Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule making is to address how to accommodate the worker by providing alternative pathways to having an in-person independent medical exam (IME) performed when a worker cannot access a provider in a reasonably convenient location; and to ensure mutual understanding of when telemedicine may be appropriate for IME. This rule making aligns with changes to RCW 51.36.070 under 2020's ESSB 6440 which states an IME "must

Effective Date of Rule: Thirty-one days after filing. Purpose: The amendment to the rule improves clarity and readability. The existing rule did not state how a party can request, and other persons can refer the party for, a suitable representative accommodation. The amended rule clarifies which records are confidential under the Public Records Act. Other changes improve procedural transparency. The office of administrative hearings (OAH) removed the reporting requirements that expired December

Effective Date of Rule: Thirty-one days after filing. Purpose: 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 date of the public health emergency to March 31, 2023. The agency filed an emergency rule (WSR 23-08-051) effective April 1, 2023, so that WAC 182-521-0200 conforms to federal law. This rule makes those changes permanent. The rule also includes expr

Effective Date of Rule: Thirty-one days after filing. Purpose: In alignment with SHB 1658 (2023), the new and amended rules provide for consistent implementation of elective high school credit for paid work experience. The new and amended sections clarify definitions and provide for consistent application of funding calculations and reporting requirements. The rules are intended to ensure that local education agencies increase access to credit for paid work experiences in an equitable way, honor

Effective Date of Rule: Thirty-one days after filing. Purpose: Amending WAC 388-106-0010 What definitions apply to this chapter? and 388-106-0130 How does the department determine the number of hours I may receive for in-home care? Most changes are a result of the department's efforts to modernize the comprehensive assessment and reporting evaluation (CARE) assessment tool. The amendments are consistent with updates made to the CARE tool. The changes were intended to be a part of WSR 20-23-124 a

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (HCA) is amending this rule to explain how HCA updates the state-only composite rate, correct or remove outdated information, and clarify language throughout. Citation of Rules Affected by this Order: Amending WAC 182-531-1850. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-13-083 on June 15, 2023. Number of Sections Adopted in Order to Comply with Federal

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority is removing any mention of the DATA 2000 waiver in WAC 182-531-2040. Citation of Rules Affected by this Order: Amending WAC 182-531-2040. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-13-103 on June 20, 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, Repea

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends chapter 16-157 WAC, Organic food standards and certification, by adopting the current, March 30, 2022, version of the United States Department of Agriculture (USDA) organic regulations (7 C.F.R. Part 205). The department adopts these national standards for organically produced agricultural products in order to remain uniform with the National Organic Program. These standards assure consumers that product

Effective Date of Rule: Thirty-one days after filing. Purpose: Update WAC 308-56A-460 to update the current market value threshold amount to $11,780; update WAC 308-94A-035 to replace temporary permit references to temporary license plates per HB 1790. Citation of Rules Affected by this Order: Amending WAC 308-56A-460 Destroyed or wrecked vehicle — Reporting — Rebuilt, and 308-94A-035 Delivery of off-road on dealer temporary permit. Statutory Authority for Adoption: RCW 46.01.110 Rule-making aut

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is removing the requirement for applicants to complete training before taking the license examination in accordance with HB 1017, passed during the 2023 legislative session, which allows 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 2 [WAC 308-20-080 and 308-20-105]. Statutory Authority for Adoption: R

Effective Date of Rule: Thirty-one days after filing. Purpose: This WAC needs to be updated in accordance with state law that prohibits withholding official transcripts to collect debt. Citation of Rules Affected by this Order: Amending chapter 132A-122 WAC. Statutory Authority for Adoption: HB [2SHB] 2513 (2020); RCW 28B.10.293 . Adopted under notice filed as WSR 23-11-066 on May 15, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal

Effective Date of Rule: Thirty-one days after filing. Purpose: Change the name of the out-of-endorsement waiver to special education preendorsement authorization and shortening validity period from five years to three years, effective September 1, 2023. Update WAC language to more closely align with federal guidance regarding special education qualifications. Citation of Rules Affected by this Order: Amending WAC 181-82-110. Statutory Authority for Adoption: Chapter 28A.410 RCW. Adopted under no

Effective Date of Rule: Thirty-one days after filing. Purpose: Rule making is needed to: (1) Provide guidance for resignations, vacancies, and removal of board officers; and (2) rename the rule. Citation of Rules Affected by this Order: Amending WAC 4-30-022. Statutory Authority for Adoption: RCW 18.04.055 . Adopted under notice filed as WSR 23-11-005 on May 4, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New

