Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule making is to amend WAC 192-220-070 to remove a cross-reference to RCW 50.12.070 (2)(c). In 2013, the legislature amended RCW 50.12.070 , and subsection (2)(c) was removed from the statute. The substance of RCW 50.12.070 (2)(c) was moved to subsection (2)(b). Thus, the cross-reference in WAC 192-220-070 will be updated to reference RCW 50.12.070 (2)(b). Citation of Rules Affected by this Order: Amending WAC 19

Effective Date of Rule: Thirty-one days after filing. Purpose: To establish official pay dates for state officers and employees for calendar year 2025. Citation of Rules Affected by this Order: Amending WAC 82-50-021. Statutory Authority for Adoption: RCW 42.16.010 (1) and 42.16.017 . Adopted under notice filed as WSR 24-05-061 on February 22 [20], 2024. Date Adopted: May 9, 2024. Nathan Sherrard Legal Affairs Counsel Rules Coordinator AMENDATORY SECTION (Amending WSR 23-15-162 [23-11-162], file

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (agency) is amending WAC 182-531A-0900 Applied behavior analysis (ABA) — Covered services, to specify that the agency's applied behavior analysis program does not pay for services provided by a client's parent, guardian, caregiver, or other support person. Citation of Rules Affected by this Order: Amending WAC 182-531A-0900. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice f

Effective Date of Rule: Thirty-one days after filing. Purpose: Amendments to the WAC listed below were presented by Washington department of fish and wildlife (WDFW) staff on March 26, 2024, and approved by the WDFW director on April 2, 2024. The purpose of the rule changes is to maintain or establish recreational hunting seasons, bag limits, and geographic boundary descriptions with WDFW's legislative mandate to provide sustainable recreational hunting opportunities for all citizens. Citation o

Effective Date of Rule: August 1, 2024. Purpose: The department of social and health services (department) is repealing WAC 388-450-0115 Does the department allocate the income of a financially responsible person who is excluded from the assistance unit? and 388-450-0116 How does the department count my income if I cannot get assistance because I am an alien? The department is adopting amendments to WAC 388-408-0020 When am I not allowed to be in a TANF or SFA assistance unit?, 388-450-0050 How

Effective Date of Rule: Thirty-one days after filing. Purpose: Purchasing service credit; substitute teachers and school employees. Making necessary changes so that Plan 3 members of the teachers' retirement system and school employees' retirement system who are substitute teachers or school employees can submit requests to purchase service credit by phone or email. Citation of Rules Affected by this Order: Amending WAC 415-110-685 and 415-112-140. Statutory Authority for Adoption: RCW 41.50.050

Effective Date of Rule: June 1, 2024. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule implements chapter 199, Laws of 2023. Because the law goes into effect on June 1, 2024, the rule will go into effect on the same day. Purpose: Implementing public safety employees' retirement plan membership for public safety telecommunicators. Citation of Rules Affected by this Order: Amending WAC 415-106-105 and 415-106-110. Statutory Authorit

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of social and health services is amending WAC 388-437-0001 Disaster food stamp program. These housekeeping amendments correct the name of the program from "food stamp" to "supplemental nutritional assistance" without changing the effect of the rule. Citation of Rules Affected by this Order: Amending WAC 388-437-0001. Statutory Authority for Adoption: RCW 74.04.050 , 74.04.055 , 74.04.057 , and 74.08.090 . Adopted under

Effective Date of Rule: Thirty-one days after filing. Purpose: The rule changes are administrative in nature and are designed to promote a more effective and efficient means of participating in health care facilities authority meetings, as well as more efficient and effective processing of applications for financial assistance. They also repeal and replace the public records rule in order to comply with the state's model rules that govern the administration of public records. Citation of Rules A

Effective Date of Rule: June 6, 2024. Purpose: Midwives' limited prescriptive license extension and health equity continuing education (CE). The department of health (department) is adopting amendments to chapter 246-834 WAC to implement SSB 5765 (chapter 289, Laws of 2022), which created two levels of limited prescriptive license extensions for midwives to prescribe, obtain, and administer medications and therapies for the prevention and treatment of common prenatal and postpartum conditions, f

Effective Date of Rule: July 1, 2024. Purpose: This rule making adopts amendments to the contractor registration rules. The amendments affect the definitions, penalty and bond amounts, and fees for general and specialty contractors. The amendments are necessary due to the passage of 2SHB 1534 (chapter 213, Laws of 2023) and SB 5795 (chapter 155, Laws of 2019) and to support operating expenses for the contractor registration program. The adopted rules include: • Increasing fees by the fiscal grow

