Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington department of fish and wildlife (WDFW) is proposing rule amendments to implement RCW 77.32.090 , which authorizes WDFW to adopt rules for the issuance of electronic licenses, permits, tags, stamps, and catch record cards. The purpose of the proposal is to amend rules to allow for the use of electronic recreational hunting and fishing licenses through WDFW's authorized mobile application and introduce electronic harvest

Effective Date of Rule: January 1, 2024. Purpose: Health equity continuing education (CE) for substance use disorder professionals under chapter 246-811 WAC, Substance use disorder professionals and substance use disorder professional trainees. The department of health (department) adopts amendments to WAC 246-811-220, 246-811-240, and 246-811-280 and adopts new WAC 246-811-290 to establish health equity CE requirements and implement ESSB 5229 (chapter 276, Laws of 2021), codified as RCW 43.70.6

Effective Date of Rule: January 1, 2024. Purpose: Health equity continuing education (CE) for certified counselors and certified advisers under chapter 246-810 WAC, Counselors. The department of health (department) is adopting amendments to WAC 246-810-027 and 246-810-0298 and creating new WAC 246-810-0299 to establish health equity CE requirements and implement ESSB 5229 (chapter 276, Laws of 2021). ESSB 5229, codified at RCW 43.70.613 , directs the rule-making authority for each health profess

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is creating a definition for the military spouse coordinator. Citation of Rules Affected by this Order: Amending WAC 308-09-010 Definitions, 308-09-025 Converting a military spouse's active license to an inactive license, 308-09-040 Licensee with active licenses who enter the military, and 308-09-045 Maintaining a military status license. Statutory Authority for Adoption: RCW 18.340.020 Expedition of professional licen

Effective Date of Rule: Thirty-one days after filing. Purpose: Amending chapters 136-12, 136-14, and 136-20 WAC to make changes to the standards of good practice. Amending chapters 136-130, 136-161, 136-165, and 136-180 WAC to make changes to the rural arterial program. Amending chapter 136-400 WAC to change outdated program titles. Citation of Rules Affected by this Order: New WAC 136-161-120; and amending WAC 136-12-045, 136-14-060, 136-20-020, 136-20-030, 136-20-040, 136-130-020, 136-161-050,

Effective Date of Rule: Thirty-one days after filing. Purpose: Rules are being modified to reflect the fact that the board meets every Tuesday at 9 a.m.; conform to the board of industrial insurance appeals (BIIA) hearing ground rules (requires parties who file documents in which they represent that service was accomplished electronically to certify that they have an electronic service agreement with the opposing party) with no requirement to file an electronic service agreement with BIIA; make

Effective Date of Rule: March 15, 2024. Purpose: Chapter 51-54A WAC; Amendments to the 2021 International Fire Code to adopt provisions of the 2024 International Fire Code into the 2021 code. Specifically, Chapter 12 Energy Storage Systems and Chapter 80 Referenced Standards. Due to rapidly evolving technologies within the field of energy storage systems, these changes are necessary to address applications that are encountered in the field but not addressed within Chapter 12 of the International

Effective Date of Rule: March 15, 2024. Purpose: Chapter 51-50 WAC; amendments to the 2021 International Building Code (IBC) to adopt R-4 occupancy group and modify code provisions related to licensed care facilities. This adoption will require coordination with chapter 51-54A WAC. The applicable sections in chapter 51-54A WAC will be amended with expedited rule making for consistency with chapter 51-50 WAC. In 1993, the R-4 occupancy designation was replaced with licensed care occupancies in th

Effective Date of Rule: Thirty-one days after filing. Purpose: Make administrative changes as necessary to ensure WAC complies with department policy. The purpose for making changes to this section of the WAC is to remove work release from the applicability. This change allows for the update to chapter 137-56 WAC, which will separate partial and total confinement, include all partial confinement programs, and identify progressive discipline within partial confinement. Citation of Rules Affected

Effective Date of Rule: November 2, 2023 (two business days after filing). Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule implements a part of the federal SECURE Act 2.0 that is already in effect, so the department of retirement systems is using an expedited effectiveness date of two business days after filing as permitted under RCW 34.05.380 (3)(a). Purpose: To implement the requirement from the federal SECURE Act 2.0 that allo

Effective Date of Rule: Thirty-one days after filing; except WAC 220-340-420, which goes into effect January 1, 2024. Purpose: The adoption of the proposed rules will enhance fishery monitoring and clarify existing rules. Overall, these rule amendments will accomplish conservation objectives, advance achieving orderly fisheries, and improve the enforceability of current rules. Electronic Monitoring (WAC 220-340-420 and 220-340-460): Installation and Use of Electronic Monitoring (WAC 220-340-420)

