Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (agency) is amending WAC 182-550-2750 to correct a typographical error in a WAC reference. The rule references chapter 246-318 WAC; the correct citation is chapter 246-320 WAC. The agency is repealing WAC 182-550-4700 because the hospital selective contracting program to which it applies ended June 30, 2007. The agency is repealing WAC 182-550-5425 because the upper payment limit program to which it applies

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority is amending these rules to update application information and to revise income and resource limits. Citation of Rules Affected by this Order: Amending WAC 182-513-1625, 182-513-1635, and 182-513-1640. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-16-145 on August 2, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0,

Effective Date of Rule: January 1, 2024. Purpose: The purpose of the proposal is to change the permanent rules for the Lake Roosevelt white sturgeon fishery. The anticipated effect of this change is enhanced conservation of the white sturgeon population in Lake Roosevelt; specifically, protection for certain year-classes of high conservation value while allowing for harvest of overrepresented year-classes of hatchery-origin sturgeon and moving to a fall fishing season to take advantage of cooler

Effective Date of Rule: Thirty-one days after filing. Purpose: Creating rules to clarify the new law SSB 5152 from the 2021 legislative session, specifically its data sharing practices. Citation of Rules Affected by this Order: New chapter 308-10A WAC, Data sharing. Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority. Adopted under notice filed as WSR 23-13-119 on June 21, 2023. Changes Other than Editing from Proposed to Adopted Version: After reviewing the written and oral st

Effective Date of Rule: Thirty-one days after filing. Purpose: Currently, WAC 192-140-035 states that if an unemployment insurance claimant does not respond to a request for information, they are denied benefits "for an indefinite period of time" until they respond to the employment security department's (department) request for information. This rule amendment will explain the circumstances under which a claimant may requalify for benefits after previously being denied benefits due to failing t

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule is to adjust the timing of participant selection and the timing for gear in hand requirements to allow fishers sufficient time to secure gear. In addition, this rule will clarify conditions pertaining to the successful fisher applicants. Citation of Rules Affected by this Order: Amending WAC 220-360-520. Statutory Authority for Adoption: RCW 77.04.012 , 77.04.020 , 77.04.130 , 77.12.045 , 77.12.047 , 77.70.16

Effective Date of Rule: Thirty-one days after filing. Purpose: Washington state department of ecology (ecology) developed and codified chapter 173-50 WAC, Accreditation of environmental laboratories, and created the laboratory accreditation unit (LAU) to maximize efficacy of the state, federal, or other relevant regulations. The adopted rule amendments will achieve the following goals: 1. Amend wording in existing sections and add new sections to increase clarity and to incorporate existing best

Effective Date of Rule: Thirty-one days after filing. Purpose: Update and clarify division filing procedures; correct and update RCW references; increase annual report filing fee and expedited service fees. Citation of Rules Affected by this Order: New WAC 434-112-110; repealing WAC 434-112-056, 434-112-057, 434-112-058, 434-112-065 and 434-112-090; and amending WAC 434-112-010, 434-112-028, 434-112-030, 434-112-040, 434-112-045, 434-112-050, 434-112-055, 434-112-060, 434-112-070, 434-112-075, 4

Effective Date of Rule: October 1, 2023. Purpose: Birth doula. ESHB 1881 (chapter 217, Laws of 2022), codified under chapter 18.47 RCW, created birth doulas (doulas) as a new health profession in the state of Washington. The adopted rules establish the profession's education, training, and certification requirements. This is a voluntary credential, meaning that an individual does not need to be credentialed in Washington state to provide doula services; however, the title "state-certified birth

Effective Date of Rule: January 1, 2024. Purpose: Health equity continuing competency training for occupational therapy in WAC 246-847-065. RCW 43.70.613 (3)(b) directed the rule-making authority for each health profession licensed under Title 18 RCW that is subject to continuing competency to adopt rules requiring a licensee to complete health equity continuing competency training at least once every four years. The statute also directed the department of health (department) to create model rul

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington state liquor and cannabis board has adopted amendments to WAC 314-40-040 that allow private clubs to add additional membership drives and host consecutive membership drives. Citation of Rules Affected by this Order: Amending WAC 314-40-040. Statutory Authority for Adoption: RCW 66.08.030 , 66.24.450 . Adopted under notice filed as WSR 23-14-121 on July 5, 2023. A final cost-benefit analysis is available by contacting D

Effective Date of Rule: Thirty-one days after filing. Purpose: These amendments to chapter 388-845 WAC are necessary to implement amendments to the developmental disabilities administration's (DDA) home and community-based services (HCBS) waivers as approved by the federal Centers for Medicare and Medicaid Services (CMS). Major changes to the chapter: Adjust the yearly limits applicable to certain waivers; add assistive technology to multiple waivers; remove the positive behavior support and con

