Adoptions

Effective Date of Rule: November 6, 2023. Purpose: The department is adopting new sections in chapter 388-106 WAC describing long-term services and supports (LTSS) presumptive eligibility (PE) and functional eligibility criteria for clients who are discharging from acute care hospitals or diverting from community psychiatric facilities into an in-home setting with home and community-based services. Citation of Rules Affected by this Order: New WAC 388-106-1800, 388-106-1805, 388-106-1810, 388-10

Effective Date of Rule: Thirty-one days after filing. Purpose: Amends RCW 39.19.030 (7) to adopt rules under chapter 34.05 RCW, the Administrative Procedure Act, governing a public works small business certification program. Citation of Rules Affected by this Order: Amending WAC 326-20-087. Statutory Authority for Adoption: SB [2SSB] 5268 amends RCW 39.19.030 (7). Adopted under notice filed as WSR 23-15-020 on July 7, 2023. Date Adopted: October 3, 2023. Julie Bracken Public Records Officer Rule

Effective Date of Rule: Thirty-one days after filing. Purpose: The proposed amendment will change and extend the current program review cycle for educator preparation programs. This will allow programs adequate time to meaningfully improve their programs and incorporate legislative requirements and initiatives. Citation of Rules Affected by this Order: Amending WAC 181-78A-100. Statutory Authority for Adoption: Chapter 28A.410 RCW. Adopted under notice filed as WSR 23-16-020 on September 28 [Jul

Effective Date of Rule: Thirty-one days after filing. Purpose: Repeal of WAC 181-82A-210 regarding who can propose adding a new specialty endorsement and amending WAC 181-82A-212 regarding who can offer a specialty endorsement. The professional educator standards board decided that changes were needed to specialty endorsement policy. Citation of Rules Affected by this Order: Amending WAC 181-82A-212; [and repealing WAC 181-82A-210]. Statutory Authority for Adoption: Chapter 28A.410 RCW. Adopted

Effective Date of Rule: Thirty-one days after filing. Purpose: The developmental disabilities administration (DDA) amended WAC 388-823-1096 to add the federal medicaid requirements for integrated settings under 42 C.F.R. 441.301 (c)(4) directly into DDA's rules. DDA amended WAC 388-823-1095 to clarify that the integrated settings requirements establish rights in addition to those established under chapter 71A.26 RCW. Citation of Rules Affected by this Order: Amending WAC 388-823-1095 and 388-823

Effective Date of Rule: January 1, 2024. Purpose: The health care authority amended this rule to increase the allowable number of periodontal treatments to up to four per 12-month period for apple health eligible clients age 21 and over with a current diagnosis of diabetes. Effective January 1, 2024, periodontal maintenance is allowed once every three months when criteria are met. In subsection (2)(a)(i), the agency removed "subgingival calculus" as it is unnecessary language. Citation of Rules

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency amended these rules to: (1) Remove language referencing a center of excellence (COE) as a facility rather than an individual provider; for the purposes of this chapter, COE means an individual provider. (2) Update the COE definition in WAC 182-531A-0200. (3) Add physician assistants and naturopaths to the list of eligible providers who can diagnose autism spectrum disorder. (4) Add additional clarification and requirement

Effective Date of Rule: Thirty-one days after filing. Purpose: Passage of SSB 5720 (2023) amends RCW 48.18.558 and 48.19.530 to no longer exclude commercial property insurers from providing goods and services intended to reduce the probability of loss as part of an insurance policy. Additionally, SSB 5720 amends RCW 48.18.559 to remove the commissioner's rule-making authority to increase the value of risk mitigation goods and services. The purpose of this rule is to align existing rule language,

Effective Date of Rule: Thirty-one days after filing. Purpose: Nursing assistant rule updates. Creating new chapter 246-841A WAC, Nursing assistants; and repealing chapters 246-841 WAC, Nursing assistants, and 246-842 WAC, Nursing assistants — Nursing homes — Nursing assistants training program. The new chapter represents a collaboration between the board of nursing (board), formerly known as the nursing care quality assurance commission, and the department of health (department) to address nece

Effective Date of Rule: Thirty-one days after filing. Purpose: Chiropractic health equity continuing education. The chiropractic quality assurance commission (commission) is adopting the department of health (department) health equity model rules in amended WAC 246-808-150 to implement ESSB 5229 (chapter 276, Laws of 2021). The adopted rule establishes minimum standards for chiropractors of two hours of health equity continuing education (CE) every four years. The rule as adopted does not change

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of licensing is modifying the existing abandoned RV standardized reimbursement schedule and increasing the current reimbursement rates and caps. Citation of Rules Affected by this Order: Amending WAC 308-61-215 Abandoned recreational vehicle — Rates and caps. At what rates will reimbursements be for? Statutory Authority for Adoption: RCW 46.53.010 Registered tow truck operators, vehicle wreckers, scrap processors, and

