Preproposals

Subject of Possible Rule Making: Revisions to chapter 118-30 WAC, Local emergency management/services organizations, plans and programs. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 38.52.070 Local organizations and joint local organizations authorized — Establishment, operation — Emergency powers, procedures — Communication plans. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Current rules are dated and based on outdated federal structure

Subject of Possible Rule Making: The Washington department of fish and wildlife (department) is considering amending rules in chapter 220-440 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.013 , 77.04.020 , 77.04.055 , and 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is seeking to amend rules in chapter 220-440 WAC to clarify and improve the administration of livestock and crop damage claims

Subject of Possible Rule Making: Chapter 172-108 WAC, Adjudicative proceedings. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.35.120 (12). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Updating rules to reflect changes to the student conduct code, chapter 172-121 WAC, and a new code, Discrimination and Title IX violations by students, chapter 172-125 WAC, as well as changes to Title IX procedures. Other Federal and State Agencies that R

Subject of Possible Rule Making: WAC 182-502-0002 Eligible provider types; 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 add behavioral health support specialist to the list of eligible providers. During the course of this review, the agency may identify additional related chan

Subject of Possible Rule Making: Green River College is engaging in proposed rule making to update the student conduct code chapter 132J-126 WAC to reflect the adoption of the emergency rules which will be submitted on July 30, 2024. 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: Green River College is engaging in the rule-making process to maintain compliance with federal and st

Subject of Possible Rule Making: The department of social and health services (department) is planning to add a new section to WAC 388-106-1000 through 388-106-1055 in the paid private duty nursing (PDN) section of WAC. The new section may be under WAC 388-106-1021, which is related to PDN paid holidays. Currently, PDN providers have been receiving holiday pay and referring to a Washington state employee WAC. PDN providers are not Washington state employees and therefore need to have clarity in

Subject of Possible Rule Making: WAC 182-500-0075 Medical assistance definitions — N, 182-501-0135 Patient review and coordination (PRC), 182-531-0425 Collaborative care, 182-531-1300 Foot care services for clients twenty-one years of age and older, 182-531-1720 Tobacco/nicotine cessation counseling, 182-534-0200 Enhanced payments for EPSDT screens for children in out-of-home placement, and 182-552-0001 Respiratory care — General; other related rules as appropriate. Statutes Authorizing the Agen

Subject of Possible Rule Making: Washington State University is updating the rules regarding health and safety regulations, chapter 504-36 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 health and safety rules in accordance with current RCW rules. Process for Developing New Rule: Reviewed internally at many levels before pr

Subject of Possible Rule Making: Updates to chapter 365-230 WAC to ensure alignment with United States Environmental Protection Agency (EPA) regulation 40 C.F.R. [Part] 745 to allow for assumption of lead presence in homes built before 1978 without testing, to clarify differences between renovation repair and painting (RRP) and lead-based paint activities (LBPA) programs, and to support program implementation. Possible rule-making topics include, but are not limited to, updates to chapter 365-23

Subject of Possible Rule Making: Fee increases for business and professional licensees funded out of the 06L account. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.24.086 Fee policy for professions, occupations, and businesses — Determination by rule. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of licensing (department) is required to set fees for each professional, occupational, or business licensing program at a suffic

Subject of Possible Rule Making: 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 addressing sex discrimination, including sex-based harassment. The deadline for implementing these new rules is August 1, 2024. Renton Technical College will adopt emergency rules under a separate filing to comply with the deadline on August 2, 2024. This CR-101 notice is

Subject of Possible Rule Making: Administrative and process rules regarding the appeals process at the board of tax appeals (BOTA): WAC 456-10-010, add clarification that filings are due by 5:00 p.m. to conform with other established deadlines; 456-10-230, clarification regarding contacting administrative staff and the executive director; 456-10-310, add name of representative as required in subsection (b); 456-10-365, remove requirement to specify pages of the board of equalization record; 456-