Effective Date of Rule: Thirty-one days after filing. Purpose: The dental quality assurance commission (commission) is adopting amendments to update rules regarding health profession monitoring programs in line with the passage of SSB 5496. SSB 5496 updated terminology, definitions, and references for dentists in RCW 18.32.534 and clarified confidentiality protections in RCW 18.131.070 for health professional monitoring programs. The adopted rules in WAC 246-817-801, 236-817-810 [246-817-810], 2

Effective Date of Rule: August 1, 2024. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Restrictions imposed by the 2009 legislature on the implementation of new or amended school facility rules are retained in the 2023-2025 supplemental state operating budget, prohibiting implementation of the rules through June 2024. Purpose: This filing delays the effective date of new sections of chapter 246-366 WAC, Primary and secondary schools, and

Effective Date of Rule: Thirty-one days after filing. Purpose: Medical assistants (MA) updated credentialing and licensure requirements in WAC 246-827-0010, 246-827-0110, 246-827-0120, 246-827-0140, 246-827-0200, 246-827-0300, 246-827-0400, and 246-827-0610. The department of health (department) is adopting revisions to MA rules to remove outdated language, remove English language requirements, and update credentialing requirements. Outdated language includes removing language concerning the obs

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 458-20-300 to fix an incorrect URL in subsection (2)(e). Citation of Rules Affected by this Order: New WAC 458-20-300 Capital gains excise tax — Overview and administration. Statutory Authority for Adoption: RCW 82.01.060 , 82.32.300 . Adopted under notice filed as WSR 23-09-025 on April 11, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal R

Effective Date of Rule: Thirty-one days after filing. Purpose: To clarify language regarding the benefit options available to law enforcement officers' and firefighters' Plan 2 retirees and members who return to work in department of retirement systems-covered positions. Citation of Rules Affected by this Order: New WAC 415-104-109. Statutory Authority for Adoption: RCW 41.50.050 . Adopted under notice filed as WSR 23-11-151 on May 24, 2023. Number of Sections Adopted in Order to Comply with Fed

Effective Date of Rule: Thirty-one days after filing. Purpose: Update current rules to align with statute resulting from HB 1790, passed in 2022, that provides clarity on the requirements and procedures for issuing temporary license plates. Citation of Rules Affected by this Order: Amending WAC 308-56A-410 No application required, 308-56A-420 Delivery of vehicle on dealer temporary permit, and 308-56A-425 Obtaining dealer temporary permits. Statutory Authority for Adoption: RCW 46.01.110 Rule-ma

Effective Date of Rule: Thirty-one days after filing. Purpose: This amendment enables the department of children, youth, and families to take enforcement action in the event a licensee doesn't ensure lifesaving medication is available in emergencies. This rule is intended to save lives. In July 2022, an identical rule was updated in the licensing requirements for child foster homes (WAC 110-148-1565). Due to the rising number of cases of opioid overdoses in our state, including affected foster c

Effective Date of Rule: Thirty-one days after filing. Purpose: This new chapter 388-112B WAC for behavioral health workers, facility based workers, geriatric behavioral health worker training and curriculum requirements sets competencies and standards to be used by nursing home facilities. The new WAC chapter creates the curriculum required by RCW 74.39A.078 and set rules for approval of the curriculum by the department. HB 1548 was codified as RCW 74.39A.078 . This law requires the department o

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the rule is to repeal chapter 173-442 WAC, Clean air rule (CAR). The rule is no longer necessary because its functions have been preempted and replaced by chapter 173-446 WAC, Climate Commitment Act (RCW 70A.65.200 (9)(c)). CAR was a previous effort to address climate change. On August 13, 2015, Governor Inslee directed the department of ecology (ecology) to "develop and adopt a rule to place a binding cap on carbon po

Effective Date of Rule: Thirty-one days after filing. Purpose: Update WAC 352-32-253 to reflect requirement of state parks-issued pass for use of program, effective June 2024. Citation of Rules Affected by this Order: Amending WAC 352-32-253. Statutory Authority for Adoption: RCW 79A.05.065 . Adopted under notice filed as WSR 23-12-040 on May 30, 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, R

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of social and health services amended WAC 388-106-1900 What definitions apply to medicaid alternative care (MAC) and tailored support for older adults (TSOA) services? and 388-106-1915 What services may I receive in MAC and TSOA? The rules clarify definition language, add additional services which are included in the 1115 medicaid transformation waiver renewal, as well as adding clarifying and updating language. Citati

Rule making to update motor carrier safety rules in chapter 480-14 WAC, Motor carriers; chapter 480-15 WAC, Household goods companies; chapter 480-30 WAC, Passenger transportation companies; chapter 480-31 WAC, Private, nonprofit transportation providers; and chapter 480-70 WAC, Solid waste companies. 1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 23-07-027, filed with the code reviser on March 6, 2023. T

