Subject of Possible Rule Making: Chapter 246-805 WAC, Applied behavior analysis, the department of health (department) is considering updating this chapter to: Clarify licensure requirements; update supervision, examinations, educational programs, training, and continuing education; establish temporary licenses; and update fees.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since chapter 246-805 WAC became effective in 2017, the department has acquired several years of experience regulating these professions. After consultation with the applied behavioral analysis advisory committee, the department is taking the opportunity to consider updates for a variety of issues. Updates may be needed to clarify requirements as well as possible alignment with current best practices and national standards. Rules may be needed to create a temporary license as allowed by RCW 18.380.080, as well as consider establishing a corresponding temporary license fee. Fees for duplicate licenses or license verification may need to be reduced to align with similar department fees for other professions. The department may update terms, references, and citations as needed, and will consider repealing requirements for AIDS training per recently passed legislation (ESHB 1551; chapter 76, Laws of 2020).

This rule making will also consider a petition from the Washington state psychological association (WSPA) specific to the supervision of a licensed assistant behavior analyst and certified behavior technician by a qualifying licensed professional other than a licensed behavioral analyst. The department's granting of the WSPA petition relates to the department's interpretive statement filed under WSR 17-20-067.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kendra Pitzler, P.O. Box 47852, Olympia, WA 98504, phone 360-236-4723, fax 360-236-2901, TTY 711, email kendra.pitzler@doh.wa.gov, website www.doh.wa.gov.

Additional comments: All notices will be sent to the public through the department of health's applied behavior analyst distribution list. Interested parties can join the distribution list at https://public.govdelivery.com/accounts/WADOH/subscriber/new.