Effective Date of Rule: January 1, 2024. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 82.49.040 requires the department of revenue (department) to prepare a depreciation schedule (at minimum annually) for use in the determination of the fair market value for watercrafts, which is the basis for measuring the watercraft excise tax. The annual update to this rule takes effect every January 1. Purpose: RCW 82.49.040 requires the departm

Effective Date of Rule: September 28, 2023. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 34.05.380 (3) allows rules to become effective immediately upon filing when such action is required by statute. RCW 15.86.140 requires the department of agriculture (WSDA) to set and collect fees as necessary to cover costs of provision of services. Current fees do not cover the cost of providing services. In order to ensure that WSDA is collect

Effective Date of Rule: Thirty-one days after filing. Purpose: The division of vocational rehabilitation (DVR) received recent guidance from the rehabilitation services administration (RSA) that clarifies RSA's interpretation of when vocational rehabilitation agencies may provide post-employment services under the Rehabilitation Act. RSA's interpretation is inconsistent with how DVR was providing post-employment services prior to filing emergency rule WSR 23-10-044, which modified how the servic

Effective Date of Rule: November 1, 2023. Purpose: Section 3.11: The agency's practice for many years has been to annually adjust the maximum civil penalty amount as allowed by law. The proposed adjustment to the maximum civil penalty amount accounts for inflation, as authorized by RCW 70A.15.3160 (formerly RCW 70.94.431 ) and as determined by the state office of the economic and revenue forecast council. Without this adjustment, the maximum penalty amount would effectively decrease each year. T

Effective Date of Rule: November 1, 2023. Purpose: These sections currently reference chapter 70.94 RCW, which was recodified as chapter 70A.15 RCW, pursuant to section 2010, chapter 20, Laws of 2020. Regulation I, Section 1.07 also references chapter 70.98 RCW, which was recodified as chapter 70A.388 RCW, pursuant to section 2025, chapter 20, Laws of 2020. These actions by the Washington state legislature did not make any material changes to these sections of the RCW. The agency is updating its

Effective Date of Rule: Thirty-one days after filing. Purpose: New chapter 446-09 WAC, Firearms background check, allows any person who is denied the transfer of a firearm based on the results of a firearms background check the right to appeal that denial and to meet the requirements of the Brady Act. Citation of Rules Affected by this Order: New chapter 446-09 WAC. Statutory Authority for Adoption: RCW 43.43.580 . Adopted under notice filed as WSR 23-17-109 on August 17, 2023. Number of Section

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 204-21-120 Cornering lamps, to be amended to allow the original equipment manufacturer the ability to offer a cornering lamp function within a headlamp or at the same height as a headlamp on higher vehicles that is complaint [compliant] with federal rules and allowable in all other states. Citation of Rules Affected by this Order: Amending WAC 204-21-120. Statutory Authority for Adoption: RCW 46.37.005 and 46.37.320 . Adopted und

Effective Date of Rule: Thirty-one days after filing. Purpose: Health care authority is amending these rules to update terminology, revise rates approved by the legislature, remove outdated information, and make other general policy changes. Citation of Rules Affected by this Order: Amending WAC 182-550-2900, 182-550-3800, 182-550-3830, 182-550-4500, 182-550-7200, 182-550-7550, 182-550-8000, and 182-550-8100. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice file

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending this chapter to include program definitions, as well as rules regarding eligible providers and recovery residence referrals. Citation of Rules Affected by this Order: New WAC 182-135-0110, 182-135-0120 and 182-135-0130; and amending WAC 182-135-0100 and 182-135-0200. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-17-111 on August 17, 2023. Changes Other than E

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending WAC 182-503-0535 and 182-507-0135 to update the parole period for certain Afghan refugees to qualify for refugee medical assistance. This change is required by federal law. Citation of Rules Affected by this Order: Amending WAC 182-503-0535 and 182-507-0135. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Other Authority: Section 1501, Consolidated Appropriations Act, 2023; P.L. 117-328, div. M, T

Effective Date of Rule: Thirty-one days after filing. Purpose: This action updates the effective date of the state and federal regulations that have been adopted by the agency. Citation of Rules Affected by this Order: Amending ORCAA Rules 1.11 and 1.12. Statutory Authority for Adoption: Chapter 70A.15 RCW. Adopted under notice filed as WSR 23-16-034 on July 21, 2023. Date Adopted: September 13, 2023. Jeff C. Johnston, Ph.D Executive Director AMENDATORY SECTION RULE 1.11 FEDERAL REGULATION REFER