Effective Date of Rule: January 1, 2024. Purpose: This rule making adopts amendments to WAC 296-21-270 Mental health services, by adding master's level therapists (MLTs) to the list of providers for mental health services. The rule making will help address the shortage of mental health providers available to provide appropriate services on accepted mental health conditions. MLTs are qualified licensed independent clinical social workers, licensed marriage and family therapists, and licensed ment

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington state department of ecology (ecology) adopted new chapter 173-925 WAC, Post-consumer recycled content in plastic containers. The new rule implements the requirements in chapter 70A.245 RCW, Recycling, waste, and litter reduction, to establish a post-consumer recycled content (PCRC) program for covered products. Producers of covered products must meet the PCRC requirements as well as annually register, pay agency fees,

Effective Date of Rule: January 1, 2024. Purpose: Health equity continuing education (CE) rules for the athletic trainer profession. The department of health (department) is adopting an amendment to WAC 246-916-060 to implement ESSB 5229 (chapter 276, Laws of 2021), codified as RCW 43.70.613 . The department is adopting the health equity model rules, WAC 246-12-800 through 246-12-830, for the athletic trainer profession to comply with the statute. RCW 43.70.613 (3)(b) directs the rule-making aut

Effective Date of Rule: Thirty-one days after filing. Purpose: Radiation machine facility fees, WAC 246-254-053. The department of health (department) is adopting an increase in fees to cover the costs of operating the radiation machine facility program. The department is also adopting changes to machine categories within the fee schedule to allow the department to better track and manage X-ray machines across Washington. This will allow the department to be more efficient in regulatory and insp

Effective Date of Rule: Thirty-one days after filing. Purpose: General updates to chapter 352-40 WAC, Public records. Citation of Rules Affected by this Order: Amending WAC 352-40-030 When and where can I access state parks' public records? and 352-40-060 Who do I contact to request state parks' public records? Statutory Authority for Adoption: Chapter 79A.05 RCW, Parks and recreation commission. Adopted under notice filed as WSR 19-15-137 [23-16-009] on July 23, 2019 [July 19, 2023]. Number of

Effective Date of Rule: December 1, 2023. Purpose: The proposed amendments to Puget Sound Clean Air Agency (PSCAA) Regulation I, Section 7.09 would remove the requirement that reports submitted electronically also be submitted in paper form for record purposes. The proposal would provide clarity that a report submitted to PSCAA as an attachment to an email message would fulfill the requirements of that section. Citation of Rules Affected by this Order: Amending Regulation I, Section 7.09. Statut

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule making will incorporate changes made by HB 1684 (2023), which amended RCW 50.12.070 and allows, but does not require, federally recognized tribes to report to the employment security department (ESD) standard occupational classifications (SOC codes) and job titles for its employees in its wage reports. Citation of Rules Affected by this Order: Amending WAC 192-310-010 and 192-310-050. Statutory Authority for Adoption: RCW 5

Effective Date of Rule: Thirty-one days after filing. Purpose: Optometrist continuing education (CE) requirements. The board of optometry (board) adopted changes to WAC 246-851-090 and 246-851-125 through 246-851-230 related to CE requirements for licensed optometrists. Adopted amendments include online CE, new definitions, limits on types and categories of CE hours, reference to other required trainings, CE documentation requirements, clarifying self-study requirements, and certain allowances d

Effective Date of Rule: Thirty-one days after filing. Purpose: Substance use monitoring program language updates for optometrists. The board of optometry (board) amended WAC 246-851-440 through 246-851-470 to align with technical changes made by SSB 5496 (chapter 43, Laws of 2022). Changes align the rules with currently accepted language for substance use disorders and related monitoring programs, and include technical clarifications as needed without changing the rule's effect. Citation of Rule

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) for optometrists. The board of optometry (board) adopted WAC 246-851-225, a new section requiring two hours of health equity CE every four years for licensed optometrists. Health equity CE programs must meet the standards created in the department of health (department) model rules in WAC 246-12-800 through 246-12-830. The adopted rule does not add to the total CE hours required to renew the li

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending medical assistance definitions to add a person's resources to the reasonable compatibility processes for eligibility renewals. Citation of Rules Affected by this Order: Amending WAC 182-500-0010, 182-500-0095, and 182-500-0100. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-19-052 on September 14, 2023. Number of Sections Adopted in Order to Comply with Federa

Effective Date of Rule: Thirty-one days after filing. Purpose: Rule making is needed to: (1) Extend the time period (testing window) in which all sections of the certified public accountant examination must be passed from 18 months to 36 months; and (2) eliminate outdated subsections which no longer apply after the implementation of continuous testing. Citation of Rules Affected by this Order: Amending WAC 4-30-062. Statutory Authority for Adoption: RCW 18.04.055 . Adopted under notice filed as