Effective Date of Rule: Thirty-one days after filing. Purpose: These changes to chapter 388-845 WAC are necessary to implement amendments to the developmental disabilities administration's (DDA) home and community-based services waivers as approved by the federal Centers for Medicare and Medicaid Services. Substantive changes remove the prohibition to receive employment services and community inclusion services concurrently and remove "consecutive" to align with RCW 71A.12.290 . These permanent

Effective Date of Rule: October 1, 2023. Purpose: This rule-making order amends WAC 16-390-240 USDA audit verification and terminal market inspection fees, to adopt fees identical to, and not less than, fees adopted by the United States Department of Agriculture, Agricultural Marketing Service (USDA-AMS) as published in the Federal Register (Vol. 88, No. 98) on May 22, 2023, under the "Fresh Fruits, Vegetables, and Other Products (Inspection, Certification, and Standards)" table with an effectiv

Effective Date of Rule: Thirty-one days after filing. Purpose: To make changes to comply with recent legislation to add a new Roth option to the deferred compensation plan and with the federal SECURE Act 2.0. Citation of Rules Affected by this Order: New WAC 415-501-418; and amending WAC 415-02-177, 415-02-178, 415-501-110, 415-501-315, 415-501-400, 415-501-410, 415-501-415, 415-501-416, 415-501-420, 415-501-430, 415-501-435, 415-501-475, 415-501-480, 415-501-485, 415-501-510, and 415-501-600. S

Effective Date of Rule: Thirty-one days after filing. Purpose: The amended rule would increase the maximum wagering limit for house-banked card games from $300 to $400 for a single wager. Citation of Rules Affected by this Order: Amending WAC 230-15-140 Wagering limits for house-banked card games. Statutory Authority for Adoption: RCW 9.46.070 . Adopted under notice filed as WSR 23-09-065 on April 19, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Rep

Effective Date of Rule: Thirty-one days after filing. Purpose: The pharmacy quality assurance commission (commission) is repealing continuing education (CE) requirements established in chapter 246-861 WAC and WAC 246-901-061, as such requirements are also in practice in more current sections of rule, WAC 246-945-178 and 246-945-220. The commission completed a major rules consolidation project in 2020 in which various sections and chapters in Title 246 WAC were either repealed or consolidated int

Effective Date of Rule: November 1, 2023. Purpose: The department is adopting amendments to WAC 388-458-0040 What happens if I ask for an administrative hearing before the change happens?; and creating chapter 388-494 WAC, Diaper related payments; WAC 388-494-0010 What is the diaper related payment? Effective November 1, 2023, these amendments authorize issuance of diaper related payments to TANF and SFA households with a child under three years old, in compliance with SSB 5838 (chapter 100, Law

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of children, youth, and families is amending these rules to provide governance when transferring individuals convicted as adults to the department of corrections. Citation of Rules Affected by this Order: New WAC 110-745-0010; and amending WAC 110-745-0020, 110-745-0030, 110-745-0040, 110-745-0050, and 110-745-0060. Statutory Authority for Adoption: RCW 13.40.280 , 72.01.410 . Adopted under notice filed as WSR 23-15-10

Effective Date of Rule: January 1, 2024. Purpose: The department of ecology (ecology) is adopting amendments to chapter 173-340 WAC, the Model Toxics Control Act (MTCA) cleanup regulations, which governs the investigation and cleanup of sites in Washington state contaminated by the release of hazardous substances. As part of this rule making, ecology is not changing the cleanup standards in Parts 7 and 9 of the chapter. The purpose of the amendments is to: • Strengthen environmental justice prin

Effective Date of Rule: October 1, 2023. Purpose: WAC 446-65-010(1) needs to be amended to bring all the Code of Federal Regulations adopted by reference current to October 1, 2023. Citation of Rules Affected by this Order: Amending WAC 446-65-010. Statutory Authority for Adoption: RCW 46.32.020 and 46.48.170 . Adopted under notice filed as WSR 23-15-040 on July 11, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards:

Effective Date of Rule: Thirty-one days after filing. Purpose: E2SSB 5702 (chapter 236, Laws of 2022) requires the department of health (department) to develop minimum standards to ensure milk bank safety for donor human milk and human milk derived products. Milk banks are organizations that engage in the procurement, processing, storage, distribution, or use of human milk contributed by donors. To ensure the safety of donor human milk and human milk derived products, the department is adopting

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is changing requirements for expedited licensing and timelines for temporary licensing for military spouses. This change aligns with E2SHB 1009, passed during the 2023 legislative session. Citation of Rules Affected by this Order: Amending WAC 308-09-015 Military spouse requesting expedited processing, and 308-09-020 Military spouse licensing — Equivalency to Washington standards and temporary licensing. Statutory Auth