Effective Date of Rule: Thirty-one days after filing. Purpose: Risk-limiting audit rule updates. Citation of Rules Affected by this Order: Amending WAC 434-261-114, 434-261-115, and 434-261-116. Statutory Authority for Adoption: RCW 29A.04.611 . Adopted under notice filed as WSR 23-17-126 on August 21, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington state liquor and cannabis board (board) has adopted amendments to WAC 314-24-180 and 314-24-190 to align the language in these two regulations to match the new language in RCW 66.20.010 (18) and 66.24.200 regarding holders of special permits for short-term rental operators obtaining wine directly from wine distributors. Citation of Rules Affected by this Order: Amending WAC 314-24-180 and 314-24-190. Statutory Authorit

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the proposed rule language is to decouple the training stipend from training program job requirements, to implement existing practices into the WAC language, restructure certain sections for clarity and flow, and conduct minor housekeeping in preparation for the upcoming 2024 marine pilot exam and training of the successful applicants. Citation of Rules Affected by this Order: Amending WAC 363-116-078. Statutory Author

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 23-02-057, the 2021 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, with state amendments. The building code council is delaying the effective date of the statewide building codes until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 23-02-057, and was delayed to October 29, 2023, under WSR 23-12

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 23-02-056, the 2021 Washington Wildland-Urban Interface Code. The building code council is delaying the effective date of the statewide building codes until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 23-02-056, and was delayed to October 29, 2023, under WSR 23-12-109. All sections filed within WSR 23-02-056 are delayed with the publication of thi

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 22-13-093, the 2021 International Fire Code, published by the International Code Council, with state amendments. The building code council is delaying the effective date of the statewide building codes until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 22-13-093, and was delayed to October 29, 2023, under WSR 23-12-107. All sections filed within WS

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 23-02-055, the 2021 International Mechanical Code and the 2021 International Fuel Gas Code, published by the International Code Council, with state amendments. The building code council is delaying the effective date of the statewide building codes until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 23-02-055, and was delayed to October 29, 2023, un

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 23-02-058, the 2021 International Residential Code, published by the International Code Council (ICC), with state amendments. The building code council is delaying the effective date of the statewide building codes until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 23-02-058, and was delayed to October 29, 2023, under WSR 23-12-104. All sections fi

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 23-02-073 and 22-13-094, the 2021 International Building Code and the 2021 International Existing Building Code, published by the International Code Council, with state amendments. The building code council is delaying the effective date of the statewide building codes until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 23-02-073 and 22-013-094, and

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 23-02-060 and 23-12-102, the 2021 Washington State Energy Code, Residential Provisions, chapter 51-11R WAC. The building code council is delaying the effective date until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 23-02-060, and was delayed to October 29, 2023, under WSR 23-12-102, to evaluate what, if any, changes are necessary to maintain compl

Effective Date of Rule: March 15, 2024. Purpose: To delay the effective date of the rules adopted under WSR 22-14-091 and 23-12-101, the 2021 Washington State Energy Code, Commercial Provisions, chapter 51-11C WAC. The building code council is delaying the effective date until March 15, 2024. The effective date of this rule was originally July 1, 2023, under WSR 22-14-091, and was delayed to October 29, 2023, under WSR 23-12-101, to evaluate what, if any, changes are necessary to maintain compli

Effective Date of Rule: Thirty-one days after filing. Purpose: The amended rule would include professional major league baseball-affiliated minor league teams and the Western Hockey League in the definition of qualified sports teams, allowing charitable or nonprofit organizations established by, or directly affiliated with, those teams to operate 50/50 electronic raffles. Citation of Rules Affected by this Order: Amending WAC 230-03-138 Defining "qualified sports team." Statutory Authority for A

Effective Date of Rule: Thirty-one days after filing. Purpose: The new and amended rules will allow for the use of a ticket-in ticket-out (TITO) system for table games at house-banked card rooms. In addition to changing the rule related to the process for selling and redeeming chips, rule amendments are necessary to expand the definition of "gambling equipment," define the various components of the system, establish requirements for those components, and update processes for accounting for table

Effective Date of Rule: Thirty-one days after filing. Purpose: The amended rule would eliminate the restriction on nonprofits and bona fide charitable organizations to have their head office or principal location in the same county were they operate bingo. The amendment brings the rule in line with the recently amended RCW 9.46.0205 . Citation of Rules Affected by this Order: Amending WAC 230-10-460 Shared bingo facilities. Statutory Authority for Adoption: RCW 9.46.070 . Adopted under notice fi

