensation deferral dates. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Making necessary changes to implement deferred compensation deferral dates under the federal SECURE Act 2.0. Process for Developing New Rule: Agency study. Interested parties can participate in the decision to adopt the new rule and formulation of the p

Subject of Possible Rule Making: WA HEALTH statewide emergency and logistics tracking system; reporting of health system readiness data for acute care facilities and behavioral health agencies and facilities. The department of health (department) is considering amending Title 246 WAC to require acute care hospitals licensed under chapter 70.41 RCW to report hospital maintenance and operation data to the department through the Washington Healthcare Emergency and Logistics Tracking Hub (WA HEALTH)

Subject of Possible Rule Making: The Washington state department of fish and wildlife (WDFW) is considering amending current coastal commercial salmon fishing rules resulting from stakeholder recommendations made during the 2024 North of Falcon process. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.020 , 77.04.055 , 77.12.045 , and 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Coastal commercial salmon fishing

Subject of Possible Rule Making: The Washington state department of fish and wildlife (WDFW) is considering amending current Puget Sound commercial salmon fishing rules resulting from stakeholder recommendations made during the 2024 North of Falcon process. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.020 , 77.04.055 , 77.12.045 , and 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Puget Sound commercial sal

Subject of Possible Rule Making: The Washington state department of fish and wildlife (WDFW) is considering amending current recreational fishing rules resulting from stakeholder recommendations made during the 2024 North of Falcon process. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.020 , 77.04.055 , 77.12.045 , and 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The recreational fishing rules based on North o

Subject of Possible Rule Making: Purchasing service credit; substitute teachers and school employees. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Making necessary changes so that Plan 3 members of the teachers' retirement system and the school employees' retirement system who are substitute teachers or school employees can submit requests to purchase service credit by phone or emai

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-449-0015 What medical evidence do I need to provide?, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.005 , 74.04.050 , 74.04.0052 , 74.04.055 , 74.04.057 , 74.04.510 , 74.04.655 , 74.04.770 , 74.08.043 , 74.08.090 , 74.08.335 , and 74.08A.100 . Reasons Why Rules on this Subject may be Needed and What They Might Ac

Subject of Possible Rule Making: The department of social and health services (DSHS) is considering amending WAC 388-112A-0118 What documentation is required for completion of each training?, related to documentation of facility orientation; and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.20.270 , 70.128.230 , 74.08.090 , 74.39A.070 , and 74.39A.074 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:

Subject of Possible Rule Making: The public disclosure commission (PDC) will consider rules regarding the use of synthetic media in electioneering communications and the implementation of SB [ESSB] 5152 (2023). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.62.040 and 42.17A.125 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2023, the legislature enacted SB [ESSB] 5152, creating a civil cause of action for a candidate who is the subje

Subject of Possible Rule Making: The department of ecology (ecology) is considering amendments to two rules: Chapter 173-400 WAC, General regulations for air pollution sources. This chapter establishes standards and rules to control and prevent pollution from air contaminant sources. The rule making will include updating references to an ecology technical manual used in source testing and certification. Chapter 173-401 WAC, Operating permit regulation. This chapter establishes Washington's air o

Subject of Possible Rule Making: WAC 182-550-4650 "Full cost" public hospital certified public expenditure (CPE) payment program; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending this rule to add clarifying language to subsection (5)(c). The agency is adding that if the state's applicable fede

Subject of Possible Rule Making: Rule-making activities will address the requirements [to] implement certain provisions of HB [E2SHB] 1181. HB [E2SHB] 1181 calls for the addition of a new climate element in the comprehensive plans of cities and counties conducting planning under RCW 36.70A.040 , including creation of two climate subelements addressing: (1) Community resilience to climate change; and (2) greenhouse gas emission (GHG) reductions. The legislation also specifies new regulatory autho

Subject of Possible Rule Making: Adult elective percutaneous coronary intervention (PCI) certificate of need (CN) requirements, WAC 246-310-700 through 246-310-755. The department of health (department) is considering changes to requirements for adult elective PCI programs in response to rule-making petitions. In October 2023, the department received a petition for rule making to amend WAC 246-310-720 Hospital volume standards. WAC 246-310-720(1) requires hospitals with elective PCI programs to

Subject of Possible Rule Making: Amend chapters 218-04 and 218-10 WAC to update rules relating to forensic investigations council meetings, public records processes, and authorization of funding assistance to local jurisdictions for the investigation of multiple deaths and forensic anthropology services or other testing. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.103.090 (1). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: It has been o

Subject of Possible Rule Making: WAC 458-20-252 Hazardous substance tax. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.01.060 (2), 82.32.300 , and 82.21.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SSB [ESSB] 5993 (2019) added a new volumetric per barrel rate for petroleum products subject to the hazardous substance tax. The purpose of this rule-making effort is to add a definition for the word barrel in RCW 82.21.030 (1)(b), acco

Subject of Possible Rule Making: The gambling commission (commission) is reviewing its licensing fees to ensure that they are sufficient to cover the commission's costs of licensing, regulation, and enforcement in the coming years. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2023, the commission adjusted license fees for charitable and nonprofit organizations, commercial stimulan

Subject of Possible Rule Making: Establish logbook requirements for Columbia River commercial fishing downstream of Bonneville Dam. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047 , 77.12.045 , 77.04.055 , 77.04.020 , and 77.04.012 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To collect fishing effort, catch and release information from Columbia River commercial fisheries to assist in management purposes. The information collecte

Subject of Possible Rule Making: Elections. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 29A.04.611 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this proposal is to create the process and standards for hash checksum validation in a manner that ensures consistency in counties throughout the state. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not appl

Subject of Possible Rule Making: Elections. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 29A.04.611 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: It is necessary to update WAC to reflect legislative changes and to update and clarify procedures. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable. Process for Developing New Rule: Negotiated rule making. Inte

Subject of Possible Rule Making: Elections. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 29A.04.611 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Clarification and refinement of WAC to align with state law and update procedures. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable. Process for Developing New Rule: Negotiated rule making. Interested parties c

Subject of Possible Rule Making: Chapter 388-826 WAC and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 and 71A.12.120 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to amend chapter 388-826 WAC to update provider certification requirements and other service delivery requirements. During the course of this review, the departmen

Subject of Possible Rule Making: WAC 182-538-070 Payments, corrective action, and sanctions for managed care organizations (MCOs); other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending subsection (8) to more accurately reflect how the agency pays federally qualified health centers and rural health

Subject of Possible Rule Making: WAC 172-122-200 Notice of trespass. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.35.120 (12). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Modify the procedures for trespassing someone from campus. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None. Process for Developing New Rule: Negotiated rule making. Interested parties can pa

Subject of Possible Rule Making: Making further revisions to recent retiree return to work rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 ; chapter 110, Laws of 2022, and chapters 99 and 410, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of retirement systems (department) recently completed rule making to implement three retiree return to work bills, including chapter 110, Laws of 2022, and chapt

Subject of Possible Rule Making: WAC 182-502-0002 Eligible provider types and 182-531-1400 Psychiatric physician-related services and other professional mental health services; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (HCA) is adding mental health counselor associates, social worker associates, and marriag