Effective Date of Rule: October 1, 2023. Purpose: This rule-making adoption updates the retrospective rating insurance tables. The adopted changes will maintain equity and fairness in the retrospective rating program. Citation of Rules Affected by this Order: Amending WAC 296-17-901, 296-17B-420, 296-17B-430, 296-17B-560, 296-17B-910, 296-17B-920, 296-17B-930, 296-17B-940, 296-17B-950, 296-17B-960, 296-17B-970, 296-17B-980, and 296-17B-990. Statutory Authority for Adoption: RCW 51.18.005 , 51.16

Effective Date of Rule: August 22, 2023. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: As permitted by RCW 34.05.380 (3)(a), immediate implementation is necessary for uniformity with 2SHB 1534, chapter 213, Laws of 2023. Purpose: This rule making adopts conditions for denying a contractor's application for registration, renewal, or reinstatement under WAC 296-200A-041. 2SHB 1534 establishes new conditions for denial of contractor registr

Effective Date of Rule: October 2, 2023. Purpose: The purpose of this rule making is to adopt new safety codes for elevators and other conveyances under chapter 296-96 WAC. The department of labor and industries' (L&I) elevator program reviewed the existing rules to adopt new safety codes from the 2019 edition of the American Society of Mechanical Engineers (ASME) A17.1/CSA B44 - 2019, Safety Code for Elevators and Escalators, and other related codes. The review process included an opportunity f

Effective Date of Rule: January 1, 2024. Purpose: To enhance the protection of marbled murrelets, a state listed endangered species, by adding clarification to: When a survey is necessary in suitable habitat and the area adjacent to suitable habitat which will be evaluated for environmental impact for probable significant adverse impact on the environment; the definition of marbled murrelet nesting platform and suitable habitat; harvest within the critical habitat; and guidance to landowners pro

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (agency) amended these rules to provide more precise language to define the program parameters and ensure consistency. Specifically, in addition to housekeeping changes, the agency amended: • WAC 182-546-5100 to add a definition for against medical advice (AMA), fix WAC reference in ambulance definition, and remove definitions for extended stay and short stay. • WAC 182-546-5550 to add in a new subsection (1

Effective Date of Rule: Thirty-one days after filing. Purpose: The securities division hereby amends chapter 460-80 WAC to adopt the statement of policy regarding the use of franchise questionnaires and acknowledgments (statement of policy) promulgated by the North American Securities Administrators Association, Inc. (NASAA). On September 18, 2022, NASAA adopted the statement of policy regarding the use of statement of policy. The statement of policy sets uniform standards for the proper use of

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this proposal is to: (i) Increase ferry fares to meet legislative financial requirements; (ii) add an additional one percent discount to the current discount amount offered for multiride fares, effective October 1, 2023, and expiring September 30, 2025; and (iii) adopt changes to the ferry fare fuel surcharge rule to require a review and approval from the commission before any fuel surcharge can be implemented. Citatio

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing education (CE) training for acupuncturists or acupuncture and Eastern medicine practitioners. RCW 43.70.613 (3)(b) directed the rule-making authority or each health profession licensed under Title 18 RCW that is subject to CE to adopt rules requiring a licensee to complete health equity CE training at least once every four years. The statute also directed the department of heath (department) to create model r

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule making amends chapters 16-325 WAC, Seed potato isolation district and 16-482 WAC, Seed potato quarantine. In response to a petition received from the Washington seed potato commission, the department of agriculture (department) is amending the seed potato rules to strengthen protections for the seed potato isolation district (isolation district) located in a portion of Whatcom County. In consideration of the petition, the d

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 246-282-990(4), Sanitary control of shellfish — Fees, annual paralytic shellfish poisoning (PSP) testing fee redistribution. The adopted rule equitably assesses the cost of PSP testing by following the annual redistribution formula, which is based on the number of PSP tests done in the previous year. PSP testing is essential to public health as it is the only means available to determine if dangerous levels of PSP exist in commer

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of health (department) adopts revisions to the Death with Dignity Act requirements in chapter 246-978 WAC that reflect: (1) The amendments made during the 2023 legislative session; and (2) the writing style described in the 2023 Bill Drafting Guide. ESSB 5179 did the following: • In RCW 70.245.010 , made changes to multiple definitions. o "Attending physician" became "attending qualified medical provider." o "Consultin

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is adopting amendments to WAC 388-446-0015 What is an intentional program violation (IPV) and administrative disqualification hearings (ADH) for basic food? These amendments align with federal regulations in 7 C.F.R. 273.16 (e)(3) regarding administrative disqualification hearing notices and actions related to trafficked benefits. Citation of Rules Affected by this Order: Amending WAC 388-446-0015. Statutory Authority

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits? These amendments correct a typographical error within the WAC. Citation of Rules Affected by this Order: Amending WAC 388-450-0185. Statutory Authority for Adoption: RCW 74.04.005 , 74.04.050 , 74.04.055 , 74.04.057 , 74.04.500 , 74.04.510 , 74.08.090 ,

