Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) for the veterinarian and veterinary technician professions. The veterinary board of governors (board) created new WAC 246-933-437 and 246-935-307 for licensed veterinarians and veterinary technicians to establish health equity CE to implement ESSB 5229 (chapter 276, Laws of 2021). Citation of Rules Affected by this Order: New WAC 246-933-437 and 246-935-307. Statutory Authority for Adoption: RC

Effective Date of Rule: Thirty-one days after filing. Purpose: Physician health monitoring programs for substance use disorders of veterinarian professions. WAC 246-933-601 through 246-933-630 physician health monitoring. The veterinary board of governors (board) has adopted amendments to physician health monitoring programs for substance use disorders of veterinarian professions. The board has made rule amendments to the physician health substance use disorder monitoring program to update langu

Effective Date of Rule: March 1, 2024. Purpose: The health care authority (agency) revised the premium payment program (PPP) rules to: (a) Update eligibility requirements for clients enrolled in a qualified health plan; and (b) clarify when and how the agency recovers overpayments from PPP clients. The amended rules: • Allow clients with individual health plans through Washington health benefit exchange (HBE) to enroll in the PPP. • Require clients enrolled in an individual health plan purchased

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 458-16-130 to incorporate 2023 legislation, HB 1303. Section 2 of this bill explains how the assessor lists and values publicly owned property that loses its exempt status. WAC 458-16-165 is being amended to incorporate 2023 legislation, HB 1265. Section 2 of this bill explains certain provisions regarding a property tax exemption for housing for persons with developmental disabilities. Citation of Rule

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 458-19-025 to incorporate 2023 legislation, HB 1303. Section 8 of this bill explains how a taxing district calculates its levy limit if it doesn't levy on a regular basis. WAC 458-19-070 and 458-19-075 are also being updated to incorporate HB 1303. Sections 3 and 5 of this bill explain how to prorate certain property tax levies due to the correction of a levy error. Citation of Rules Affected by this Or

Effective Date of Rule: Thirty-one days after filing. Purpose: Review and update chapter 246-926 WAC, Radiological technologists. The department of health (department) completed a periodic rule review, as required by RCW 43.70.041 , and determined that chapter 246-926 WAC was in need of updating and clarification. The department is adopting amendments to chapter 246-926 WAC to clarify, streamline, and modernize the regulations of cardiovascular invasive specialists, diagnostic radiologic technol

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the amendments is to remove HIV/AIDS training references used in the basic requirements training in WAC 388-71-0906 What topics must be taught in the core competencies of the 70-hour home care aide basic training?, 388-71-0911 What are the core competencies and learning objectives for the 70-hour home care aide basic training?, 388-112A-0310 What topics must be taught in the core competencies of the 70-hour home care a

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends chapter 16-157 WAC, Organic food standards and certification, by increasing the following fees throughout WAC 16-157-251 to ensure that the full cost of operating the program is recovered. The fee increases are as follows: New applicant fee - increased from $375 to $500; renewal fees - increased 38 percent on average for all income ranges; minimum renewal fee - increased from $412.50 to $570; inspection

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) for psychologists under chapter 246-924 WAC. The examining board of psychology (board) adopts amendments to WAC 246-924-230 to establish health equity CE requirements and implement ESSB 5229 (chapter 276, Laws of 2021). The adopted rule requires two hours in health equity CE every three years, rather than four years, and is absorbed into the existing number of CE hours required. It does not cha

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) training for podiatric physicians and surgeons. The podiatric medical board (board) is amending WAC 246-922-300 and 246-922-310 to implement ESSB 5229 (chapter 276, Laws of 2021). The board has adopted the health equity model rules, WAC 246-12-800 through 246-12-830, for podiatric physicians and surgeons to comply with RCW 43.70.613 . RCW 43.70.613 (3)(b) directs the rule-making authority for e

Effective Date of Rule: Thirty-one days after filing. Purpose: Substance abuse monitoring program language updates for podiatric physicians; WAC 246-922-400, 246-922-405, 246-922-410, and 246-922-415. The podiatric medical board (board) has adopted amendments to rules regarding health profession monitoring programs to update language changes made by SSB 5496 (chapter 43, Laws of 2022). SSB 5496 updated terminology, definitions, and references for podiatric physicians in RCW 18.22.250 . The adopt

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) rules for the audiologists, hearing aid specialists, speech-language pathologists, and speech-language pathologist assistants professions. The board of hearing and speech (board) is adopting new WAC 246-828-505 and amending WAC 246-828-510 to implement ESSB 5229 (chapter 276, Laws of 2021). The board is adopting and exceeding the health equity model rule minimum standards, WAC 246-12-800 throug

