Preproposals

Subject of Possible Rule Making: Update the certification method for small businesses. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 39.04.155 , 43.19.727 , 47.01.101 , and 47.28.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules are being modified as the current definition of small business allows for firms registered in Washington's electronic business solution to participate in the small and veteran's business enforceable goal

Subject of Possible Rule Making: The department of social and health services (department) is considering amending WAC 388-76-10780 Toilets and bathing facilities, to clarify requirements for homes licensed after August 1, 2023, that have a licensed capacity of more than five. The department may amend other related rules as necessary. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Th

Subject of Possible Rule Making: The department of social and health services (department) is considering amending WAC 388-76-10031 License requirements — Seven or eight bed adult family homes — Licensure, to clarify requirements for homes wishing to increase capacity to seven or eight beds when the adult family home (home) serves only residents who do not require assistance with evacuation and the home does not have a residential sprinkler system. The department may amend other related rules as

Subject of Possible Rule Making: WAC 182-559-300 Eligibility for community support 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) intends to lower the minimum eligibility age for community support services from age 18 to age 16. This will allow more people to receive supportive housing services t

Subject of Possible Rule Making: WAC 458-40-540 Forest land values—2023 and 458-40-660 Timber excise tax—Stumpage value tables—Stumpage value adjustments. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 84.33.096 , 82.32.300 , and 82.01.060 (2). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 84.33.140 requires that forest land values be adjusted annually by a statutory formula contained in RCW 84.33.140 (3). The department of revenue (depa

Subject of Possible Rule Making: The state board of education will propose amendments to chapter 180-90 WAC to make changes as necessary to align rule to current policy or practice, recently passed legislation, clarify definitions, clarify administrative procedures, improve readability of the rule, and make other changes identified during the review of the WAC chapter. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.195.040 . Reasons Why Rules on this Subject may be Neede

Subject of Possible Rule Making: The department is planning to amend WAC 388-112A-0800 What is residential care administrator training?, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.120 , 74.39A.009 , 74.39A.070 , 74.39A.074 , and 71A.12.040 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules on this subject are needed due to the lack of alignment between WAC 388-112A-0800 and RCW 70.128

Subject of Possible Rule Making: The Washington state board of nursing (board) is considering amendments to nursing education rules in response to E2SSB 5582 (chapter 126, Laws of 2023). The board is considering amending WAC 246-840-517, 246-840-534, and other related sections. Statutes Authorizing the Agency to Adopt Rules on this Subject: E2SSB 5582 (chapter 126, Laws of 2023); RCW 18.79.010 and 18.79.110 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: E2SSB 5

Subject of Possible Rule Making: WAC 172-11-040 Waivers of tuition. 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 tuition waivers available for Eastern Washington University (EWU) employees and possibly expand eligibility to other groups. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None. Proces

Subject of Possible Rule Making: Washington State University is updating the rules regarding practice and procedure, chapter 504-04 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.30.150 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed amendments modify, clarify, and update procedural rules, specifically the rules regarding advising and representation of parties at formal proceedings. Process for Developing New Rule: Revi

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 and 46.01.110 Rule-making authority. 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 s

Subject of Possible Rule Making: WAC 308-100-005 Definitions, 308-100-033 Minimum training requirements, 308-100-035 Employer certification, 308-100-040 Examination requirement for commercial driver's license, 308-100-050 Examination fees, 308-100-100 Intrastate waiver, 308-100-130 Serious traffic violations, 308-100-180 Third-party testing fee; and creation of two new WAC to cover retesting and retraining requirements following the surrender, disqualification, or cancellation of a driver's comm

Subject of Possible Rule Making: Health care benefit manager (HCBM) registration. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 and 48.200.900 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Existing HCBM rules require the submission of a significant amount of documentation for registration. It has been determined that some of the requirements for submission are excessive and do not assist in the registration process. The purpose

Subject of Possible Rule Making: Implementation of ESSB 5122 (2011-12), ESHB 1222 (2023-24), E2SHB 1357 (2023-24), SB 5036 (2023-24), SB 5066 (2023-24), SB 5242 (2023-24), SSB 5396 (2023-24), and other related legislation incorporated as consolidated health care rule making. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 (to effectuate chapter 314, Laws of 2011; chapter 8, Laws of 2023; chapter 107, Laws of 2023; chapter 194, Laws of 2023; chapter 245, Laws of 2023

Subject of Possible Rule Making: The gambling commission is considering amendments to chapter 230-17 WAC including, but not limited to, addressing timeliness for filings before the commission. 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 recent commission enforcement actions, motions, responses, and other legal documents associated with a particular petition for review or reconsid

Subject of Possible Rule Making: The department is considering rule changes to WAC 220-412-090 which relate to multiseason tags. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.055 , 77.12.047 , and 77.08.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments are needed to create a subset of multiseason tags for the Washington department of fish and wildlife's (WDFW) chronic wasting disease surveillance program. Othe

