Preproposals

Subject of Possible Rule Making: WAC 182-533-0390 Childbirth education (CBE) classes; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (HCA) is amending this rule to include criteria to allow agency-approved online classes with a one-on-one check-in with the client and qualified CBE provider during or after the on

Subject of Possible Rule Making: WAC 363-116-076 Examination for pilot applicants and 363-116-077 Simulator evaluation for pilot applicants. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 88.16 RCW, Pilotage Act. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In preparation for the 2024 Washington state marine pilot exam, the board will be reviewing and updating these two WAC as needed for continued psychometric validation, diversity, equ

Subject of Possible Rule Making: Amending WAC 388-880-005 Special commitment of sexually violent predators — Legal basis, 388-880-007 Purpose, 388-880-020 Authorization for indefinite commitment to the sexual predator program, 388-880-030 Sexual predator program supplemental and post commitment evaluations, 388-880-031 Sexual predator program annual evaluation, 388-880-033 Evaluator — Qualifications, 388-880-034 Evaluator — Supplemental and post commitment evaluation responsibilities, 388-880-03

Subject of Possible Rule Making: The department of health (department) is considering rule making to implement legislation to increase the home care aide workforce. Amending WAC 246-980-010, 246-980-025, 246-980-040, 246-980-100, 246-980-110, 246-980-115, and 246-980-140, and possibly creating new rule sections in chapter 246-980 WAC, Home care aide rules. The department is considering amending chapter 246-980 WAC to align with statutory changes and implement E2SHB 1694 (chapter 424, Laws of 202

Subject of Possible Rule Making: The department of health (department) is considering amending chapter 246-08 WAC, Practice and procedure, rules regarding department public records requests. Amendments under consideration are a result of changes in statutes, changes in internal operations, staffing reorganization, and to provide clear, concise, and reasonable rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 42.56 RCW and RCW 43.70.040 . Reasons Why Rules on this Sub

Subject of Possible Rule Making: WAC 308-56A-210 (3)(a) Ownership in doubt, bonded title or three-year registration without title. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.12.635 Disclosure of names and addresses of individual vehicle and vessel owners — Vehicle and vessel information—Address confidentiality program participants, and 46.12.680 Ownership in doubt — Procedure. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amending WAC

Subject of Possible Rule Making: WAC 308-56A-275 Certification of signature and 308-93-470 Certification of signatures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.10.110 [ 46.01.110 ] Rule-making authority and 88.02.320 Department — Powers and duties. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amending WAC 308-56A-275 and 308-93-470 to clarify the certification process and eliminate outdated references to "operator numbers" to simp

Subject of Possible Rule Making: WAC 308-100-005 Definitions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.014.110 [ 46.01.110 ] Rule-making authority. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amending current definitions related to commercial driver's license (CDL) holders to decrease regulatory barriers to obtaining a CDL. This will increase Washington's capacity to train CDL holders, improve agency efficiency, and increase agenc

Subject of Possible Rule Making: Create a new chapter under chapter 308-101 WAC to define business rules, guidelines, and the process for conducting administrative reviews of the petitioner's commercial driver's licenses (CDL) disqualifications based on an adverse decision on the admin per se/implied consent hearing, per RCW 46.20.308 . Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220 Rules for agency procedure — Indexes of opinions and statements. Reasons Why Rules

Subject of Possible Rule Making: Establishing licensing standards for the new behavioral health support specialist (BHSS) profession in Title 246 WAC. The department of health (department) is considering establishing rules for the new BHSS profession created by SSB 5189 (chapter 270, Laws of 2023). The department will consider establishing requirements for application, education, curriculum, experience, continuing education, and fees. In collaboration with partners, the University of Washington,

Subject of Possible Rule Making: WAC 182-501-0200 Third-party resources; 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 intends to develop rules to align with Sec. 1902 (a)(25)(I) of the Consolidated Appropriations Act of 2022 (CAA, 2022; P.L. 117-103). The rules will bar liable third-party payers from refusing to pay for a se

Subject of Possible Rule Making: WAC 110-15-0249 Nonstandard hours bonus. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of children, youth, and families is amending this rule to increase the nonstandard hours bonus, per the governor's 2023 budget. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not

Subject of Possible Rule Making: WAC 182-504-0015 Washington apple health — Certification periods for categorically needy programs, 182-504-0035 Washington apple health — Renewals, and 182-505-0210 Eligibility for children; 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 legislature directed the agency to pursue an 1115 medicaid waive

Subject of Possible Rule Making: Chapter 468-550 WAC, Safety oversight of rail fixed guideway system rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 35.21.228 , 35A.21.300 , 36.01.210 , 36.57.120 , 36.57A.170 , 81.104.015 , 81.104.115 , 81.112.180 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule change is to align WAC with the Bipartisan Infrastructure Law amended 49 U.S.C. 5329 to require state safety oversight

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-474-0012 What is a state supplemental payment and who can get it?, 388-478-0055 How much do I get from my state supplemental payments (SSP)?, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050 , 74.04.055 , 74.04.057 , 74.04.500 , 74.04.510 , 74.08.090 , 74.08A.120 , and 74.08A.250 . Reasons Why Rules on this Subject