Effective Date of Rule: Thirty-one days after filing. Purpose: The developmental disabilities administration (DDA) amended these rules to implement HB 1407 (2023), to make changes to the eligibility expiration processes, and to clarify language in the eligibility review section. These rules supersede any emergency filing currently in effect for these sections. When effective, these permanent rules supersede emergency rules on these sections filed as WSR 23-22-010. Citation of Rules Affected by t

Effective Date of Rule: Thirty-one days after filing. Purpose: The developmental disabilities administration amended these rules to align with amendments to home and community-based services waivers as approved by the Centers for Medicare and Medicaid Services. Major changes include adding a priority group for waiver enrollment; adding a new provider type for stabilization services; and adding signature options for person-centered service plans. When effective, these permanent rules supersede em

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule making is to add direct care registered nurses to the list of those workers for whom post traumatic stress disorder is presumed to be an occupational disease. The adoption of this rule amendment will align with changes to RCW 51.08.142 and 51.32.395 under 2023's 2SSB 5454 (chapter 370, Laws of 2023). Citation of Rules Affected by this Order: Amending WAC 296-14-300. Statutory Authority for Adoption: RCW 51.04

Effective Date of Rule: Thirty-one days after filing. Purpose: The commission proposes to create new rules regarding complaints to the commission and complaints to charter public schools in order to comply with RCW 28A.710.185 and 28A.710.187 . Citation of Rules Affected by this Order: New WAC 108-60-010, 108-60-020, 108-60-030, and 108-60-040. Statutory Authority for Adoption: RCW 28A.710.070 , 28A.710.100 , 28A.710.170 , 28A.710.185 , 28A.710.187 , 28A.710.190 , 28A.710.200 . Adopted under not

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue amended WAC 458-20-285 to incorporate the changes made to RCW 82.08.0206 due to 2023 legislation per 2SHB 1477 and SSB 5565. Citation of Rules Affected by this Order: Amending WAC 458-20-285. Statutory Authority for Adoption: RCW 82.08.0206 , 82.32.300 , and 82.01.060 . Adopted under notice filed as WSR 23-21-088 on October 17, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0,

Effective Date of Rule: Thirty-one days after filing. Purpose: Incorporation by reference for sections of Title 21 C.F.R. In 2020, the pharmacy quality assurance commission (commission) consolidated multiple chapters of rules into chapter 246-945 WAC that covers the practice of pharmacy. This adopted rule amends WAC 246-945-040(1) to incorporate Title 21 C.F.R. by reference for the purpose of capturing any changes made to Title 21 after WAC 246-945-040 went into effect on July 1, 2020. A new sub

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) for pharmacists and pharmacy technicians, WAC 246-945-178 and 246-945-220. The Washington state legislature passed ESSB 5229 in 2021, in part adding a new statutory section to chapter 43.70 RCW, RCW 43.70.613 , for the purpose of establishing health equity CE requirements for certain health care professions licensed under the department of health (department). The stated goal of health equity C

Effective Date of Rule: Thirty-one days after filing. Purpose: Dental provider health equity continuing education (CE) requirements. WAC 246-817-440 Dental continuing education requirements and 246-817-445 Dental anesthesia assistant continuing education requirements. ESSB 5229 (chapter 276, Laws of 2021), codified as RCW 43.70.613 directed the rule-making authority for each health profession licensed under Title 18 RCW that is subject to continuing competency to adopt rules requiring a licensee

Effective Date of Rule: Thirty-one days after filing. Purpose: Increasing access to medications used for the treatment of opioid use disorder (OUD) or its symptoms using remote dispensing sites. The 2020 Washington state legislature passed SSB 6086, an act relating to increasing access to medications for people with OUD. This law allows a pharmacy to extend its pharmacy license to a remote dispensing site where technology is used to dispense medications used for the treatment of OUD or its sympt

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue is amending WAC 458-20-269 to remove a reference to repealed statute RCW 82.04.43394 and to recognize 2023 legislation (SB 5166), and new RCW 82.04.4276 , which reinstates a deduction for certain amounts received by cooperative finance organizations. Citation of Rules Affected by this Order: Amending WAC 458-20-269 Waiver of public disclosure of certain new tax preferences. Statutory Authority for Adoption:

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue is updating and amending WAC 458-20-146 to recognize 2019 legislation (SHB 2167), which created an additional tax on specified financial institutions. The rule is also being updated to reinstate a deduction under SB 5166 (2023), effective July 1, 2023, and incorporate general updates, including formatting updates, addition of cross-references to other relevant rules, removal of statement regarding orders tak

Effective Date of Rule: Thirty-one days after filing. Purpose: To improve clarity and readability of chapter 10-04 WAC by adding "OAH" definition of "Office" to mean the office of administrative hearings, identifies the agency's physical locations, and that the agency procedures are in Title 10 WAC. Citation of Rules Affected by this Order: Amending WAC 10-04-015 and 10-04-025. Statutory Authority for Adoption: RCW 34.12.080 . Adopted under notice filed as WSR 23-21-080 on October 16, 2023. Chan