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is adopting chapter 388-439 WAC, Pandemic EBT (P-EBT) program, to include WAC 388-439-0005 What is the pandemic EBT program?, 388-439-0015 General information about pandemic EBT benefits, 388-439-0020 Eligibility of pandemic EBT benefits for children under age six, and 388-439-0025 Eligibility of pandemic EBT benefits during the 2023 summer period. Adoption of these rules supports implementation and extension of the P-

Effective Date of Rule: Thirty-one days after filing. Purpose: The legislature provided funding for wage equity for certain nursing facility providers and directed the department of social and health services to make a rule verifying spending and recouping unspent funds. Citation of Rules Affected by this Order: New WAC 388-96-918. Statutory Authority for Adoption: RCW 74.46.800 ; biennial budget 2021-2023, ESSB 5693 (204)(53). Adopted under notice filed as WSR 22-13-097 [23-15-114] on July 14,

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of licensing is updating WAC to align with current statute per SSB 5261 passed during the 2023 legislative session, which changes renewal dates for cemetery certificates, prearrangement sales licenses, funeral directors, embalmers, and reduction facility operators. Citation of Rules Affected by this Order: Amending WAC 308-47-090 Operator licensure for those who conduct cremations, alkaline hydrolysis, or natural organ

Effective Date of Rule: November 1, 2023. Purpose: RCW 70.114A.065 directs the department of health (DOH) and the department of labor and industries (L&I) to adopt joint rules for the licensing, operation, and inspection of temporary worker housing (TWH). In April 2020, DOH and L&I received a petition for rule making requesting immediate rule amendments to further protect occupants in TWH and cherry harvest camps. In response to the petition and the Governor's Proclamation 20-25, Stay Home, Stay

Effective Date of Rule: November 1, 2023. Purpose: RCW 70.114A.065 directs the department of health (DOH) and the department of labor and industries (L&I) to adopt joint rules for the licensing, operation, and inspection of temporary worker housing (TWH). In April 2020, DOH and L&I received a petition for rule making requesting immediate rule amendments to further protect occupants in TWH and cherry harvest camps. In response to the petition and the Governor's Proclamation 20-25, Stay Home, Stay

Effective Date of Rule: Thirty-one days after filing. Purpose: The university is updating the rules regarding public records, including availability, processing, exemptions, costs of providing public records, review of denials, and description of the university agency. The proposed amendments modify, clarify, and update the university's public records rules. Citation of Rules Affected by this Order: Amending WAC 504-45-020, 504-45-030, 504-45-040, 504-45-050, 504-45-060, 504-45-070, and 504-45-0

Effective Date of Rule: Thirty-one days after filing. Purpose: The board of osteopathic medicine and surgery and the department of health are removing references to osteopathic physician assistants by adopting changes to WAC 246-853-290, 246-853-300, 246-853-630, 246-853-640, 246-853-662, 246-853-750, and 246-853-990. The adopted amendments will remove obsolete language and align the rules with recent statute changes. Citation of Rules Affected by this Order: Amending WAC 246-853-290, 246-853-30

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 388-414-0001 Do I have to meet all eligibility requirements for basic food? These amendments replace an obsolete link with an updated Health and Human Services Poverty Guideline URL and do not change the effect of the rule. Citation of Rules Affected by this Order: Amending WAC 388-414-0001. Statutory Authority for Adoption: RCW 74.04.050 , 74.04.055 , 74.04.057 , 74.04.500 , 74.04.510 , 74.08.090 , 74.

Effective Date of Rule: Thirty-one days after filing. Purpose: To establish the rules and processes to carry out RCW 43.101.480 to certify, train, or exempt from training medical examiners, coroners, and medicolegal investigators. Citation of Rules Affected by this Order: New WAC 139-27-010, 139-27-020, 139-27-030, 139-27-040, 139-27-050, 139-27-060, 139-27-070, 139-27-100, 139-27-110 and 139-27-120; and amending WAC 139-03-030. Statutory Authority for Adoption: RCW 43.101.080 . Other Authority:

Effective Date of Rule: Thirty-one days after filing. Purpose: The WAC changes are [necessary] to meet the legislative requirements of HB [SHB] 1132 (2023) to certify limited authority peace officers who have the powers of arrest and carry a firearm as part of their duties. This includes hearing processes, processes for certification, and determining training. The WAC changes also included requiring reserve officers to report use of force, suspension, and misconduct. Citation of Rules Affected b

Effective Date of Rule: Thirty-one days after filing. Purpose: The rules add language to clarify, update, and ensure clear policies for responding to public records requests under chapter 42.56 RCW and align policy to comply with new statutes. The amendments repeal redundant language of WAC 388-01-050. Citation of Rules Affected by this Order: Repealing WAC 388-01-050; and amending WAC 388-01-005 (recodified under WAC 388-01-010), 388-01-010 (recodified under WAC 388-01-005), 388-01-020, 388-01-