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule making will update the cross-reference in WAC 192-300-170 (2)(b) from a repealed statute to the current statute. Citation of Rules Affected by this Order: Amending WAC 192-300-170. Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040 . Adopted under notice filed as WSR 23-10-007 on April 24, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Stan

Effective Date of Rule: Thirty-one days after filing. Purpose: Permanent adoption of citation updates in WAC to recodified federal and state law and state administrative code citations. Citation of Rules Affected by this Order: Amending WAC 434-215-180, 434-219-120, 434-230-100, 434-261-125, 434-263-005, 434-263-010, 434-324-031, 434-335-280, 434-324-045, 434-324-108, and 434-250-350. Statutory Authority for Adoption: RCW 29A.04.611 . Adopted under notice filed as WSR 23-11-153 on May 24, 2023.

Effective Date of Rule: Thirty-one days after filing. Purpose: For purposes of unemployment insurance, benefit weeks run from Sunday to Saturday. However, a public health emergency declaration may begin or end in the middle of a benefit week. This rule making will clarify how a declaration of a public health emergency that begins or ends during the middle of a benefit week impacts a claimant's eligibility for benefits and an employer's ability to get relief of benefit charges in certain situatio

Effective Date of Rule: Thirty-one days after filing. Purpose: Allowing flexibility in establishing the time and location will assist in ensuring trustees can be fully engaged in college governance. The fixed timing of the current rule has created challenges for the board in obtaining a quorum due to board members being unavailable at the established time. As well, the fixed location limits the college governing body from meeting at other campus locations. When the rule was written there was onl

Effective Date of Rule: July 5, 2023. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The adopted amendments implement relevant sections of SSB 5448 (chapter 279, Laws of 2023) that became effective July 1, 2023, regarding liquor licensee privileges for the delivery of alcohol. Purpose: The Washington state liquor and cannabis board (board) has adopted rule amendments to implement the statutory mandates of SSB 5448 (chapter 279, Laws of 20

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of agriculture (department) is amending chapter 16-610 WAC, Livestock identification, to align with recently enacted legislation. In April 2023, the Washington state legislature passed SSB 5439 (chapter 46, Laws of 2023). The department is amending chapter 16-610 WAC to align with this recently enacted legislation by adding a statement that the $20.00 call out fee is not charged by certified veterinarians and field liv

Effective Date of Rule: September 1, 2023. Purpose: The agency is creating new WAC 182-513-1110 to create presumptive eligibility for long-term services and supports authorized by home and community services in home and alternate living facilities. Citation of Rules Affected by this Order: New WAC 182-513-1110. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-01-087 on December 16, 2022. Number of Sections Adopted in Order to Comply with Federal

Effective Date of Rule: Thirty-one days after filing. Purpose: The nursing care quality assurance commission (commission) is adopting amendments to WAC 246-840-463 and 246-840-4659 to clarify the application of the advanced practice pain management rules in nursing homes and long-term acute care hospitals (LTACs). Amendments to WAC 246-840-463 and 246-840-4659 create permanent rules from an interpretive statement titled NCIS-2.00 Application of WAC 246-840-4659 to Nursing Homes and Long-Term Acu

Effective Date of Rule: Thirty-one days after filing. Purpose: Chapter 173-224 WAC, Water quality permit fees; the purpose of this chapter is to establish a permit fee system for state waste discharge and National Pollutant Discharge Elimination System (NPDES) permits issued by ecology pursuant to RCW 90.48.160 , 90.48.162 , or 90.48.260 . Chapter 173-224 WAC implements RCW 90.48.465 that requires ecology to establish, by rule, annual fees to recover the cost of administering the wastewater and

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending WAC 182-509-0320 and 182-512-0860 to include the working families' tax credit under RCW 82.08.0206 as income that the agency excludes when determining eligibility for modified adjusted gross income (MAGI)-based Washington apple health and Washington apple health SSI-related medical programs. Citation of Rules Affected by this Order: Amending WAC 182-509-0320 and 182-512-0860. Statutory Authority for Adoption: R

Effective Date of Rule: August 1, 2023. Purpose: The health care authority (HCA) is amending WAC 182-501-0135 to: (a) Add clarity between fee-for-service clients and managed care organization enrollees being reviewed for or placed on the patient review and coordination (PRC) program; (b) state that HCA may determine on a case-by-case basis that a client may obtain certain prescription items at any pharmacy; and (c) add that HCA may remove a client from PRC placement if the client has successfull

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency amended this rule to remove the website link referencing where the qualified medicare beneficiary (QMB) resource standards for an individual and a couple are listed. Under recent legislation, ESSB 5693, section 205(26), chapter 297, Laws of 2022, countable resources are no longer required for other eligibility programs. As a result, the health care authority (HCA) removed the QMB resource standards chart from its website.