Subject of Possible Rule Making: Administrative and process rules regarding the appeals process at the board of tax appeals (BOTA): WAC 456-09-230, clarification regarding contacting administrative staff and the executive director; 456-09-550, remove requirement for prior approval for reply briefs; 456-09-555, remove requirement for proposed order and allow provisions for faster response time frame for responses to emergency motions; 456-09-560, remove language regarding a party's first request

Subject of Possible Rule Making: Behavioral health agency (BHA) and residential treatment facility (RTF) fee updates. The department of health (department) is considering rule amendments to update BHA and RTF fees. Updates to BHA fees, WAC 246-341-0365, and RTF fees, WAC 246-337-990, may also consider changes to clarify and standardize language. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.110 , 43.70.250 , and 71.24.037 . Reasons Why Rules on this Subject may be Nee

Subject of Possible Rule Making: Chapter 296-800 WAC, Safety and health core rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010 , 49.17.040 , 49.17.050 , 49.17.060 , and 49.17.240 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The division of occupational safety and health (DOSH) intends to conduct rule making for chapter 296-800 WAC, Safety and health core rules. DOSH is initiating this rule making to remove confusing and unne

Subject of Possible Rule Making: Chapter 296-19A WAC, Vocational rehabilitation. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020 , 51.04.030 , 51.32.095 , and 51.32.096 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 2127, chapter 90, Laws of 2024, amended several vocational statutes that affect the department of labor and industries' (L&I) vocational rules: • RCW 51.32.095 was amended to add a new subsection allowing funding to

Subject of Possible Rule Making: Workers' compensation incentives: Preferred workers and stay at work. Chapter 296-16 WAC, Employer—Worker reemployment incentives; and chapter 296-16A WAC, Stay-at-work program. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020 (1). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to implement requirements of SHB 2127, chapter 90, Laws of 2024. Stay-at-work program: Incr

Subject of Possible Rule Making: WAC 182-550-5130 Payment method — Institution for mental diseases disproportionate share hospital (IMDDSH) and institution for mental diseases (IMD) state grants, 182-550-5210 Payment method — Small rural indigent assistance disproportionate share hospital (SRIADSH), 182-550-5220 Payment method — Nonrural indigent assistance disproportionate share hospital (NRIADSH), and 182-550-5380 Payment method — Sole community disproportionate share hospital (SCDSH); other r

Subject of Possible Rule Making: Medical assistant-emergency medical technician (MA-EMT); establishing the credential. The department of health (department) is considering rule amendments and adding new sections to chapter 246-827 WAC, Medical assistants, to implement SSB 5940 (chapter 217, Laws of 2024). Statutes Authorizing the Agency to Adopt Rules on this Subject: SSB 5940 (chapter 217, Laws of 2024) and RCW 18.360.030 . Reasons Why Rules on this Subject may be Needed and What They Might Acc

Subject of Possible Rule Making: WAC 182-551-2010 Definitions, 182-551-2100 Covered skilled nursing services, 182-551-2130 Noncovered services, 182-553-300 Home infusion therapy/parenteral nutrition program — Client eligibility and assignment, and 182-553-400 Home infusion therapy and parenteral nutrition program — Provider requirements; 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 Subjec

Subject of Possible Rule Making: Creating new chapter 182-562 WAC, Community health worker services; 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 state supplemental operating budget (section 211(103), chapter 296, Laws of 2022, (ESSB 5693)), included funding for the health care authority (HCA) to implement a community health worker

Subject of Possible Rule Making: WAC 182-531-0450 Critical care — Physician-related services, 182-531-1250 Physician standby services, and 182-531-1350 Prolonged physician-related services; 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) is reviewing these rules to evaluate their alignment with current bill

Subject of Possible Rule Making: Chapter 110-15 WAC and other related rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.15.020 ; chapter 43.216 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The early learning division will be updating the chapter 110-15 WAC language for the working connections and seasonal child care subsidy programs. The revisions are to make housekeeping changes; update language to transition operations from de