Effective Date of Rule: January 1, 2024. Purpose: The purpose of this rule making is to update the employment security department's (department) rules to reflect the changes implemented by SSB 5176 (2023). SSB 5176 amended RCW 50.04.310 to expand the availability of unemployment benefits to officers of three types of employee-owned cooperative businesses. Citation of Rules Affected by this Order: Amending WAC 192-310-190. Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040 provide gene

Effective Date of Rule: Thirty-one days after filing. Purpose: Amendments update and bring further clarity to provisions based on statute. Citation of Rules Affected by this Order: Amending chapter 430-01 WAC. Statutory Authority for Adoption: Chapter 42.56 RCW, Public Records Act. Adopted under notice filed as WSR 23-11-122 on May 22, 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;

Effective Date of Rule: Thirty-one days after filing. Purpose: Updating language/pronouns to be gender-neutral; deletes fax reference and number. Citation of Rules Affected by this Order: Amending 6 [WAC 292-100-020, 292-110-020, 292-110-060, 292-130-020, 292-130-050, and 292-130-100]. Statutory Authority for Adoption: RCW 42.52.360 . Adopted under notice filed as WSR 23-12-068 on June 5, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Fede

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is removing the requirement for schools to refer students for examination. This change aligns with HB 1017, passed during the 2023 legislative session, which allows cosmetology applicants to register for or take their exam if they are within 100 hours of completing the required coursework. Citation of Rules Affected by this Order: Amending WAC 308-20-090 Student credit for training in a licensed school. Statutory Autho

Effective Date of Rule: Thirty-one days after filing. Purpose: SHB 1068 was adopted into law by the legislature effective July 23, 2023, requiring current rules be updated to align with changes made to RCW 51.36.070 . The new statue (chapter 166, Laws of 2023) gives workers the right to record the audio, video, or both, of all independent medical examinations ordered under this statute, RCW 51.32.110 , by the department and by the board of industrial insurance appeals. The repealed rule states v

Effective Date of Rule: Thirty-one days after filing. Purpose: To provide clarification regarding reimbursement of medical premiums for law enforcement officers and firefighters' Plan 2 members who are catastrophically disabled in the line of duty. Citation of Rules Affected by this Order: New WAC 415-104-4801; and amending WAC 415-104-480. Statutory Authority for Adoption: RCW 41.50.050 . Adopted under notice filed as WSR 23-13-100 on June 20, 2023. Number of Sections Adopted in Order to Comply

Effective Date of Rule: September 7, 2023. Purpose: The World Health Organization ended the global emergency status for COVID-19 on May 5, 2023. The Biden Administration ended the national COVID-19 public health emergency on May 11, 2023. To align Washington state policy with the ending of the national public health emergency, Governor Jay Inslee rescinded Directive 22-13.1 effective May 11, 2023, which directed a requirement that employees of executive and small cabinet state agencies be fully

Effective Date of Rule: Thirty-one days after filing. Purpose: Chapter 246-770 WAC, Fruit and vegetable incentives. The department of health (department) created a new chapter to implement a fruit and vegetable incentives program. The new rules establish the criteria for food retailers, farmers' markets, and farm stands to participate in the fruit and vegetables incentives program, as well as the eligibility criteria for consumers to receive and use fruit and vegetable incentives. Citation of Ru

Effective Date of Rule: Thirty-one days after filing. Purpose: Health equity continuing competency training for denturists. RCW 43.70.613 (3)(b) directed the rule-making authority for each health profession licensed under Title 18 RCW that is subject to continuing education (CE) to adopt rules requiring a licensee to complete health equity CE training at least once every four years. The statute also directed the department of health (department) to create model rules establishing the minimum sta

Effective Date of Rule: Thirty-one days after filing. Purpose: Provides prescribing requirement exemptions in specific circumstances. WAC 246-853-661 Exclusions, the board of osteopathic medicine and surgery is adopting amendments to expand the types of patients who are exempt from opioid prescribing rules. The adopted language aligns with the Washington medical commission's recently adopted rules to ensure consistency and alignment with best practices. Citation of Rules Affected by this Order:

Effective Date of Rule: Thirty-one days after filing. Purpose: Amending chapter 136-03 WAC to make changes to the public records process of the agency. Citation of Rules Affected by this Order: New WAC 136-03-045, 136-03-081 and 136-03-115; repealing WAC 136-03-060, 136-03-070, 136-03-080, 136-03-100 and 136-03-110; and amending WAC 136-03-010, 136-03-020, 136-03-030, 136-03-040, 136-03-060, and 136-03-090. Statutory Authority for Adoption: RCW 36.78.070 . Other Authority: RCW 42.56.040 . Adopte