Preproposals

Subject of Possible Rule Making: Chapter 132A-104 WAC, Board of trustees, needs to be updated to reflect the changes in meeting dates and communication methods. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.130 , 28B.50.140 , and 34.05.010 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Update the codification of rules regarding the board of trustees. Other Federal and State Agencies that Regulate this Subject and the Process Coordin

Subject of Possible Rule Making: Reviewing, reevaluating, and updating chapter 463-30 WAC, Adjudicative proceedings. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040 : "The council shall have the following powers: (1) To adopt, promulgate, amend, or rescind suitable rules and regulations, pursuant to chapter 34.05 RCW, to carry out the provisions of this chapter, and the policies and practices of the council in connection therewith." Reasons Why Rules on this Subject

Subject of Possible Rule Making: Emergency waiver of certain requirements, chapter 180-111 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.195.010 , 28A.230.090 , 28A.150.220 (7). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Public comments and correspondence to the state board of education (board) from education practitioners have requested the board consider extending an emergency waiver of graduation pathway requirements due to c

Subject of Possible Rule Making: Ecology is beginning a rule making to amend chapter 173-166 WAC, Emergency drought relief. Ecology currently has an emergency drought rule in effect, chapter 173-167 WAC, Emergency drought funding, which is effective through November 20, 2023. Ecology may adopt subsequent emergency rules until the permanent rule is adopted. Through rule making, ecology plans to integrate information related to how ecology manages its emergency drought funding program into the per

Subject of Possible Rule Making: Electrical rules: WAC 296-46B-906 Inspection fees, 296-46B-909 Electrical/telecommunications contractor's license, administrator certificate and examination, master electrician certificate and examination, electrician certificate and examination, copy, and miscellaneous fees, and 296-46B-911 Electrical testing laboratory and engineer accreditation fees. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 19.28 RCW, Electricians and electrical

Subject of Possible Rule Making: Hospital fees. The department of health (department) is considering rule amendments to update fees for acute care hospitals, WAC 246-320-199, and private psychiatric hospitals, WAC 246-322-990. The department will also consider changes to clarify and standardize language. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.110 and 43.70.250 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is co

Subject of Possible Rule Making: Prescription monitoring program (PMP), clarifying terms and information about prescription history for PMP. The department of health (department) is considering clarifying that prescribers can request the history of prescriptions they have written. The department is considering changes to WAC 246-470-010, 246-470-030, and 246-470-050 and potentially other related sections in chapter 246-470 WAC to help clarify rules including terms and definitions relating to PMP

Subject of Possible Rule Making: Chapter 132H-160 WAC, Admissions, residency classification and registration regulations — Schedule of fees and financial aid for Community College District VIII. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW; and RCW 28B.50.140 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Bellevue College proposes changes to comply with SSHB 2513 (this bill prohibits colleges from withholding a student's off

Subject of Possible Rule Making: The conditions and requirements for situating nonhouse-banked, Class F, and house-banked card rooms adjacent to each other. 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: WAC 230-06-046, regarding additional requirements for licensed business premises of nonhouse-banked, Class F, and house-banked card rooms, establishes the conditions under which card r

Subject of Possible Rule Making: WAC 182-530-7050 Reimbursement — Dispensing fee; 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 revising this rule in accordance with the settlement agreement in the case of National Association of Chain Drug Stores, et al., v. Washington State Health Care Authority,

Subject of Possible Rule Making: Transition to kindergarten; establish a new chapter within Title 392 WAC and amend chapters 392-121 and 392-122 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.300.072 and 28A.150.290 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In alignment with 2SHB 1550, passed by the Washington state legislature in 2023, the office of superintendent of public instruction (OSPI) is considering rule making concer

Subject of Possible Rule Making: The pollution liability insurance agency (PLIA) proposes to adopt a new rule, chapter 374-10 WAC, pursuant to the authority established under chapter 70A.545 RCW. The new rule will establish the state financial assurance program and include the following: • Program eligibility and enrollment requirements; • Coverage and payment limits; • PLIA lien and cost recovery authority; • Fraud provisions; • Review of agency decisions; • Service provider requirements and pr