Effective Date of Rule: August 1, 2023. Purpose: The agency is removing outdated clinical criteria for coverage of oxygen and replacing them with medicaid's current clinical criteria under the Centers for Medicare and Medicaid Services. Citation of Rules Affected by this Order: Amending WAC 182-552-0005, 182-552-0200, and 182-552-0800. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-11-134 on May 23, 2023. Number of Sections Adopted in Order to

Effective Date of Rule: July 17, 2023. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule will become effective July 17, 2023, to ensure outdoor workers are adequately protected from the hazards associated with exposure to high ambient outdoor temperatures; it's necessary for the preservation of public health, safety, and welfare. Purpose: On June 28, 2021, the department of labor and industries (L&I) received a petition for rule ma

Effective Date of Rule: Thirty-one days after filing. Purpose: Amending WAC 388-76-10350 Assessment — Updates required, 388-78A-2100 Ongoing assessments, and 388-107-0080 Ongoing comprehensive assessments; and adding new WAC 388-76-10351, 388-78A-2101, and 388-107-0081 to codify the timeline and requirements established under emergency rules in effect during the COVID-19 public health emergency. Citation of Rules Affected by this Order: New WAC 388-76-10351, 388-78A-2101 and 388-107-0081; and am

Effective Date of Rule: January 1, 2024. Purpose: The purpose of adoption is to amend some of the existing rules to support the school employees benefits board (SEBB) program: 1. Implement SEBB policy resolution: Amended WAC 182-30-060 and 182-31-040 to add language related to Policy Resolution SEBB 2022-01 when school employees returning to work from active duty. 2. Make technical amendments: Amended WAC 182-30-060 to clarify the enrollment is effective when the school employee regained eligibi

Effective Date of Rule: January 1, 2024. Purpose: The purpose of this proposal is to implement policy resolutions and to make technical amendments to support the school employees benefits board (SEBB) program: 1. Implement SEBB policy resolution: Amended WAC 182-30-085 and 182-30-090 to implement Policy Resolution SEBB 2023-04 when a subscriber has a change in residence or employment location that affects medical plan availability. 2. Make other technical amendments: Amended WAC 182-30-085 to ch

Effective Date of Rule: January 1, 2024. Purpose: The purpose of this proposal is to add a new section to support the school employees benefits board (SEBB) program. Created WAC 182-31-093 to implement the following SEBB policy resolutions: Policy Resolution SEBB 2023-01 continuation coverage eligibility for nonrepresented educational service district (ESD) school employees not eligible for benefits under the SEBB program; Policy Resolution SEBB 2023-02 continuation coverage for dependents not e

Effective Date of Rule: January 1, 2024. Purpose: The purpose of this proposal is to amend some of the existing rules to support the school employees benefits board (SEBB) program: 1. Make technical amendments: Amended WAC 182-30-100 to move notes to subsection (2) and add language to address when a school employee who enrolls in a high deductible health plan with a health savings account during the annual open enrollment and has a carryover amount from a medical flexible spending arrangement; a

Effective Date of Rule: January 1, 2024. Purpose: The purpose for adoption is to amend an existing rule to support the public employees benefits board (PEBB) program: Amended WAC 182-08-187 to implement Policy Resolution PEBB 2022-01 when an employee returns to work from active duty. Citation of Rules Affected by this Order: Amending WAC 182-08-187. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Other Authority: Policy Resolution PEBB 2022-01. Adopted under notice filed as WSR 23-

Effective Date of Rule: January 1, 2024. Purpose: The purpose for adoption is to amend existing rules to support the public employees benefits board (PEBB) program: 1. Implement PEBB policy resolutions: Amended WAC 182-08-196 and 182-08-198 to implement Resolutions PEBB 2023-01 when a subscriber has a change in residence that affects medical plan availability and PEBB 2023-02 when a subscriber is involuntarily terminated by a medicare advantage (MA) or medicare advantage-prescription drug (MA-PD

Effective Date of Rule: January 1, 2024. Purpose: The purpose for adoption is to amend some of the existing rules to support the public employees benefits board (PEBB) program: 1. Make technical amendments: • Amended WAC 182-08-197 to move language describing when the subscriber is no longer eligible for the employer contribution to a note. • Amended WAC 182-08-199 to move notes to subsection (2) and to address employees who enroll in a consumer directed health plan with a health savings account