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule making adopts changes to chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington. We added new WAC 173-201A-332 Table 332 — Outstanding resource water designations by water resource inventory area (WRIA). We amended WAC 173-201A-020 Definitions, 173-201A-330 Tier III — Protection of outstanding resource waters, and 173-201A-602 Use designations for fresh waters by water resource inventory

Effective Date of Rule: Thirty-one days after filing. Purpose: Over-the-counter (OTC) hearing aids. The board of hearing and speech (board) is adopting rules to reflect federal changes for OTC hearing aids. The Food and Drug Administration adopted a federal rule regarding the sale of OTC hearing aids (21 C.F.R. Parts 800, 801, 808, and 874 (2022)). Effective since October 2022, OTC hearing aids may be sold to adults over 18 years of age without a medical examination or fitting from a licensed au

Effective Date of Rule: Thirty-one days after filing. Purpose: Update the adoption-by-reference date to allow implementation of the most recent version of the referenced state and federal rules; delete chapter 173-442 WAC since it has been repealed; and add 40 C.F.R. 60 Subparts AAb, KKa, MMa, and TTTa and 40 C.F.R. 62 Subpart OOO to the list. (Northwest Clean Air Agency (NWCAA) Section 104). Replace the detailed public records procedures in the regulation with a general policy statement in acco

Effective Date of Rule: Thirty-one days after filing. Purpose: The proposal is to update the complete streets program that was established in 2015 as part of the connecting Washington transportation package. Three grant cycles have been completed and both agency customers and the transportation improvement board (board) have identified the need to realign the program to be consistent with the board's existing programs. The Washington state legislature enacted Move Ahead Washington in 2022, which

Effective Date of Rule: January 15, 2024. Purpose: In September 2020, the department of labor and industries (L&I) received a petition for rule making requesting immediate rule making to address the hazards associated with wildfire smoke. Wildfire smoke presents hazards that employers and workers in affected regions must understand. Smoke from wildfires contains chemicals, gases, and fine particles that can harm health. Proper protective equipment, exposure controls, and training are needed for

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is adopting amendments to WAC 388-447-0120 How does substance use affect my eligibility for referral to the housing and essential needs (HEN) program? and 388-449-0220 How does substance use affect my eligibility for the aged, blind, or disabled (ABD) cash and pregnant women assistance (PWA) programs? These amendments implement provisions of ESHB 1260 (chapter 289, Laws of 2023) that expand circumstances where good cau

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends chapter 16-131 WAC, Marijuana-infused edibles, by replacing all occurrences of the word "marijuana" with "cannabis" and all references to MIE (marijuana infused edibles) with CIE (cannabis infused edibles) in alignment with SSHB 1210 (chapter 16, Laws of 2022). Citation of Rules Affected by this Order: Amending WAC 16-131-010, 16-131-020, 16-131-030, 16-131-040, 16-131-050, 16-131-060, 16-131-070, 16-131

Effective Date of Rule: Thirty-one days after filing. Purpose: Administration of anesthetic agents for dental procedures. The dental quality assurance commission (commission) is adopting rule amendments to establish new and update existing requirements for the administration of anesthetic agents for dental procedures. Standards of care have changed since the current rule was adopted and a complete review was necessary. Creating a pediatric sedation endorsement is necessary to provide safeguards

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends chapter 16-149 WAC, Cottage foods, by increasing the cap on annual gross sales from $25,000 to $35,000 and requiring cottage food permits to be renewed every two years instead of annually in alignment with SHB 1500 (chapter 352, Laws of 2023). Citation of Rules Affected by this Order: Amending WAC 16-149-010, 16-149-030, 16-149-040, 16-149-060, and 16-149-070. Statutory Authority for Adoption: RCW 69.22.

Effective Date of Rule: Thirty-one days after filing. Purpose: Updates Eastern Washington University's student conduct code to include a process for adaptable dispute resolution. Citation of Rules Affected by this Order: New WAC 172-121-102; and amending WAC 172-121-100, 172-121-140, and 172-121-302. Statutory Authority for Adoption: RCW 28B.35.120 (12). Adopted under notice filed as WSR 23-20-097 on October 2, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amen

Effective Date of Rule: Thirty-one days after filing. Purpose: The rules make inflationary adjustments to the lobbying reporting thresholds. The rules also amend the grass roots (indirect) lobbying requirements, including clarifying the reporting of grass roots lobbying activities. The rules also make miscellaneous changes to other lobbying reporting requirements, including technical changes and other clarifications. The rules make additional inflationary adjustments for campaign finance values