Subject of Possible Rule Making: Title 314 WAC. The Washington state liquor and cannabis board (LCB) is considering amending WAC 314-55-020 and 314-55-080; and repealing, amending, and creating rule sections in Title 314 WAC as necessary to update requirements for cannabis retailers to maintain medical cannabis endorsements and to add a voluntary surrender mechanism. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.50.342 (cannabis) and 69.50.375 Cannabis retailers — Medica

Subject of Possible Rule Making: Special supplemental nutrition program for women, infants, and children (WIC). The department of health (department) is considering amending chapter 246-790 WAC to increase flexibility in allowed vendor types and update program requirements for vendors. The department is also considering amendments to the participant compliance rules to reflect virtual service options. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.120 . Reasons Why Rul

Subject of Possible Rule Making: Dental therapist; the department of health (department) is considering establishing new chapter 246-819 WAC for the dental therapist profession in order to implement ESHB 1678 (chapter 460, Laws of 2023). Statutes Authorizing the Agency to Adopt Rules on this Subject: ESHB 1678; RCW 18.265.020 , 18.265.800 , 43.70.250 , and 43.70.280 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2023, ESHB 1678 established the new profession

Subject of Possible Rule Making: The department of social and health services (department) is planning to amend WAC 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?, 388-450-0190 How does the department figure my shelter cost income deduction for basic food?, 388-450-0195 Does the department use my utility costs when calculating my basic food or WASHCAP benefits?, 388-478-0060 What are the inc

Subject of Possible Rule Making: Music therapists. The department of health (department) is considering creating a new chapter of rules under Title 246 WAC to establish licensing regulations for music therapists, including fees. The department will consider any necessary rules for an advisory committee. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.233.060 , 18.233.070 , 43.70.250 ; and chapter 18.233 RCW. Reasons Why Rules on this Subject may be Needed and What They Mig

Subject of Possible Rule Making: Adding facility types to the list of opioid prescribing exclusions for dentists. The dental quality assurance commission (commission) is considering adding residential habilitation centers, nursing homes, and long-term hospitals to the list of opioid prescribing exclusions in WAC 246-817-905 Exclusions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.32.0365 and 18.32.800 . Reasons Why Rules on this Subject may be Needed and What They Might

Subject of Possible Rule Making: Chapter 172-10 WAC, Public records requests. 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: Update contact information and procedures for receiving and processing public records requests. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt the new rule and formulation of the proposed

Subject of Possible Rule Making: Establishing rules for a new low-income home rehabilitation grant program enacted in SHB 1250, chapter 380, Laws of 2023. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.330.482 , 43.330.483 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The low-income home rehabilitation revolving loan program (loan program) was established in 2017 and served homeowners in rural areas and who have incomes at or below 200

Subject of Possible Rule Making: Auditory screening of school-age children. The Washington state board of health (board) is considering amending the auditory screening sections of chapter 246-760 WAC, Auditory and visual standards — School districts, to align with current national evidence-based practices and assess potential options regarding whether to include otoacoustic emission (OAE) screening technology in the board's rules. The board may also consider other technical or editorial changes

Subject of Possible Rule Making: Public safety employees' retirement system disability benefits. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 and 41.37.230 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Implementing chapter 22, Laws of 2022 Public safety employees' retirement system — Line of duty disability benefit. Process for Developing New Rule: Agency study. Interested parties can participate in the decision to adopt the ne

Subject of Possible Rule Making: Chapter 51-04 WAC, amendments to the council policies and procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27.074 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to the council policies and procedures intended to streamline the code adoption cycle and clarify the council policies and procedures. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the R

Subject of Possible Rule Making: Chapter 16-303 WAC, Seed assessment, fees for seed services and seed certification. In response to a petition for rule making submitted by the Washington State Crop Improvement Association (WSCIA), the department is considering amending WAC 16-303-340 by increasing fees to align with the current cost of providing certification services, adding quinoa as a crop that is certified under this section, and otherwise aligning it with the department's seed certification