Effective Date of Rule: July 1, 2024. Purpose: The health care authority is adding the 1915i income disregard equal to the difference between 150 percent of the federal poverty level and 300 percent of the federal benefit rate. This disregard is targeted to individuals seeking community behavioral health support services (CBHS). This rule making aligns with the establishment of the CBHS program, filed under WSR 24-10-081, effective July 1, 2024. Citation of Rules Affected by this Order: Amending

Effective Date of Rule: July 1, 2024. Purpose: Chapter 182-561 WAC is a new chapter to establish the community behavioral support services (CBHS) benefit. The CBHS benefit assists eligible clients with obtaining the skills necessary to reside successfully in home and community-based settings. The chapter includes the eligibility criteria for clients; Apple Health rules requiring medical necessity do not apply to this benefit. The chapter also includes CBHS provider requirements, eligible diagnos

Effective Date of Rule: Thirty-one days after filing. Purpose: To repeal the skateboarding WAC. Citation of Rules Affected by this Order: Repealing WAC 132L-136-026 Skateboarding. Statutory Authority for Adoption: Chapter 34.05 RCW and RCW 28B.50.140 (13). Adopted under notice filed as WSR 24-03-162 [24-07-020] on March 8, 2024. Date Adopted: April 29, 2024. Janet Reaume Executive Assistant to the President OTS-5102.1 REPEALER The following section of the Washington Administrative Code is repeal

Effective Date of Rule: May 15, 2024. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The law that this rule implements is already in effect, so the department of retirement systems is putting the rule into effect less than 31 days after filing. Purpose: Implementing SECURE Act 2.0 deferred compensation deferral dates. Citation of Rules Affected by this Order: Amending WAC 415-501-410 and 415-501-450. Statutory Authority for Adoption: RCW

Effective Date of Rule: June 1, 2024. Purpose: Section 7.07: The operating permit program fees, like the other fee programs of the Puget Sound clean air agency (agency) (registration, notice of construction, and asbestos), are designed to recover the costs of implementing and administering the program. Changes to the operating permit fee schedule in Regulation I, Section 7.07 were made in 2022 and 2023, recognizing the cumulative effects of inflation. Prior to these actions, the last fee increas

Effective Date of Rule: June 1, 2024. Purpose: Section 5.07: The registration program fees, like the other fee programs of the Puget Sound clean air agency (agency) (operating permit, notice of construction, and asbestos), are designed to recover the costs of implementing and administering the program. The last significant changes to the registration program fee schedule in Regulation I, Section 5.07 were made in 2023, and before that in 2012. The agency reviews the registration program fee stru

Effective Date of Rule: Thirty-one days after filing. Purpose: Initial licensure via an out-of-state traditional nursing education program approved by another United States nursing board and applicants applying via interstate endorsement. The Washington state board of nursing amended WAC 246-840-030 and 246-840-090 to clarify specific licensing requirements for out-of-state registered nurse and licensed practical nurse applicants. Citation of Rules Affected by this Order: Amending WAC 246-840-03

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (agency) amended this rule to add clarifying language to subsection (5)(c). The agency added that if the state's applicable federal medical assistance percentage (FMAP) is 0 percent, the amount derived in subsection (5)(b) is multiplied by the lowest Washington state specific medicaid FMAP in effect at the time of claim payment. Citation of Rules Affected by this Order: Amending WAC 182-550-4650. Statutory A

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority amended WAC 182-543-5700 to correct the number for a form titled Medical Necessity for Wheelchair Purchase for Nursing Facility Clients. The correct form number is HCA 19-0006. Citation of Rules Affected by this Order: Amending WAC 182-543-5700. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 24-05-029 on February 12, 2024. Number of Sections Adopted in Order t

Effective Date of Rule: July 1, 2024. Purpose: The Washington State University (university) is updating the rules regarding the small works roster, chapter 504-50 WAC. The proposed amendments modify, clarify, and update the university's rules regarding the small works roster in accordance with amended state law, chapter 39.04 RCW, effective July 1, 2024. Citation of Rules Affected by this Order: New WAC 504-50-032 and 504-50-042; repealing WAC 504-50-030, 504-50-040, 504-50-050, 504-50-060, 504-

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington State University (university) is updating the rules regarding standards of conduct for students, chapter 504-26 WAC. The university is modifying, clarifying, and updating the university's standards of conduct for students regarding composition of conduct boards and academic integrity hearings to improve the university's ability to process conduct and academic integrity violation cases in a timely manner. Citation of Ru

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington State University (university) is updating the policies and regulations for all student living groups, specifically WAC 504-24-030 Undergraduate housing requirement. The proposed amendments modify, clarify, and update the university's undergraduate housing requirement. Citation of Rules Affected by this Order: Amending WAC 504-24-030. Statutory Authority for Adoption: RCW 28B.30.150 . Adopted under notice filed as WSR 2