Effective Date of Rule: Thirty-one days after filing. Purpose: Rule making is needed to establish licensee name use parameters. Citation of Rules Affected by this Order: Amending WAC 4-30-056. Statutory Authority for Adoption: RCW 18.04.055 . Adopted under notice filed as WSR 23-16-121 on August 1, 2023. Changes Other than Editing from Proposed to Adopted Version: During the rules hearing, the board made a minor change to add the sentence "Subsection (5) also includes licensees in an inactive st

Effective Date of Rule: Thirty-one days after filing. Purpose: To permanently amend WAC 480-93-240, amended by emergency rule making under WSR 23-15-057, effective July 14, 2023, and the matching provision in WAC 480-75-240 to allow the commission to continue to fund the pipeline safety program through accurate calculation of pipeline safety program fees. Citation of Rules Affected by this Order: WAC 480-93-240 and 480-75-240. Statutory Authority for Adoption: RCW 80.01.040 , 81.01.010 , 81.04.1

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of ecology (ecology) is adopting amendments to chapter 173-360A WAC, Underground storage tank (UST) regulations. The regulations govern the installation, operation, maintenance, and closure of UST systems containing petroleum or other regulated substances. The regulations also govern the detection of, responses to, and financial responsibility for release from those systems. This rule making is limited to the financial

Effective Date of Rule: Thirty-one days after filing. Purpose: Chapter 196-33 WAC was amended to include language regarding the everyday usage of the stamp/seal by on-site designers (WAC 196-33-500) and to make the language regarding direct supervision (WAC 196-33-300) mirror the direct supervision language for professional engineers and land surveyors. Amendments will make it easier for the licensees to understand their responsibilities. Other housekeeping amendments were made. Citation of Rule

Effective Date of Rule: Thirty-one days after filing. Purpose: Changes to chapter 196-12 WAC, Registered professional engineers, are needed to implement changes to RCW 18.43.110 in 2023 and to clarify recently amended language regarding processes and requirements for licensure as a professional engineer in Washington. This rule change will impact all applicants applying for licensure as a professional engineer or structural engineer in Washington, but they will have no additional costs to implem

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 196-09-015 Complaint processing approach, was amended to clarify the complaint process staff and the board member use when reviewing complaint documentation. Language was added regarding complainant requests to reopen closed complaints and/or investigations. Citation of Rules Affected by this Order: Amending WAC 196-09-015. Statutory Authority for Adoption: RCW 18.43.035 . Adopted under notice filed as WSR 23-14-089 on June 30, 2

Effective Date of Rule: Thirty-one days after filing. Purpose: Moving this rule to chapter 308-56A WAC to better align the section's subject with the subject of the rule chapter. Citation of Rules Affected by this Order: New WAC 308-56A-170 Retail sales and use tax exemption criteria for clean alternative fuel vehicles; and repealing WAC 308-04-030 Retail sales and use tax exemption criteria for clean alternative fuel vehicles. Statutory Authority for Adoption: RCW 46.01.110 Rule-making authorit

Effective Date of Rule: Thirty-one days after filing. Purpose: Clarifying standard specialty plate design guidelines by requiring new plate designs to show the jurisdiction at the top of the plate. Citation of Rules Affected by this Order: Amending WAC 308-96A-560 Special license plates — Criteria for creation or continued issuance. Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority and 46.18.200 Department approved plate types. Adopted under notice filed as WSR 23-18-093 on S

Effective Date of Rule: Thirty-one days after filing. Purpose: Bellevue College proposes updates to the current library media center (LMC) policy 3550 and related WAC regarding fines. Changes are proposed to comply with SSHB [2SHB] 2513 (this bill prohibits colleges from withholding a student's official transcript for debt collection), remove and/or update outdated information, and clarify rules. Citation of Rules Affected by this Order: Amending chapter 132H-136 WAC. Statutory Authority for Ado

Effective Date of Rule: Thirty-one days after filing. Purpose: General revisions to update language and locations. Repeal sections that are no longer relevant. Citation of Rules Affected by this Order: Repealing chapters 495B-131, 495B-310 and 495B-132 WAC; and amending chapters 495B-104, 495B-108, 495B-122, 495B-130, 495B-133, 495B-134, and 495B-280 WAC. Statutory Authority for Adoption: Chapters 28B.10 , 34.05 RCW; RCW 28B.50.140 (13); 20 U.S.C. § 1092(f). Other Authority: Chapter 28B.10 RCW.