Subject of Possible Rule Making: The department of fish and wildlife (WDFW) is considering changes to rules for recreational clam, mussel, and oyster harvest seasons. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.055 , 77.12.047 , and 77.60.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WDFW must annually amend recreational clam, mussel, and oyster season rules on some public tidelands in response to shellfish populat

Subject of Possible Rule Making: Chapter 16-228 WAC, General pesticide rules. The department of agriculture (department) is considering updates to multiple sections of this chapter to comply with the 2017 federal certified pesticide applicator rule update and subsequent Washington state certification plan approved by the United States Environmental Protection Agency (EPA) in December 2022. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.58.040 , 17.21.030 . Reasons Why Rul

Subject of Possible Rule Making: Dental hygiene health equity continuing education (CE) requirements. The department of health (department) is considering creating a new rule in chapter 246-815 WAC, Dental hygiene health equity training requirements. The department is considering adopting the health equity CE model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613 . The department will also consider whether additional CE hours and course topics should be included. Statutes A

Subject of Possible Rule Making: Safety standards for quotas at warehouse distribution centers. New chapter under Title 296 WAC, Department of labor and industries (L&I), and chapter 296-360 WAC, Discrimination, pursuant to RCW 49.17.160 . Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.84.060 , 49.17.010 , 49.17.040 , 49.17.050 , and 49.17.060 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2023's 2SHB 1762, codified under chapter 49.84 R

Subject of Possible Rule Making: Labor standards for quotas at warehouse distribution centers. New chapter under Title 296 WAC, Department of labor and industries (L&I). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.84.060 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2023's 2SHB 1762, codified under chapter 49.84 RCW, addresses protections for employees at warehouse distribution centers who are subject to quotas. Chapter 49.84 RCW inc

Subject of Possible Rule Making: Contractor registration rules; WAC 296-200A-015 What terms do I need to know to understand this chapter?, 296-200A-030 How much are the surety bond or savings account amounts?, 296-200A-080 How is a suit filed against a contractor?, 296-200A-400 What monetary penalties will be assessed for an infraction issued for violations of RCW 18.27.040 , 18.27.100 , 18.27.110 , 18.27.114 or 18.27.200 ?, and 296-200A-900 What fees does the department charge contractors for i

Subject of Possible Rule Making: The purpose of this rule making is to consider possible revisions to chapters 480-100 and 480-107 WAC and WAC 480-90-238; and potential new rules under RCW 80.28.380 given investor-owned utilities' (IOUs) obligations under the Climate Commitment Act (CCA), codified as chapter 70A.65 RCW. This rule making is being initiated in the context of a pending workshop docket, Docket U-230161, at the utilities and transportation commission (commission). Statutes Authorizin

Subject of Possible Rule Making: The board of boiler rules (board); WAC 296-104-020 Administration — What are the filing requirements for boilers and unfired pressure vessels before their installation/reinstallation?, 296-104-102 Inspections — What are the standards for in-service inspection?, 296-104-200 Construction — What are the standards for new construction?, 296-104-255 Installation — What are the required clearances for boilers?, 296-104-260 Installation — What are the required clearance

Subject of Possible Rule Making: Chapter 181-82A WAC, adding new specialty endorsement to the state system. 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: Adding adapted professional educator specialty endorsement to the state system. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable. Process for

Subject of Possible Rule Making: Chapter 181-78A WAC, School counselor approval and review structure. 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: Addressing the barriers for the approval of school counselor preparation programs and aligning the review terminology. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agenc

Subject of Possible Rule Making: The department of social and health services (DSHS) is considering adding new sections and repealing and amending existing sections in chapter 388-76 WAC, Adult family home minimum licensing requirements, chapter 388-78A WAC, Assisted living facility licensing rules, chapter 388-97 WAC, Nursing homes, and chapter 388-107 WAC, Licensing requirements for enhanced services facilities, including WAC 388-76-10160, 388-76-10161, 388-76-10163, 388-76-101631, 388-76-1016

