Preproposals

Subject of Possible Rule Making: Practice and procedure for student disciplinary proceedings. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.010 (16), 72.42.041 (2), 72.40.0191 (12), 72.40.0191 (17). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule changes are needed to update chapter 148-108 WAC regarding the practices and procedures for student disciplinary proceedings. Other Federal and State Agencies that Regulate this Subject an

Subject of Possible Rule Making: Student code of conduct and student disciplinary procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.010 (16), 72.42.041 (2), 72.40.0191 (12), 72.40.0191 (17). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To bring the Center for Deaf and Hard of Hearing Youth's (Washington school for the deaf) student conduct code, chapter 148-120 WAC, into compliance with a new final rule issued by the United S

Subject of Possible Rule Making: Anesthesiologist assistants; the Washington medical commission (commission) is considering creating a new chapter of rules under Title 246 WAC to establish licensing regulations for anesthesiologist assistants. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.71.017 , 18.130.050 ; and SB 5184 (chapter 362, Laws of 2024), codified in chapter 18.71D RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 18

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 align with HB 1228 (2024), recognize additional proficiency scales, and create multiple levels of the seal. This would put Washington st

Subject of Possible Rule Making: Student code of conduct and student disciplinary procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.010 (16), 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To bring Lower Columbia College's student conduct code, chapter 132M-126 WAC, into compliance with a new final rule issued by the United States Department of Education pursuant to its authority under Title IX of the Education

Subject of Possible Rule Making: The public disclosure commission (PDC) will consider rules regarding exemptions to sponsor identification and other disclaimers required on political advertising, including implementation of HB 2032 (2024), which requires sponsor identification on previously exempted political yard signs. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.17A.110 , [42.17A].320, and [42.17A].350. Reasons Why Rules on this Subject may be Needed and What They Mi

Subject of Possible Rule Making: WAC 181-79A-231 limited certificate renewal requirements. 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: Update limited certificate policy to reduce confusion in the field. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable. Process for Developing New Rule: Agency s

Subject of Possible Rule Making: WAC 181-79A-244 educator certificate renewal requirements. 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: Update WAC to align with HB [2ESHB] 1377 after having to wait due to this WAC already being in the process of a change at the time of other HB [2ESHB] 1377 WAC changes. Other Federal and State Agencies that Regulate this Subject and the Proces

Subject of Possible Rule Making: Clarifying the utilization of pharmacy ancillary personnel. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-001, 246-945-315, 246-945-317, 246-945-320, and potentially adding a new section in chapter 246-945 WAC to clarify the utilization of pharmacy ancillary personnel and technology within the pharmacy. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.64.005 , 18.64A.020 , 18.64A.030 , and 18.64A.

Subject of Possible Rule Making: New chapter 388-843 WAC, Youth transitional care facility, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to write a new chapter of rules to operationalize services at Lake Burien as directed by the Washington state legislature in the supplement

Subject of Possible Rule Making: The department of social and health services (department) is considering amending the following rules, adding new sections, and amending other sections as needed: Chapter 388-76 WAC, Adult family home (AFH) minimum licensing requirements; chapter 388-78A WAC, Assisted living facility (ALF) licensing rules; and chapter 388-107 WAC, Licensing requirements for enhanced services facilities (ESF). Amendments and new sections will address the need for a legally enforce

Subject of Possible Rule Making: New chapter 388-05B WAC, Electronic visit verification system requirements, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.17.060 ; P.L. 114-255, Section 12006(a). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Electronic visit verification (EVV) is a federal requirement for all medicaid funded in-home personal care services and respite care services as a verifica

Subject of Possible Rule Making: Considering adding kratom to the list of Schedule I substances. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-051 and adding new sections to chapter 246-945 WAC to add kratom and its active compounds to the list of Schedule I substances in response to a petition request to do so. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.64.005 , 69.50.201 , and 69.50.203 . Reasons Why Rules on this Subject

Subject of Possible Rule Making: Invoicing law enforcement officers' and firefighters' (LEOFF) Plan 2 employers for benefit overpayments directly related to erroneous reporting of member information. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 and sections 301 through 303, chapter 304, Laws of 2024. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revising WAC 415-02-075 and 415-104-112 to clarify when repaying overpaid LEOFF Plan

Subject of Possible Rule Making: Third-party recording of independent medical examinations (IMEs). Chapter 296-23 WAC, Radiology, radiation therapy, nuclear medicine, pathology, hospital, chiropractic, physical therapy, drugless therapeutics and nursing—Drugless therapeutics, etc. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.32.110 , 51.36.070 , 51.04.020 , and 51.04.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 1068, chapter