Subject of Possible Rule Making: Title 314 WAC. The Washington state liquor and cannabis board (LCB) is considering amending sections of chapter 314-55 WAC to implement 2SHB 2151; chapter 69, Laws of 2024, which transfers cannabis laboratory accreditation authority to the Washington state department of agriculture (WSDA) from LCB beginning July 1, 2024. Cannabis laboratory accreditation authority was originally transferred from LCB to the Washington state department of ecology (DOE) in HB 2052 (

Subject of Possible Rule Making: Uniform facility enforcement framework for pharmacy. The pharmacy quality assurance commission (commission) is considering amending and establishing a new section in chapter 246-945 WAC to implement a uniform enforcement tool for pharmaceutical firms provided by ESSB 5271 (chapter 121, Laws of 2024). Other amendments to sections in chapter 246-945 WAC to implement ESSB 5271 may also be considered. Statutes Authorizing the Agency to Adopt Rules on this Subject: RC

Subject of Possible Rule Making: Tribal participation in the emergency worker program, per HB 2135, in chapter 118-04 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 38.52.310 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HB 2135 from the 2024 legislative session amended statutes related to the emergency worker program to include any federally recognized Indian tribe as defined in RCW 43.376.010 as participants. Guidelines for register

Subject of Possible Rule Making: Hospital financial data reporting; reviewing the accounting and reporting manual requirements for the uniform hospital financial reporting system. The department of health (department) is considering amendments to chapter 246-454 WAC to implement requirements in E2SHB 1272 (chapter 162, Laws of 2021). The department is also considering amendments to WAC 246-451-010 and 246-451-050 to update language that contains references to chapter 246-454 WAC. Statutes Author

Subject of Possible Rule Making: Dental licensure requirements. The dental quality assurance commission (commission) is considering amending WAC 246-817-135 to remove requirements pertaining to federal or state tax numbers when applying for licensure without an examination. The commission is also considering amending WAC 246-817-160 to clarify clinical and didactic education and training requirements for foreign-trained dentists and graduates of nonaccredited schools or programs. Statutes Author

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-492-0070 How are my WASHCAP food benefits calculated?, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050 , 74.04.055 , 74.04.057 , 74.04.500 , 74.04.510 , and 74.08.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Planned amendments will maintain alignment between Washington combi

Subject of Possible Rule Making: Washington State University (WSU) is updating the rules regarding standards of conduct for students, chapter 504-26 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 WSU's rules regarding standards of conduct for students. Process for Developing New Rule: Reviewed internally at many levels before p

Subject of Possible Rule Making: RCW 39.33.015 Transfer, lease, disposal of public property for affordable housing. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 39.33.015 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 39.33.015 (3) requires rules for the disposition of property for public benefit purposes. Leasing Regulation: The department of transportation (WSDOT) may enter into lease agreements with public, private, and nongovernme

Subject of Possible Rule Making: WAC 182-504-0015 Washington apple health — Certification periods for categorically needy programs, 182-505-0225 Children's Washington apple health with premiums — Calculation and determination of premium amount; 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

Subject of Possible Rule Making: WAC 182-115-0100 Certified peer counselor — General, 182-115-0200 Certified peer counselor — Application, training, examination, and authority approval; 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) intends to update these rules as authorized in 2SSB 5555 (68th legislat

Subject of Possible Rule Making: The department of social and health services (DSHS) is considering amending WAC 388-02-0217 When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order? and other related rules as may be required to clarify the general hearing rules of the board of appeals at DSHS. During this rule making, DSHS may make additional changes that are necessary to improve clarity. Statutes Authorizing the Agency to Adopt Rules on this Subject:

Subject of Possible Rule Making: Chapter 388-881 WAC, Sexual predator program — External oversight, and possible other sections this chapter and in chapter 388-880 WAC as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.09.800 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of social and health services (DSHS) is updating and clarifying rules as it relates to the special commitment center. As the program prog

