Preproposals

Subject of Possible Rule Making: Chapter 182-135 WAC, Recovery residence revolving loan; 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) plans to amend this chapter to include rules regarding eligible providers and recovery residence referrals. During the course of this review, HCA may identify additional r

Subject of Possible Rule Making: WAC 388-71-0876 When must a long-term care worker who was working or hired during the COVID-19 public health emergency complete training, including required specialty training?, 388-71-0992 When must continuing education be completed when public health emergency waivers are lifted, and what continuing education credit is granted to long-term care workers employed during the pandemic?, 388-112A-0081 When must long-term care workers who were working or hired during

Subject of Possible Rule Making: Amending WAC 332-120-060 and 332-120-070 to revise the project completion and perpetuation process. Providing an improved method of recordkeeping and documentation of land survey monument perpetuations. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 58.24.030 (2) and 58.24.040 (8). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current WAC 332-120-060 project completion process needs clarification of how a

Subject of Possible Rule Making: The employment security department (department) is engaging in rule making to amend current rules in accordance with the department's 2022 report on transportation network companies and to integrate transportation network companies and their drivers into the unemployment insurance system as set forth in SHB 1570 (2023). This rule making will cover unemployment insurance only and will not cover paid family and medical leave. Statutes Authorizing the Agency to Adop

Subject of Possible Rule Making: WAC 4-30-062 Applying to take the CPA examination. 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 extend the time period (testing window) in which all sections of the CPA examination must be passed. Process for Developing New Rule: Agency study. Interested parties can participate in the decision to adopt the new rul

Subject of Possible Rule Making: The state board of education is reviewing chapter 180-51 WAC, High school graduation requirements, to implement recently passed legislation, correct references to law, and improve readability of the rule. Specific legislation passed in 2023 that requires rule making concerns graduation pathways (HB 1308) and the high school and beyond planning (E2SSB 5243). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.230.090 ; E2SSB 5243, Section 3; HB

Subject of Possible Rule Making: Chapter 196-33 WAC, Rules of professional practice for licensees designing on-site wastewater treatment systems. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.210.050 and 18.210.060 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To amend language regarding the use of the stamp/seal by an on-site designer, and to amend the section regarding direct supervision, so it is easier for the licensees to understa

Subject of Possible Rule Making: The department of children, youth, and families (DCYF) is updating administrative rules governing the transfer of individuals to the department of corrections, chapter 110-745 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 13.40.280 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rules need updated terminology to implement more precise language. Other Federal and State Agencies that Regulate

Subject of Possible Rule Making: Nonhighway use of airspace on state highways; consideration for occupancy by a regional transit authority. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.01.101 (5) and 47.12.120 are statutes that allow the Washington state department of transportation (WSDOT) to adjust WAC 468-30-110. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule will bring Washington state into line with several other states th

Subject of Possible Rule Making: Chapter 137-78 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 72.01.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to the definition of assault. To bring clarity to the issue of instances where a staff injury may result from an incarcerated individual resisting during a use of force but would not be intentional and therefore not meet the new definition of assault. Other Federal and State Age

Subject of Possible Rule Making: Chapter 196-09 WAC, Board practices and procedures. The board of registration for professional engineers and land surveyors (board) is considering amendments to the complaint processing approach. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.43.035 , 18.210.050 , and 18.210.060 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To provide language regarding the process for reconsideration of complaint or inv

Subject of Possible Rule Making: The department of health (department) is considering amendments to chapter 246-296 WAC, Drinking water state revolving fund (DWSRF) loan program, to implement the requirements of the federal Bipartisan Infrastructure Law (BIL). The department has adopted two emergency rules, WSR 23-05-069, February 13, 2023, and WSR 23-06-064, February 28, 2023, to implement requirements under BIL for the current loan cycle. The department is considering permanent rule amendments

Subject of Possible Rule Making: The university is updating the rules regarding public records, chapter 504-45 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 the university's public records rules. Process for Developing New Rule: Reviewed internally at many levels before proposal. Interested parties can participate in the decis

Subject of Possible Rule Making: Coastal and Puget Sound shellfish fisheries. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.013 , 77.04.055 , 77.12.045 , 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: New rules and rule amendments are needed to enhance fishery monitoring and clarify existing rules. These new measures accomplish conservation objectives, advance achieving orderly fisheries, and improve the enforce

Subject of Possible Rule Making: The department of health (department) is considering amendments to chapter 246-296 WAC, Drinking water state revolving fund (DWSRF) loan program, to implement the requirements of the federal Bipartisan Infrastructure Law (BIL). The department has adopted two emergency rules, WSR 23-05-069, February 13, 2023, and WSR 23-06-064, February 28, 2023, to implement requirements under BIL for the current loan cycle. The department is considering permanent rule amendments

Subject of Possible Rule Making: Osteopathic physicians and surgeons health equity continuing education (CE). The board of osteopathic medicine and surgery (board) is considering amending chapter 246-853 WAC to adopt the health equity CE model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613 . The board will also consider whether additional CE hours and course topics should be included. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.57.005 , 18.130.0