Subject of Possible Rule Making: Corecording of independent medical examinations (IMEs). Chapter 296-23 WAC, Radiology, radiation therapy, nuclear medicine, pathology, hospital, chiropractic, physical therapy, drugless therapeutics and nursing—Drugless therapeutics, etc. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.32.110 , 51.36.070 , 51.04.020 , and 51.04.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 1068, chapter 166, Laws

Subject of Possible Rule Making: Revising WAC regarding cafeteria plans to improve clarity. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Some department of retirement systems (DRS) WAC regarding cafeteria plans include language regarding deferred payments, while IRS requirements say that cafeteria plans cannot include deferred compensation. The language in these DRS WAC do not actua

Subject of Possible Rule Making: Student code of conduct and student disciplinary procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.010 (16), 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To bring the Seattle Colleges student conduct code chapter 132F-121 WAC into compliance with a new final rule issued by the United States Department of Education pursuant to its authority under Title IX of the Education Amend

Subject of Possible Rule Making: To bring Cascadia College's (college) student conduct code (chapter 132Z-115 WAC) into compliance with a new final rule governing sex discrimination grievance procedures recently adopted by the United States Department of Education and to update the code to ensure its prohibited conduct and procedures adequately protect the interests of the college community and the constitutional and procedural rights of individual students. Statutes Authorizing the Agency to Ad

Subject of Possible Rule Making: WAC 296-23-238 Acupuncture rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020 and 51.04.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of labor and industries (L&I) adopted WAC 296-23-238 Acupuncture rules, with an effective date of June 1, 2019. Under the rule, "the department or self-insurer may pay for acupuncture treatment when ordered by the worker's attending provider or

Subject of Possible Rule Making: WAC 182-545-200 Outpatient rehabilitation (occupational therapy, physical therapy, and speech therapy); 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 (agency) is amending WAC 182-545-200 to expand payment criteria for occupational therapy. During this review, the agency may iden

Subject of Possible Rule Making: WAC 182-507-0130 Refugee medical assistance (RMA) and 182-509-0001 Countable income for Washington apple health programs; 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 (agency) is amending WAC 182-507-0130 and 182-509-0001 to update the income and resource eligibility standards

Subject of Possible Rule Making: WAC 182-550-1900 Transplant coverage, 182-550-2100 Requirements — Transplant hospitals, 182-550-2200 Transplant requirements — COE; 182-531-0650 Hospital physician-related services not requiring authorization when provided in agency-approved centers of excellence or hospitals authorized to provide the specific services, 182-531-1750 Transplant coverage for physician-related services, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt

Subject of Possible Rule Making: Chapter 132H-126 WAC, Student code of conduct. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW and RCW 28B.50.140 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On April 19, 2024, the United States Department of Education (department) released its final rule to fully effectuate Title IX's promise that no person experiences sex discrimination in federally funded education. Before issuing the prop

Subject of Possible Rule Making: The employment security department (department), leave and care division, is considering rule making for paid family and medical leave (PFML) to address subjects including, but not limited to, the definition of "health care provider," pandemic leave assistance grants, weekly claim requirements, authorization of a designated representative, good cause for late applications, prevailing interest rate, and removing gender-specific pronouns. Statutes Authorizing the A

Subject of Possible Rule Making: WAC 182-543-2200 Proof of delivery; 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 (agency) is amending this rule to clarify requirements for proof of delivery of all medical equipment and supplies. During the course of this review, the agency may identify additional related chan

Subject of Possible Rule Making: Title 314 WAC; the Washington state liquor and cannabis board (board) is considering repealing, amending, and creating rule sections as necessary to implement HB 2204 (chapter 91, Laws of 2024), codified at RCW 66.20.010 (19), which directs the board to issue emergency liquor permits to certain licensees affected by emergency or disaster situations. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030 , 66.20.010 (19). Reasons Why Rules o

Subject of Possible Rule Making: WAC 392-194-002 Fee for processing initial educator certificate applications and subsequent actions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.410.062 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In an effort to improve the current processing system for educator certification applications in Washington state, the office of superintendent of public instruction (OSPI) is working with the professiona

Subject of Possible Rule Making: WAC 332-130-050 Survey map requirements, auditors' checklist. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 58.24.030 , 58.24.040 , 58.09.050 , and 58.17.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current auditor checklist has some outdated items used for reviewing survey maps prior to being accepted for recording. With the potential of electronic recording being used by more county recording of

Subject of Possible Rule Making: Chapter 132Q-10 WAC, student conduct code and procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To bring Community Colleges of Spokane's student conduct code into compliance with a new final rule governing sex discrimination grievance procedures recently adopted by the United States Department of Education and to update the code to ensure its

Subject of Possible Rule Making: The department of agriculture (department) is considering establishing a quarantine of untreated out-of-state firewood to prevent the introduction of plant pests and bee pests. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.24.041 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The movement of firewood containing plant pests and bee pests poses a threat to Washington's forests, agricultural, and environmen