Effective Date of Rule: January 1, 2024. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The updated forest land values in WAC 458-40-660 are required by RCW 84.33.140 to be updated on or before December 31st for use the following year. RCW 84.33.091 requires the stumpage values in WAC 458-40-660 to be updated on or before December 31st for use the following January 1st through June 30th. Purpose: WAC 458-40-540 contains the forest land va

Effective Date of Rule: Thirty-one days after filing. Purpose: To clarify the requirements of the judicial benefit multiplier program, including but not limited to membership, contribution rates, and benefits calculation. Citation of Rules Affected by this Order: New WAC 415-02-385, 415-108-350, and 415-112-160. Statutory Authority for Adoption: RCW 41.50.050 . Other Authority: RCW 2.14.115 , 41.32.581 , 41.32.584 , 41.32.587 , 41.40.124 , 41.40.127 , 41.40.404 , 41.40.408 , 41.40.760 , 41.40.76

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 192-100-070 currently defines a conditional payment as an unemployment benefit paid after an individual has already received one benefit payment but "during a period in which the department questions (the individual's) continued eligibility for benefits." More clarity is needed to objectively define the beginning and end of this period during which the employment security department is questioning the individual's continued eligi

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (agency) held a public hearing on September 26, 2023, on WAC 182-535A-0040 under WSR 23-17-086 to make the requirements for "case study" less restrictive in subsection (5)(c). The agency removed " when done in conjunction with limited or comprehensive treatment only " and replaced it with " when done in conjunction with orthodontic treatment ." After the public hearing, the agency recognized that another rev

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending WAC 182-513-1110 to remove presumptive eligibility for long-term services and supports (LTSS) in an alternate living facility. This change is currently effective by emergency rule filed under WSR 23-19-050. The agency adopted WAC 182-513-1110 anticipating federal government approval from the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS). Currently, CMS has approved pr

Effective Date of Rule: December 7, 2023 (two business days after filing). Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Effective date of two business days after filing as allowed under RCW 34.05.380 (3)(a) because ESHB 1699 and SSB 5538 are both already in effect. Purpose: To make changes and clarifications as necessary and appropriate to implement bills including ESHB 1699 (permitting individuals retired from the public employees' ret

Effective Date of Rule: July 1, 2024. Purpose: The department of labor and industries (L&I) is updating the threshold amount in WAC 296-127-050 from the outdated $2,500 threshold used by awarding agencies of the alternate filing procedures (combined intent and affidavit form) on public works projects, to be consistent with recent changes to RCW 39.12.040 Statement of intent to pay prevailing wages. In order to avoid future rule making if the statutory amount is changed in the future, L&I is remo

Effective Date of Rule: Thirty-one days after filing. Purpose: The existing parking and traffic regulations were outdated. Changes were necessary to reflect actual college processes and procedures. Citation of Rules Affected by this Order: Amending chapter 132L-117 WAC, Traffic and parking regulations. Statutory Authority for Adoption: Chapter 34.05 RCW; and RCW 28B.50.140 (13). Adopted under notice filed as WSR 23-21-073 on October 13, 2023. Date Adopted: December 4, 2023. Janet Reaume Executiv

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule making will permanently adopt the department's overpayment waiver emergency rules in order to permanently provide expanded access to overpayment waivers. This rule making will also allow the department to consider waivers for claimants with overpayments resulting from a discharge for misconduct that occurred from February 2, 2020, through September 4, 2021. Citation of Rules Affected by this Order: New WAC 192-220-018; and

Effective Date of Rule: January 1, 2024. Purpose: The Washington state legislature passed ESSB 5111, chapter 267, Laws of 2023, during the 2023 legislative session, which amends RCW 49.46.210 and 49.46.180 to require payment for accrued and unused sick leave for certain construction workers following separation. The updates to chapter 296-128 WAC are needed to clarify and enforce the new requirements. Additional updates are needed to address existing statutory requirements in RCW 49.46.180 , as

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of children, youth, and families is updating administrative rules in chapter 110-30 WAC and other related rules that govern its authority and processes for investigating referrals of alleged child abuse or neglect. These changes are being taken pursuant to chapter 441, Laws of 2023 (ESSB 5515) which amended RCW 26.44.210 . Citation of Rules Affected by this Order: Amending WAC 110-30-0020 and 110-30-0050. Statutory Aut

Effective Date of Rule: Thirty-one days after filing. Purpose: To implement chapter 70A.60 RCW, Hydrofluorocarbons emissions reduction, the department of ecology (ecology) is adopting amendments to chapter 173-443 WAC, Hydrofluorocarbons (HFCs); and chapter 173-455 WAC, Air quality fee rule. The adopted rules: • Establish maximum global warming potential thresholds for HFCs used in new stationary refrigeration and air conditioning equipment, small cans of refrigerant primarily used for automativ