Effective Date of Rule: October 19, 2023. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The date of effect must be October 19, 2023, to ensure that the college's rules remain in compliance with HB [2SHB] 1751. The rule is currently in effect per an emergency rule filing on June 21, 2023, and set to expire on October 19, 2023. Purpose: To incorporate the requirements from HB [2SHB] 1751, hazing prevention legislation, as codified in RCW 2

Effective Date of Rule: Thirty-one days after filing. Purpose: The commissioner is adopting rules to amend sections of chapter 284-17 WAC following passage of HB 1061. HB 1061 changed the law by eliminating 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 person applied. This rule making will remove language referencing prelicensing education from existing rules to align with statute. For

Effective Date of Rule: Thirty-one days after filing. Purpose: This new rule will give the Washington state department of transportation (WSDOT) the ability to exclude the federal share of economic rent when regional transit authorities lease highway right-of-way for the construction and operation of high capacity transportation systems, subject to the approval of the Federal Highway Administration. The anticipated effect will be improved financial feasibility of transit system expansion program

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) for genetic counselors. The department of health (department) amended WAC 246-825-110 to require two hours of health equity CE every three years. Health equity CE programs must meet or exceed the standards created in the department's model rules in WAC 246-12-800 through 246-12-830. The adopted rule exceeds standards in the department's model rules by requiring the two hours every three years i

Effective Date of Rule: December 1, 2023. Purpose: This rule making adopts amendments to the factory assembled structures (FAS) rules to increase fees by the fiscal growth factor rate of 6.22 percent. The fee increase is the maximum allowed by the state office of financial management for fiscal year 2024. The FAS program's current fee levels are insufficient to cover current expenses. A fee increase is needed to cover the operating expenses of the FAS program, including funding for new technolog

Effective Date of Rule: January 1, 2024. Purpose: The department of labor and industries (L&I) adopted amendments to the elevator rules to correct fees under chapter 296-96 WAC. Adopted amendments to this chapter: Correct the fee effective dates from July 1, 2024, to January 1, 2024; remove obsolete fees; correct the fee amount for inspecting and testing of elevators used for construction; and modify rules for clarity and general housekeeping, such as renumbering, formatting, etc. On October 18,

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) for dispensing opticians. The department of health (department) amended WAC 246-824-075 to require dispensing opticians to complete two hours of health equity CE every four years. Health equity CE programs must meet the standards created in the department's model rules in WAC 246-12-800 through 246-12-830. The adopted rule does not add to the total CE hours required to renew the license. The ad

Effective Date of Rule: January 1, 2024. Purpose: Health equity continuing education (CE) for respiratory care practitioners under chapter 246-928 WAC, Respiratory care practitioners. The department of health (department) adopts amendments to WAC 246-928-442 and the creation of new WAC 246-928-445 to establish health equity CE requirements to implement ESSB 5229 (chapter 276, Laws of 2021). The adopted rule does not change the total CE hours. It requires two hours in health equity CE every two y

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) rules for the physical therapy and physical therapy assistant professions, WAC 246-915-085. The board of physical therapy (board) is adopting an amendment to WAC 246-915-085 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 through 246-12-830, for the physical therapy and physical therapy assist

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority amended this rule to include criteria to allow agency-approved online classes with a one-on-one check-in with the client and qualified childbirth education provider during or after the online classes have been completed by the client. Citation of Rules Affected by this Order: Amending WAC 182-533-0390. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-18-078 o

Effective Date of Rule: January 1, 2024. Purpose: The health care authority is amending this rule to align with Sec. 1902 (a)(25)(I) of the Consolidated Appropriations Act of 2022 (CAA, 2022; P.L. 117-103). The amendments require third parties to respond to certain payment claims and also describe circumstances that prevent responsible third parties from failing to pay claims. Citation of Rules Affected by this Order: WAC 182-501-0200. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160

Effective Date of Rule: January 1, 2024. Purpose: The health care authority (agency) is revising these rules to align with RCW 74.09.520 (13). This statute requires the agency to provide a hospital payment for apple health clients who meet the criteria for discharge from a hospital stay to one of several types of facilities but who cannot be discharged because placement is unavailable. The rules provide for the payment of medically necessary services to be billed by and paid to the hospital sepa

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 182-502-0030: • Removed the term "agreement" from the WAC title and replaced it with "enrollment." • Removed the term "core provider agreement" (CPA) and replaced it with "enrollment" to provide clarity that all providers (not just those with a CPA) are subject to the rules. • Updated the WAC reference in subsection (1)(a)(ii) from WAC 246-934-100 to chapter 246-16 WAC to align with the correct department of health (DOH) definiti

Effective Date of Rule: Thirty-one days after filing. Purpose: Radiation protection, compliance with United States Nuclear Regulatory Commission (NRC) rules. The department of health (department) adopted amendments to revise chapter 246-221 WAC, Radiation protection standards, chapter 246-231 WAC, Packaging and transportation of radioactive material, chapter 246-237 WAC, Radiation protection — Physical protection of category 1 and category 2 quantities of radioactive material, and chapter 246-24