Subject of Possible Rule Making: New rules to be added under Title 182 WAC; 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 developing rules under ESSB 5187, section 211(83), 68th legislature, 2023 regular session. This legislation directs the agency to implement a program with coverage comparable the categorically needy medic

Subject of Possible Rule Making: This rule making will consider the benefits of allowing conditional payments to be eligible for waivers, expanding the opportunity for certain claimants to apply for waivers, and permanently adopting United States Department of Labor (USDOL) approved blanket waivers. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.20.190 , 50.24.020 , 50.12.010 , and 50.12.040 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:

Subject of Possible Rule Making: WAC 388-823-0600, 388-823-0610, 388-823-1005, 388-823-1010, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.16.040 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to amend these rules to implement HB 1407 (2023) and potentially revise the expirations and reviews process. During the course of this rev

Subject of Possible Rule Making: WAC 388-825-335, 388-825-615, 388-825-620, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.43.837 , 71A.12.030 , and 74.39A.056 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to amend these rules to comply with federal background check requirements and align rules with recent amendments to state law

Subject of Possible Rule Making: Addition of complaint process consistent with ESB [ESHB] 1744. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.710.070 , 28A.710.100 , 28A.710.170 , 28A.710.190 , 28A.710.200 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESB [ESHB] 1744 requires adoption of new rules or revisions to existing rules regarding complaint process implementation. Other Federal and State Agencies that Regulate this Subject and

Subject of Possible Rule Making: WAC 388-845-1105, 388-845-1505, and 388-845-3062, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 and 71A.12.120 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to amend these rules to align with amendments to home and community-based service waivers as approved by the Centers for Medicare and

Subject of Possible Rule Making: Chapter 196-26A WAC, Registered professional engineers and land surveyor fees, and chapter 196-30 WAC, Fees for on-site wastewater treatment system designers and inspectors. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.43.035 , 18.210.050 , 18.210.060 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments describe the type of requested information when applying for initial and renewal applications fo

Subject of Possible Rule Making: Chapter 196-16 WAC, Registered professional land surveyors. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.43.035 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To better define the requirements to become licensed as a professional land surveyor, including language implementing RCW 18.43.110 , and clarify language that is no longer effective or needs to be rewritten. Process for Developing New Rule: Notic

Subject of Possible Rule Making: In 2021, the Washington legislature passed the Climate Commitment Act (CCA), which established a cap-and-invest program to help Washington meet greenhouse gas (GHG) emission limits by 2050. To align with the requirements of the CCA, this rule making will adopt amendments to chapter 173-441 WAC, Reporting of emissions of greenhouse gases, and chapter 173-446 WAC, Climate Commitment Act program rule. The purpose of these updates is to identify and establish complia

Subject of Possible Rule Making: Chapter 196-21 WAC, Land surveyors-in-training. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.43.035 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To better define the requirements needed to take the fundamentals of land surveying exam as well as clarify language that is no longer effective or needs to be rewritten. Process for Developing New Rule: Notice will be made to stakeholders and licensees via t

Subject of Possible Rule Making: WAC 182-503-0535 Washington apple health — Citizenship and immigration status and 182-507-0135 Immigration status requirement for refugee medical assistance (RMA); other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (HCA) is amending WAC 182-503-0535 and 182-507-0135 to update the p

Subject of Possible Rule Making: Elections. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 29A.04.611 and 43.07.120 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Updating the filing fee for proposed measures and implementation of a method of random assignment of initiative numbers assigned to filed proposals. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt the new rule an

Subject of Possible Rule Making: Elections, ballot review. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 29A.04.611 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of the secretary of state intends to update and clarify procedures related to standards for the verification of signatures on ballot declarations. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt the n

Subject of Possible Rule Making: WAC 204-21-120 Cornering lamps. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.37.005 and 46.37.320 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A cornering lamp function provided by the original equipment manufacturer (OEM) is typically a function within the headlamp or using an existing lamp (such as a fog lamp). FMVSS 108 requires headlamps to be mounted not less than 22 inches, nor more than 54 inch

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?, and 388-470-0070 How vehicles are counted toward the resource limit for cash assistance, and other related rules as appropriate. Statutes Authorizing the Agenc

Subject of Possible Rule Making: Chapter 314-55 WAC; the Washington state liquor and cannabis board (board) is considering rule making to implement E2SSB 5367 (chapter 365, Laws of 2023) enacted during the 2023 legislative session concerning the regulation of products containing tetrahydrocannabinol (THC). As part of this rule making, the board is considering creating new, and amending or repealing existing rule throughout chapter 314-55 WAC as necessary to implement E2SSB 5367. Statutes Authori

Subject of Possible Rule Making: The department of ecology (ecology) is developing new chapter 173-55 WAC, Accreditation of cannabis laboratories, to create a cannabis laboratory accreditation program. This new rule will define the cannabis laboratory accreditation program's standards, scope, and fee structure. Our goal is to set accreditation standards for cannabis laboratories to build a robust and sustainable accreditation system. The fee structure will be designed to fund a cost-neutral accr