Subject of Possible Rule Making: Code of student rights and responsibilities; repeal chapter 132A-126 WAC and adopt chapter 132A-127 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On April 19, 2024, the United States Department of Education released its final rule under Title IX. This rule requires institutions of higher education to adopt student disciplinary procedures add

Subject of Possible Rule Making: WAC 392-123-120 Statement of financial condition — Financial position of the school district. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.150.290 , 28A.505.140 , 28A.710.040 , 28A.710.220 . 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 to allow for potential binding conditions to be placed upon a school district or a c

Subject of Possible Rule Making: Skagit Valley College (college) intends to revise chapter 132D-150 WAC, Code of student conduct. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The college is required by the United States Department of Education to comply with the recently adopted Title IX regulations, which take effect on August 1, 2024. Amendments to the college's regulations imple

Subject of Possible Rule Making: Amendment of WAC 51-51-1500 Adoption and amendment of the 2021 International Mechanical Code, to adopt an updated Underwriter Laboratories (UL) standard for household and other electrical appliances. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27.035 and 19.27.074 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The UL standard was updated in response to the new requirements for lower global warming pote

Subject of Possible Rule Making: Chapter 173-224 WAC, Water quality permit fees. The purpose of this chapter is to provide a permit fee system for state waste discharge and National Pollutant Discharge Elimination System (NPDES) permits issued by the department of ecology (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 stor

Subject of Possible Rule Making: Adding minimum age requirements for dental assistant registration. The dental quality assurance commission (commission) is considering amending WAC 246-187-190 Dental assistant registration, to include a minimum age requirement for dental assistant registration. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.32.0365 , 18.260.040 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission has been receiv

Subject of Possible Rule Making: Removing licensure barriers for podiatric physicians and surgeons. WAC 246-922-055 Reciprocity requirements. The podiatric medical board (board) is considering updates to reduce licensure barriers for podiatric physicians and surgeons. The board is considering amending reciprocity requirements in order to comply with 2SHB 1724 (chapter 425, Laws of 2023), codified at RCW 18.130.077 . Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.22.015 an

Subject of Possible Rule Making: Washington Equal Pay and Opportunities Act (EPOA). New chapter under Title 296 WAC, Department of labor and industries (L&I). Statutes Authorizing the Agency to Adopt Rules on this Subject: EPOA, RCW 49.58.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington state legislature passed SHB 1905, chapter 353, Laws of 2024. The bill significantly expands the existing worker protections against pay and promotion discrimin

Subject of Possible Rule Making: WAC 296-14-8810 Pension tables, pension discount rate and mortality tables. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020 , 51.44.070 (1), and 51.44.080 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to amend the rule by lowering the pension discount rate (PDR) to better align with the rate of return for long-term treasuries for self-insured pensions. These reduc

Subject of Possible Rule Making: WAC 182-51-0900 Data confidentiality. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 ; and ESHB 1508, section 2 (2)(a), chapter 80, Laws of 2024. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending this rule to add language about data sharing between the drug price transparency program, the prescription drug affordability board, and the health car

Subject of Possible Rule Making: To bring Bates Technical College's (college) student conduct code (code) into compliance with a new final rule governing sex discrimination grievance procedures recently adopted by the United States Department of Education and to update the code to ensure its prohibited conduct and procedures adequately protect the interests of the college community and the constitutional and procedural rights of individual students. Statutes Authorizing the Agency to Adopt Rules

Subject of Possible Rule Making: WAC 182-543-2200 Proof of delivery; 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 (agency) is amending these rules to clarify and update the coverage criteria for medical equipment provided to clients who receive medicaid-funded care in nursing facilities. During the course of t

Subject of Possible Rule Making: WAC 392-157-125 Time for meals. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.235.100 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of the superintendent of public instruction (OSPI) is considering revising WAC 392-157-125 to better align with state auditor performance audit results, leading research, and national best practices by requiring a minimum seated lunchtime of 20 minutes in K-12 p

Subject of Possible Rule Making: WAC 182-503-0535 Washington apple health — Citizenship and immigration status, and 182-507-0135 Immigration status requirement for refugee medical assistance (RMA); 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 (agency) is amending WAC 182-503-0535 and 182-507-0135 to update the

Subject of Possible Rule Making: Chiropractic fees and renewal cycle updates. The department of health (department) is considering revisions to WAC 246-808-990 to update chiropractic and X-ray technician licensure, registration, renewal, and other fees including clarifying updates. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.130.037 , 43.70.110 , 43.70.250 , and 43.70.280 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Fees charged at

Subject of Possible Rule Making: Columbia Basin College's (college) student code of conduct, under chapter 132S-100 WAC, and other related rules as necessary. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW; RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On April 19, 2024, the United States Department of Education released its final rule under Title IX. This rule requires institutions of higher education to a