Subject of Possible Rule Making: Creating a fee and updating a surcharge for a multistate nursing license. WAC 246-840-990 Fees and renewal cycle. The department of health (department) in consultation with the Washington state board of nursing (board), formerly known as nursing care quality assurance commission, must update an existing licensing surcharge amount in rule to comply with the new surcharge amount in law. The department and the board are also considering rule making to create a fee f

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-449-0001 What are the disability requirements for the aged, blind, or disabled (ABD) program?, 388-447-0001 What are the incapacity requirements for referral to the housing and essential needs (HEN) program?, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050 and 74.08.090 . Reasons Why Rules on this Subject may b

Subject of Possible Rule Making: SECURE Act 2.0 Deduction of medical premiums by former public safety officers. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 ; and the SECURE Act 2.0, part of the Consolidated Appropriations Act of 2023 (P.L. 117-328). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Until recently, former public safety officers needed to have medical premiums deducted from their pension in order to qualify for a tax

Subject of Possible Rule Making: WAC 296-14-8810 Pension tables, pension discount rate and mortality tables. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020 , 51.44.070 (1), and 51.44.080 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to amend the rule by lowering the pension discount rate to better align with the rate of return for long-term treasuries for self-insured pensions. These reductions

Subject of Possible Rule Making: The dental quality assurance commission (commission) is considering amending rules about granting licenses to dental school faculty members. The commission is considering removing specific references in WAC 246-817-150 about granting licenses to University of Washington faculty and replacing this with a reference to a faculty of any institution of higher education in Washington state accredited by the commission on dental accreditation (CODA). Statutes Authorizin

Subject of Possible Rule Making: WAC 182-531-0150 Noncovered physician-related and health care professional services — General and administrative and 182-531-0950 Office and other outpatient physician-related 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 agency is amending these rules to align with Section 11405 of the Inf

Subject of Possible Rule Making: The department is considering adding new sections to chapter 220-500 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.055 , 77.12.047 , and 77.08.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: New sections are necessary to add to chapter 220-500 WAC to prevent further resource damage to department-managed lands. Process for Developing New Rule: Agency study. Interested parties can pa

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. 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 rule before publication by contact

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. 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 rule before publication by contact

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-112A-0080 Who is required to complete the seventy-hour long-term care worker basic training and by when? This section relates to adult family home administrator training certification. During the course of this rule making, we may amend other related rules as required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.120 , 74.39A.009 , 74.39A.070 , 74.39A.07

Subject of Possible Rule Making: Creation of new chapter 172-125 WAC, Alternative dispute resolution. 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: Create a new process for alternative dispute resolution of concerns raised under the student conduct code, chapter 172-121 WAC. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with Th

Subject of Possible Rule Making: Chapter 172-121 WAC, Student conduct code. 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 the definition of a threat and add cross-references to options for alternative dispute resolution. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None. Process for Developing New R

Subject of Possible Rule Making: The office of administrative hearings (OAH) is proposing to clarify the organizational description in WAC 10-04-025. Statutes Authorizing the Agency to Adopt Rules on this Subject: The purpose of chapter 10-04 WAC is to implement the provisions of chapter 42.56 RCW relating to public records. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: For WAC 10-04-025, OAH has changed the way administrative law judges are organized within the

Subject of Possible Rule Making: To add a state disaster individual assistance chapter to Title 118 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 38.52.030 (9) and 38.52.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this chapter is to establish eligibility, activation, funding, and programmatic criteria for a Washington state disaster individual assistance program (WAIA). The WAIA program is designed to provide sup

Subject of Possible Rule Making: Creating new agency affiliated counselor (AAC) credentials and making other updates to chapter 246-810 WAC, Counselors. Amending chapter 246-810 WAC, Counselors, and possibly repealing or creating new sections. The department of health (department) is considering rule making to establish two new credentials, the certified AAC and licensed AAC, which were created by 2SHB 1724. This rule-making project will consider requirements for the new credentials including, b

Subject of Possible Rule Making: Changing the scope of practice for optometrists. The board of optometry (board) is proposing to amend, establish new, and possibly repeal sections in chapter 246-851 WAC to implement SSB 5389 (chapter 400, Laws of 2023), which expands the optometrist scope of practice to include certain advanced procedures and establishes requirements for a license endorsement. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.54.070 , 18.53.010 ; SSB 5389 (c

Subject of Possible Rule Making: Kidney disease treatment center temporary emergency exemptions. Chapter 246-310 WAC, Certificate of need, kidney disease treatment centers sections. The department of health (department) is considering creating a new section to implement SSB 5569 (chapter 48, Laws of 2023) that creates exemptions from certificate of need requirements for kidney disease centers due to a temporary emergency situation. The department is also considering amending kidney disease treat