Subject of Possible Rule Making: The department of social and health services (department) is planning to amend WAC 388-408-0035 Who is in my assistance unit for basic food?, 388-450-0140 How does the income of an ineligible assistance unit member affect my eligibility and benefits for basic food?, 388-489-0005 Who is eligible for transitional food assistance?, 388-489-0010 How is my transitional food assistance benefit calculated?, and other related rules as required. Statutes Authorizing the A

Subject of Possible Rule Making: Chapters 137-25 and 137-28 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 72.01.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of making changes to this section is to ensure WAC complies with department policy. Also, to better align WAC violations with current practices, procedures, terminology, and technology. Other Federal and State Agencies that Regulate this Subject and the Process C

Subject of Possible Rule Making: WAC 388-71-0836 What definitions apply to the long-term care worker training requirements? and 388-112A-0010 What definitions apply to this chapter? The department of social and health services (department) is planning on adding a new definition to these chapters and amending other related rules as required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.230 , 74.08.090 , 74.39A.009 , and 74.39A.070 . Reasons Why Rules on this Subject

Subject of Possible Rule Making: WAC 182-500-0075 Medical assistance definitions — N, 182-500-0085 Medical assistance definitions — P, 182-502-0005 Core provider agreement (CPA), 182-502-0030 Termination of provider agreement — For cause, 182-502-0270 Review of agency's provider dispute decision; chapter 182-530 WAC, Prescription drugs (outpatient); WAC 182-531-0250 Who can provide and bill for physician-related and health care professional services; and other related rules as appropriate. Statu

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-400-0005 Who is eligible for temporary assistance for needy families? and other rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.12.400 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Planned amendments will remove WorkFirst orientation as a condition of temporary assistance for needy families eligibili

Subject of Possible Rule Making: Updating Title 139 WAC due to state legislative changes to chapter 43.101 RCW to include limited authority officers, who have the powers of arrest and carry a firearm, under the requirements of peace officers in chapter 43.101 RCW. The impacted sections possibly include WAC 139-01-310, 139-25-110, and 139-33-015; chapters 139-03, 139-05, 139-06, 139-07, 139-11 WAC, and any other section deemed necessary. Statutes Authorizing the Agency to Adopt Rules on this Subj

Subject of Possible Rule Making: WAC 182-500-0030 Definitions — E, Administration of medical programs — Providers, specifically, 182-502-0002 Eligible provider types, 182-502-0016 Continuing requirements, 182-502-0020 Health care record requirements, 182-502-0100 General conditions of payment, Alternatives to hospital services; chapter 182-551 WAC, Subchapter II — Home health services, managed care; chapter 182-538 WAC; and other related rules as appropriate. Statutes Authorizing the Agency to A

Subject of Possible Rule Making: The department is planning to amend WAC 388-412-0040 Can I get my benefits replaced?, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.500 , 74.04.510 , and 74.08A.120 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Planned amendments will authorize replacement of skimmed or stolen Supplemental Nutrition Assistance Program benefits, pending final approval of our 202

Subject of Possible Rule Making: Pharmacy wholesaler reporting of suspicious orders and zero reports. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-585 Wholesaler — Suspicious orders and due diligence, and creating a new section of rule in chapter 246-945 WAC to clarify expectations for wholesalers submitting suspicious order and zero order reports to the commission. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.64.005 , 18.64

Subject of Possible Rule Making: Medical insurance premium reimbursement, law enforcement officers' and firefighters' (LEOFF) Plan 2 members. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.26.470 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To provide clarification regarding reimbursement of medical premiums for LEOFF Plan 2 members who are catastrophically disabled in the line of duty. Process for Developing New Rule: Agency study. In

Subject of Possible Rule Making: The gambling commission (commission) is considering development of a rule (or rules) related to the requirements for problem gambling signage and other materials per RCW 9.46.071 . 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: The commission is interested in exploring more explicit requirements related to the problem gambling signage and other material

Subject of Possible Rule Making: Adding a Roth option to the department of retirement system's (department) deferred compensation plan (DCP) and implementing Section 603 of the SECURE Act 2.0. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.770 (5), as enacted by the 2022 legislation and Section 603 of the SECURE Act 2.0. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In accordance with EHB 1752 from the 2022 legislative session, the dep

Subject of Possible Rule Making: The department is considering amending WAC 388-76-10315 Resident record — Required. The intent is to help the regulated community comply with the rule by providing clear language about long-term care ombuds access to resident records. The department may amend other related rules as appropriate. 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: This rule

Subject of Possible Rule Making: The department is considering amendments and/or additions to chapter 332-30 WAC regarding the use of state-owned aquatic lands for commercial finfish net pen aquaculture. Statutes Authorizing the Agency to Adopt Rules on this Subject: The management philosophy the department follows regarding state-owned aquatic lands is described generally in RCW 79.105.010 where the legislative intent of the Aquatic Lands Act is outlined. In RCW 79.105.030 , specific management