Subject of Possible Rule Making: WAC 182-550-4400 Services — Exempt from DRG (diagnosis-related group) payment, 182-550-4550 Administrative day rate and swing bed day rate, 182-550-4800 Hospital payment methods — State-administered programs, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 ; 2SSB 5103, 68th legislature, 2023 regular session. Reasons Why Rules on this Subject may be Needed and What They Might Accompl

Subject of Possible Rule Making: WAC 182-550-2750 Hospital discharge planning services, 182-550-2900 Payment limits — Inpatient hospital services, 182-550-3800 Rebasing, 182-550-3830 Adjustments to inpatient rates, 182-550-4500 Payment method — Ratio of costs-to-charges (RCC), 182-550-4700 Payment — Non-SCA participating hospitals, 182-550-5425 Upper payment limit (UPL) payments for inpatient hospital services, 182-550-7200 OPPS — Billing requirements and payment method, 182-550-7550 OPPS paymen

Subject of Possible Rule Making: Retirees returning to work. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 110, Laws of 2022, and chapters 99 and 410, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To make changes and clarifications as necessary and appropriate to implement bills including: HB 1699 permitting individuals retired from the public employees' retirement system, the teachers' retirement system, and the school em

Subject of Possible Rule Making: Independent medical examinations (IME) — Notification process — Accompanying person under chapter 296-23 WAC, Radiology, radiation therapy, nuclear medicine, pathology, hospital, chiropractic, physical therapy, drugless therapeutics and nursing — Drugless therapeutics, etc.; and chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020 , 51.04.030 , and 51.36.070 .

Subject of Possible Rule Making: 2024 Industrial insurance premium rates. Chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance; and chapter 296-17B WAC, Retrospective rating for workers' compensation insurance. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035 , 51.04.020 (1), and 51.18.010 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The depart

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-484-0005 There is a five-year (sixty-month) time limit for TANF, SFA, and GA-S cash assistance and 388-484-0006 TANF/SFA time limit extensions; and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050 , 74.04.055 , 74.04.057 , 74.08.090 , 74.08A.010 , and 74.08A.015 . Reasons Why Rules on this Subject may be Needed and

Subject of Possible Rule Making: Recommendations and requirements for housing, urban growth areas, and the rural element in chapter 365-196 WAC, Procedural criteria for adopting comprehensive plans and development regulations. The department of commerce (commerce) may create a new chapter to address recent housing legislation. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70A.190 ; and E2SHB 1110, section 14. Reasons Why Rules on this Subject may be Needed and What They

Subject of Possible Rule Making: Implementing minority, small, veteran, and women business enterprise compliance on state-funded contracts. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 39.19 RCW; RCW 47.01.101 and 47.28.030 (3). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington state department of transportation (WSDOT) needs to adopt these rules to comply with the rules adopted by the office of minority and women business e

Subject of Possible Rule Making: The department of social and health services (department) is considering amending WAC 388-101-3020 Compliance and adding a new section to chapter 388-101 WAC as necessary to make clear compliance and reporting requirements in the event of an outbreak of a communicable disease or suspected food poisoning, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 and 71A.26.040 . Reasons Why Rules on

Subject of Possible Rule Making: WAC 4-30-056 Form of organization and name. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.04.055 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The intent of this rule change is to establish licensee name use parameters. Process for Developing New Rule: Agency study. 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: Prescription drug label accessibility standards. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-015, 246-945-016, and 246-945-417 to establish prescription label accessibility standards, and is also considering new sections to chapter 246-945 WAC on the subject of prescription drug label accessibility. This rule making is a continuation of discussions with interested parties and rule-making work done under WSR 22-09-065

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-447-0120 How does alcohol or drug dependence affect my eligibility for referral to the housing and essential needs (HEN) program?, 388-449-0220 How does alcohol or drug dependence affect my eligibility for the ABD cash and pregnant women assistance programs?, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.005 , 74

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-310-1600 WorkFirst — Sanctions, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050 , 74.04.055 , 74.04.057 , 74.08.025 , 74.08.090 , 74.09.035 , 74.09.530 , 74.62.030 ; and chapters 74.08A and 74.12 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Planned amendments will support imp

Subject of Possible Rule Making: WAC 182-535A-0040 Orthodontic treatment and orthodontic-related services — Covered, noncovered, and limitations to coverage; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (HCA) is amending this rule to make language less restrictive in subsection (5)(c) from covering a "case stu

Subject of Possible Rule Making: WAC 182-531A-0200 Applied behavior analysis (ABA) — Definitions, 182-531A-0400 Applied behavior analysis (ABA) — Client eligibility, 182-531A-0500 Applied behavior analysis (ABA) — Stage one: COE evaluation and order, 182-531A-0600 Applied behavior analysis (ABA) — Stage two: Functional assessment and treatment plan development, and 182-531A-0800 Applied behavior analysis (ABA) — Provider requirements; other related rules as appropriate. Statutes Authorizing the