Subject of Possible Rule Making: Establishing chapter 246-929 WAC, Certified peer specialists. The department of health (department) is considering rule making to establish the new certified peer specialist profession created by 2SSB 5555 (chapter 469, Laws of 2023). This rule-making inquiry will consider rules regulating the new certified peer specialist and certified peer specialist trainee credentials. Topics that will be considered during rule making include, but are not limited to: Applicat

Subject of Possible Rule Making: Physical therapists intramuscular needling requirements. The board of physical therapy (board) and department of health (department) are considering rule making in chapter 246-915 WAC, Physical therapists and physical therapist assistants, to clarify statutory requirements for education and training and define an intramuscular needling endorsement. The board and department may consider associated training and education requirements, updating definitions, establis

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-418-0005 How will I know what changes to report?, 388-470-0005 How do resources affect my eligibility for cash assistance and basic food?, 388-470-0045 How do my resources count toward the resource limits for cash assistance?, 388-470-0070 How vehicles are counted toward the resource limit for cash assistance, and other related rules as appropriate. Statutes Authorizing the Agency to

Subject of Possible Rule Making: WAC 182-532-001 Reproductive health services — Definitions, 182-532-510 Family planning only programs — Eligibility; 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: RCW 74.09.830 provides full-scope coverage for 12 months postpartum for pregnant or postpartum persons. This coverage is more generous than an

Subject of Possible Rule Making: WAC 182-500-0010 Medical assistance definitions — A, 182-500-0095 Medical assistance definitions — R, 182-500-0100 Medical assistance definitions — S; 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 agency is amending medical assistance definitions to add a person's resources to the reasonable compatib

Subject of Possible Rule Making: Chapter 308-09 WAC, Military service members or spouses — Professional license. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.340.020 Expedition of professional license, certification, registration, or permit, 43.24.130 License moratorium for persons in service — Rules, and 46.01.110 Rule-making authority. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of licensing intends to create a defini

Subject of Possible Rule Making: WAC 308-04-030 Retail sales and use tax exemption criteria for clean alternative fuel vehicles. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.08.809 Exemptions — Vehicles using clean alternative fuels and electric vehicles, exceptions — Quarterly transfers, 82.12.809 Exemptions — Vehicles using clean alternative fuels and electric vehicles, exceptions — Quarterly transfers, and 46.01.110 Rule-making authority. Reasons Why Rules on this Su

Subject of Possible Rule Making: Title 314 WAC; the Washington state liquor and cannabis board (LCB) is considering amending WAC 314-17-015 and repealing, amending, and creating rule sections in Title 314 WAC, or both, as necessary to allow Class 13 MAST permit holders, in areas not restricted to minors, to open and pour beer and wine from bottles or cans away from the table. LCB is also considering repealing, amending, and creating rule sections in Title 314 WAC as necessary to implement the pr

Subject of Possible Rule Making: Implementation of HB 1061 (chapter 21, Laws of 2023) insurance producers prelicensing education. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 , 48.17.005 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HB 1061 amends RCW 48.17.090 to eliminate the requirement that an applicant for a resident insurance producer license complete a prelicensure course of study for the lines of authority for which the

Subject of Possible Rule Making: Implementation of chapter 64, Laws of 2023, an act relating to the best interest standard for annuities in Washington. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 (3) and 48.23.015 (8). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HB 1120, concerning the best interest standard for annuities, passed during the 68th legislative session. The new law will update Washington's "suitability standard" f

Subject of Possible Rule Making: Implementation of SHB 1266 (chapter 27, Laws of 2023). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 and 48.17.005 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 1266 (chapter 27, Laws of 2023) clarified how the commissioner may communicate with licensees. The commissioner is considering rules to update what address of record the commissioner may use when communicating with licensees. Process

Subject of Possible Rule Making: Prior authorization; implementation of E2SHB 1357 (2023). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 , 48.43.0161 , 48.43.515 , and 48.43.520 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2023, the legislature enacted E2SHB 1357 (chapter 382, Laws of 2023). Multiple provisions of the office of insurance commissioner (OIC) rules in chapters 284-43 and 284-170 WAC need amendments to be consis

Subject of Possible Rule Making: Amending WAC 132I-126-010, 132I-126-050 and 132I-126-100; and new WAC 132I-126-130. Statutes Authorizing the Agency to Adopt Rules on this Subject: Washington HB [2SHB] 1751 (Sam's Law, hazing prevention) was passed into law March 3, 2022, and became effective June 9, 2022. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Highline College is required by the state of Washington to update its student conduct code to be in compliance w

Subject of Possible Rule Making: Chapter 296-14 WAC, Industrial insurance. Statutes Authorizing the Agency to Adopt Rules on this Subject: 2SSB 5454, chapter 370, Laws of 2023; RCW 51.04.020 , 51.04.030 , 51.08.142 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2023, the Washington state legislature passed 2SSB 5454, chapter 370, Laws of 2023, 2SSB 5454, amending RCW 51.08.142 , established posttraumatic stress disorder as a presumptive occupational disease