Subject of Possible Rule Making: The department of ecology (ecology) is initiating a rule making to create new chapter 173-187 WAC, Financial responsibility. Additionally, existing chapter 317-50 WAC, Financial responsibility for small tank barges and oil spill response barges, will be incorporated into the new rule and then repealed. This rule making will implement updates to chapter 88.40 RCW as required under E2SHB 1691 and will incorporate the requirements of existing chapter 317-50 WAC, whi

Subject of Possible Rule Making: Chapter 196-29 WAC, Professional practices. 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: Amendments to chapter 196-29 WAC are necessary to amend and clarify the application of the practice standards. Minor housekeeping amendments are also necessary. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with

Subject of Possible Rule Making: WAC 392-410-350 Seal of biliteracy. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.300.575 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of superintendent of public instruction (OSPI) is considering rule making concerning the seal of biliteracy (the seal) to establish multiple levels of the seal. Currently, the proficiency level to earn the seal is American Council on the Teaching of Foreign

Subject of Possible Rule Making: State parks staff will review WAC 352-32-253. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 79A.05.065 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 352-32-253 proposal will bring the current rules in line with RCW 79A.05.065 . This will clearly communicate that all program participants need to have been issued and provide a foster family pass to receive discounted day-use parking and overnight camping

Subject of Possible Rule Making: WAC 182-521-0200 Coverage after the public health emergency (PHE) ends; 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 Federal Consolidated Appropriations Act of 2023 amended Section 6008 of the Families First Coronavirus Response Act to change the end date of medicaid continuous coverage from the end

Subject of Possible Rule Making: Electrical rules — Code adoption. Chapter 296-46B WAC, Electrical safety standards, administration, and installation, excluding WAC 296-46B-945 Qualifying for master, journey level, specialty electrician examinations. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 19.28 RCW, Electricians and electrical installations, including RCW 19.28.031 and 19.28.251 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The

Subject of Possible Rule Making: WAC 182-531-2040 Enhanced reimbursement — Medication assisted treatment for opioid use disorder; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 ; Section 1262 of the Consolidated Appropriations Act of 2023 (omnibus bill). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (HCA) is removing any mention of the DATA 2000 waiver in WAC

Subject of Possible Rule Making: The securities division is soliciting comments on the possible amendment of the rules regarding broker-dealers and salespersons of broker-dealers in chapters 460-20B, 460-21B, and 460-22B WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 21.20.450 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The securities division is considering possible amendments to the broker-dealer rules in chapters 460-20B, 460-21B

Subject of Possible Rule Making: WAC 388-823-1095, 388-823-1096, 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 this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to amend these rules to distinguish more clearly between client rights guaranteed by Washington state statute and federal medicaid requirements for del

Subject of Possible Rule Making: WAC 468-300-010, 468-300-020, 468-300-040, and 468-300-080. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.56.030 , 47.60.315 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As required by law, the transportation commission (commission) will be reviewing the need to adjust ferry fares and policies to meet legal and financial requirements for the 2023-2025 biennium. This rule is also needed to amend WAC 468

Subject of Possible Rule Making: The Washington state liquor and cannabis board (WSLCB) is considering amending WAC 314-40-040, and amending, repealing, or creating other rules in Title 314 WAC, as necessary to allow private clubs licensed under RCW 66.24.450 or 66.24.452 to add additional membership drives and/or host consecutive membership drives. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030 , 66.24.450 . Reasons Why Rules on this Subject may be Needed and What

Subject of Possible Rule Making: The department of social and health services (department) is considering amending the following rules, adding a new section, and amending other sections as needed. The intent is to provide clarity to the resident medication rules, including labeling, documentation, and storage of resident medications, specifically related to the implementation of the Death with Dignity Act: chapter 388-76 WAC, Adult family home minimum licensing requirements; chapter 388-78A WAC,

Subject of Possible Rule Making: WAC 246-808-201 and 246-808-215. The chiropractic quality assurance commission (commission) is considering adopting health equity continuing education (CE) model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613 for chiropractic X-ray technicians. The commission will also be evaluating credentialing requirements for chiropractic X-ray technicians including, but not limited to: The number of hours of training required, the format in which thos

Subject of Possible Rule Making: Chapter 181-82A WAC, Specialty endorsements. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 28A.410 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Board request to possibly change policy on who can propose and offer specialty endorsements. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable. Process for Developing New Ru

Subject of Possible Rule Making: Chapter 246-916 WAC, Athletic trainers. The department of health (department) is considering adopting the health equity continuing education (CE) model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613 . The department will also consider whether additional CE hours and course topics should be included. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.250.020 , 43.70.040 , 43.70.613 , 18.130.040 . Reasons Why Rules on thi

Subject of Possible Rule Making: Voluntary use of personal protective equipment (PPE). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010 , 49.17.040 , 49.17.050 , and 49.17.060 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of labor and industries (L&I) is considering permanent rule making to allow the voluntary use of PPE when workers feel the need to protective themselves from noise, dust, or possible infectious or c

Subject of Possible Rule Making: Chapter 246-916 WAC, Athletic trainers. The department of health (department) is considering creating a new definition rules section for licensed athletic trainers. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.250.020 and 18.250.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department and the athletic training advisory committee are considering the addition of a new definition section to the at