Effective Date of Rule: One day after filing [April 23, 2024]. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule implements laws that are already in effect, so the department of retirement systems is putting the rule into effect one business day after filing. Purpose: Making further revisions to recent retiree return to work rules to correct conflicting rules to achieve full implementation. Citation of Rules Affected by this Order:

Effective Date of Rule: Thirty-one days after filing. Purpose: Washington state parks and recreation commission amended the annual moorage permit, WAC 352-12-030. The amendments will clarify the distinction between saltwater and freshwater annual moorage users, and nonrecreational and commercial use of the annual moorage permit. Citation of Rules Affected by this Order: Amending WAC 352-12-030. Statutory Authority for Adoption: RCW 79A.05.030 , 79A.05.070 . Adopted under notice filed as WSR 24-0

Effective Date of Rule: Thirty-one days after filing. Purpose: The low-income home rehabilitation revolving loan program (loan program) was established in 2017 and served homeowners in rural areas with incomes at or below 200 percent of the federal poverty level. Upon the enactment of SHB 1250 (2023), the loan program terminated on July 1, 2023, and outstanding loans will be forgiven. Additionally, the law added a new section to chapter 43.330 RCW establishing a low-income home rehabilitation gr

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this proposed rule making is to implement the Federal Transit Administration's Special Directive 22-51 that requires Washington state department of transportation (WSDOT) to implement a risk-based inspection program for the rail fixed guideway public transportation systems that it oversees. Its anticipated effects will be to expand WSDOT's state safety oversight program reach to the authority and capability to enter fa

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order establishes chapter 16-309 WAC, Cannabis laboratory accreditation standards program, by: 1. Creating education and training requirements for laboratory personnel, which depend on position, or testing responsibilities (WAC 16-309-050 through 16-309-080). 2. Requiring standard operating procedure (SOP) criteria for all laboratory testing (WAC 16-309-090). 3. Requiring sampling and homogenization protocols for sam

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends chapter 16-218 WAC, Hops — Certification analyses — Fees. In response to a requirement set by the United States Department of Agriculture's (USDA) Federal Grain Inspection Service (FGIS) under Directive 9100.07 issued on July 19, 2023, the department of agriculture (department) is proposing to amend chapter 16-218 WAC by adding clarifying language which identifies Commodity Cooperative Service Agreement

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of labor and industries (L&I) received a petition requesting L&I engage in rule making to update the language in WAC 296-305-03002 Hazardous materials. There have been many technological advances in the years since this WAC code was written, including in personal protective equipment (PPE) materials, certification, and testing. The adopted rule updates the required standards for hazardous materials protective equipment

Effective Date of Rule: Thirty-one days after filing. Purpose: In response to the COVID-19 pandemic, the state board of education (SBE) adopted emergency rules for an emergency waiver program that permitted districts and other local educational agencies to waive graduation requirements for individual students. The purpose of the waiver program was to provide a last resort option to allow students whose education had been disrupted by the pandemic to graduate. SBE later adopted permanent rules an

Effective Date of Rule: Thirty-one days after filing. Purpose: Updating reference to United States Pharmacopeia (USP) General Chapters 795 and 797. The pharmacy quality assurance commission (commission) adopted a revision to WAC 246-945-100 Compounding minimum standards, to update the rule to the most recent version of the USP - National Formulary <795> and <797>. This will capture the revisions to the USP <795> and <797>, which have been made official since WAC 246-945-1

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 388-106-0336 What services may I receive under the residential support waiver? Adopting added amendments under the community stability supports, under the residential support waiver amendment WA.1086.R01.10. The amendments also include minor language changes for WAC consistency in service language. Citation of Rules Affected by this Order: Amending WAC 388-106-0336. Statutory Authority for Adoption: RCW 74.08.090 , 74.09.520 , 74

Effective Date of Rule: Thirty-one days after filing. Purpose: Apprenticeship programs for veterinary technicians. The veterinary board of governors (board) is adopting an amendment to WAC 246-935-060 Eligibility for examination as a veterinary technician, to clarify that a registered apprenticeship program is an approved post-secondary educational pathway to qualify for licensure exams as a veterinary technician. Citation of Rules Affected by this Order: Amending WAC 246-935-060. Statutory Auth