Subject of Possible Rule Making: Medical assistant medication administration requirements and apprenticeship programs. The department of health (department) is considering rule amendments to WAC 246-827-0010, 246-827-0200, and 246-827-0240 to align with statutes updated by ESHB 1073 (chapter 134, Laws of 2023) and ESSB 5983 (chapter 248, Laws of 2024), and ensure that the rules are current and align with best practices. The department will also consider adding new WAC 246-827-0340 to address the

Subject of Possible Rule Making: WAC 182-502-0005 Core provider agreement (CPA), 182-502-0006 Enrollment for nonbilling individual providers, 182-502-0010 When the medicaid agency enrolls, 182-502-0012 When the medicaid agency does not enroll, 182-502-0040 Termination of a provider — For convenience, 182-502-0050 Provider dispute of an agency action, and 182-502-0100 General conditions of payment; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject:

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 certificate renewal requirements to align with recent legislation. 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: A

Subject of Possible Rule Making: The department of social and health services (department) is planning to amend WAC 388-71-0523, 388-71-0839, 388-71-0880, 388-71-0888, 388-71-0971, 388-71-0977, 388-71-0991, 388-71-1001, 388-115-0523, and to repeal 388-71-0990. The purpose of these changes include: Compliance with SB 5811 passed during the 2024 legislative session, clarification of continuing education requirements related to the date of hire, acknowledgment of the interstate nurse licensure comp

Subject of Possible Rule Making: WAC 182-52-0050 Prescription drug affordability board — Data and confidentiality; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: ESHB 1508, section 2 (2)(a), chapter 80, Laws of 2024, SHB 1105, section 1(1), chapter 171, Laws of 2024; RCW 41.05.021 , 41.05.160 , chapter 70.405 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending this

Subject of Possible Rule Making: WAC 388-96-738 What default case mix group and weight must the department use for case mix grouping when there is no minimum data set resident assessment for a nursing facility resident?, and other related sections as are necessary. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.46.571 and 74.46.800 (1). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Centers for Medicare and Medicaid [Services] has disc

Subject of Possible Rule Making: WAC 458-20-23801 Watercraft excise tax — Watercraft depreciation schedule. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.01.060 (2) and 82.32.300 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 82.49.040 requires the department of revenue (department) to prepare a depreciation schedule (at minimum annually) for use in the determination of fair market value for watercrafts, which is the basis for measu

Subject of Possible Rule Making: WAC 182-561-0500 Service tiers; and 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 correct the number of service hours identified in the eligibility criteria for Tier 4 and Tier 5 community behavioral health support services. During the course of

Subject of Possible Rule Making: WAC 182-538-110 The grievance and appeal system and agency administrative hearing for managed care organization (MCO) enrollees; 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 align it with applicable federal government regulations and simplify t

Subject of Possible Rule Making: Chapter 16-750 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.10.010 , 17.10.070 , 17.10.080 , 17.10.350 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The state noxious weed control board (board) is charged with updating the state noxious weed list on an annual basis to ensure it accurately reflects the noxious weed control priorities and noxious weed distribution, as well as updating its bylaws tha

Subject of Possible Rule Making: New WAC 132I-126-060, 132I-127-505, 132I-127-515, 132I-127-525, 132I-127-535, 132I-127-545, 132I-127-555, 132I-127-565, 132I-127-575 and 132I-127-585; repealing WAC 132I-126-400, 132I-126-410, 132I-126-420, 132I-126-430, 132I-126-505, 132I-126-515, 132I-126-525, 132I-126-535, 132I-126-545, 132I-126-555, 132I-126-565, 132I-126-575 and 132I-126-585; and amending WAC 132I-126-010, 132I-126-030, 132I-126-040, 132I-126-050, 132I-126-100, 132I-126-125, 132I-126-200, 13

Subject of Possible Rule Making: Early learning division (ELD) child care subsidy is revising WAC 110-15-0005 Eligibility, 110-15-0045 Approved activities for applicants and consumers not participating in WorkFirst, 110-15-0065 Calculation of income, 110-15-0075 Determining income eligibility and copayment amounts, and other related rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW; RCW 43.216.020 , 43.216.065 ; SHB 1945, section 1, chapter 225, Laws of 202