Subject of Possible Rule Making: Classifying wildlife capture drugs as approved legend drugs for the department of fish and wildlife (WDFW). The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-507 to add certain intramammary antibiotic formulations to the list of approved legend drugs in response to a petition from a veterinarian at WDFW. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.64.005 , 69.41.075 . Reasons Why Rules on this Su

Subject of Possible Rule Making: Dialysate and dialysis device manufacturers and wholesalers in home dialysis programs. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-090, 246-945-091, 246-945-092, and 246-945-093 and creating new sections in chapter 246-945 WAC to include manufacturers and distributors of dialysate and dialysis devices in home dialysis program rules under the commission's jurisdiction. The amendments under consideration are in respons

Subject of Possible Rule Making: Modernization of the 911 system in chapters 118-66, 118-67, and 118-68 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 38.52.520 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HB [SHB] 1703 from the 2022 legislative session amended several statutes that impact the statewide 911 emergency communications system. These RCW were updated to align with the modernization of the 911 system and current technologi

Subject of Possible Rule Making: New chapter to Title 468 WAC; speed safety camera systems in work zones. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.63.200 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Sections 1 - 3, chapter 17, Laws of 2023, per ESSB 5272 (now RCW 46.63.200 ). The Washington state department of transportation (WSDOT) is responsible for all actions related to the operation and administration of speed safety camera

Subject of Possible Rule Making: WAC 204-21-130 Emergency lamps, 204-21-230 Lighting equipment prohibited, 204-36-050 Equipment requirements, and 204-91A-170 Minimum tow truck equipment standards. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.37.005 , 46.37.320 , and 46.37.194 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to WAC 204-21-130, 204-21-230, 204-36-050, and 204-91A-170 are needed to coincide with legislative changes

Subject of Possible Rule Making: Medical insurance premium reimbursement — Law enforcement officers' and firefighters' (LEOFF) Plan 2 members. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.26.470 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As a follow-up to recent rule making (WSR 23-17-019), the department of retirement systems will provide further clarification regarding reimbursement of medical premiums for LEOFF Plan 2 members wh

Subject of Possible Rule Making: Life insurance disclosure requirements, WAC 284-23-650. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 and 48.83.170 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making is attempting to resolve misalignment identified between rules and laws in the insurance code. The rules in chapter 284-23 WAC do not align with the laws in chapter 48.83 RCW, as applied to life insurance with long-term

Subject of Possible Rule Making: Chapter 365-240 WAC, Affordable and supportive housing — Local sales and use tax. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.14.540 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: For consistency with SB [SSB] 5604 (Laws of 2023), the department is proposing to amend chapter 365-240 WAC to clarify language regarding use of the tax revenue and size requirements for cities and counties. Other Federal and

Subject of Possible Rule Making: Removing fenfluramine from the list of Schedule IV substances. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-055 to remove fenfluramine from the list of Schedule IV substances and adding a new section to chapter 246-945 WAC to establish a list of Schedule IV exemptions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.64.005 and 69.50.201 . Reasons Why Rules on this Subject may be Needed and What

Subject of Possible Rule Making: Medical assistants; various provisions. The department of health (department) is considering rule amendments to WAC 246-827-0010, 246-827-0200, and 246-827-0240 to align with statutes updated by ESHB 1073 (chapter 134, Laws of 2023) and ensure that the rules are current and align with best practices. The department will also consider adding new WAC 246-827-0340 to address the medication administration requirements for the medical assistant-registered credential.

Subject of Possible Rule Making: Transfer practices for a dispensed prescription drug for the purpose of redispensing or subsequent administration to a patient. The pharmacy quality assurance commission (commission) is proposing to create a new section(s) in chapter 246-945 WAC related to the regulation of the practices of "white bagging" and "brown bagging" or any other transfer of a prescription or drug for the purpose of redispensing or subsequent administration to a patient. Statutes Authori

Subject of Possible Rule Making: Holiday leave bank cash-out. 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: Providing clarification regarding employers reporting cash-outs from holiday leave banks. Additional background information is available through department of retirement systems (DRS) Notice 22-012, holiday leave banks at www.drs.wa.gov/drs-notice-22-012-holiday-leave-banks/ .