Effective Date of Rule: Thirty-one days after filing. Purpose: Housekeeping edits to chapter 132H-169 WAC. Citation of Rules Affected by this Order: Amending WAC 132H-169-025 and 132H-169-035. Statutory Authority for Adoption: RCW 28B.50.140 (13); chapter 34.05 RCW. Adopted under notice filed as WSR 24-03-048 on January 10, 2024. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority removed references to the hospital outpatient ratio of costs-to-charges payment method due to the discontinuation of this payment method. Citation of Rules Affected by this Order: Amending WAC 182-550-4000 and 182-550-4500. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 24-06-034 on February 29, 2024. Number of Sections Adopted in Order to Comply with Federal

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (agency) amended this section to replace outdated terms such as "residential [regional] support network (RSN)" and "mental health designee," to delete references to the department of mental health, and to update language regarding authorization and certification for inpatient psychiatric care consistent with the current managed care and administrative services organization (ASO) structure. The agency also ma

Effective Date of Rule: One day after filing. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The law that this rule implements has been in effect since 2022, so the department of retirement systems is putting the rule into effect one business day after filing. Purpose: Public safety employees' retirement system disability benefit: Implementing chapter 22, Laws of 2022, Public safety employees' retirement system — Line-of-duty disability b

Effective Date of Rule: Thirty-one days after filing. Purpose: This WAC needs to be updated to reflect the changes in board meeting dates and communication methods. Citation of Rules Affected by this Order: Amending chapter 132A-104 WAC. Statutory Authority for Adoption: RCW 28B.B.50.130 [ 28B.50.130 ], 28B.50.140 , and 34.05.010 . Adopted under notice filed as WSR 24-03-042 on January 9, 2024. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Fede

Effective Date of Rule: May 1, 2024. Purpose: The health care authority (HCA) amended these rules to add clarity and provide more detail on program requirements for how fee-for-service drugs must be billed to HCA for providers that are subject to the 340B program requirements. Citation of Rules Affected by this Order: Amending WAC 182-530-1050, 182-530-7000, 182-530-7250, 182-550-7300, 182-530-7900, 182-530-8000, 182-530-8100, 182-531-0050, 182-531-1200, and 182-531-1450. Statutory Authority for

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority deleted subsections (9) and (10) within WAC 182-538-070 to be consistent with the integrated managed care contract standards for delivery case rate payments. Citation of Rules Affected by this Order: Amending WAC 182-538-070. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 24-05-051 on February 16, 2024. Number of Sections Adopted in Order to Comply with Federa

Effective Date of Rule: Thirty-one days after filing. Purpose: Dental school faculty member licenses. The dental quality assurance commission (commission) is adopting amendments to update rules regarding out-of-state licensure in line with SB 5113 (chapter 89, Laws of 2023). SB 5113 amended RCW 18.32.195 to include any institution of higher education in Washington state accredited by the Commission on Dental Accreditation (CODA) for faculty licensure. Prior to the passing of SB 5113, license bar

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington state liquor and cannabis board (board) has adopted amendments to the rules below to implement ESSB 5365 (chapter 398, Laws of 2023) that increases penalties the board can impose on licensed retailers who sell or give cigarette, tobacco, or vapor products to persons under 21 years of age. Citation of Rules Affected by this Order: Amending WAC 314-35-075. Statutory Authority for Adoption: RCW 70.155.110 , 70.345.020 . A

Effective Date of Rule: Thirty-one days after filing. Purpose: The new WAC language changes the name of 27-month review to initial review, and also addresses the barrier to school counselor preparation program approval timeline. Citation of Rules Affected by this Order: Amending WAC 181-78A-105. Statutory Authority for Adoption: Chapter 28A.410 RCW. Adopted under notice filed as WSR 24-03-159 on March 21 [January 24], 2024. Number of Sections Adopted in Order to Comply with Federal Statute: New

Effective Date of Rule: Thirty-one days after filing. Purpose: The new WAC will add adapted physical education (PE) as a specialty endorsement to the state system along with prerequisite as to who can hold this specialty endorsement. The professional educator standards board approved of adding adapted PE specialty endorsement to the state system as well as prerequisites as to who can hold this specialty endorsement. Citation of Rules Affected by this Order: Amending WAC 181-82A-208. Statutory Au

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of licensing is removing the requirement for firearm dealers to charge a fee for semiautomatic assault rifle purchases. This change is pursuant to HB 1143, passed during the 2023 legislative session, which now allows firearms dealers to charge a background check fee for the secure automated firearm e-check system run by the Washington state patrol. Citation of Rules Affected by this Order: Amending [repealing] WAC 308-

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of labor and industries (L&I) is creating new rules in chapter 296-23 WAC, and amending one existing rule, WAC 296-23-362. The new rules define the recording notification process for when a worker wants to record independent medical examinations (IMEs) requested by L&I and self-insured employers. One existing rule, WAC 296-23-362, states an observer may not attend a psychiatric examination. This rule is updated as the