WSR 24-16-083
AGENDA
DEPARTMENT OF HEALTH
STATE BOARD OF HEALTH
[Filed August 1, 2024, 9:52 a.m.]
July 2024
Rules Agenda
This report details current and anticipated rule-making activities for the department of health (DOH) and the state board of health (SBOH). If you have any questions regarding this report or DOH rule-making activities, please contact Tami Thompson at 360-628-0096. If you have any questions regarding SBOH rule-making activities, please contact Michelle Davis at 360-236-4105.
This agenda is for information purposes, and the anticipated rule-making actions are estimates. Any errors in this agenda do not affect the rules and rule-making notices filed with the office of the code reviser and published in the Washington State Register. There may be additional rule-making activities that cannot be forecasted as DOH and SBOH initiate rule making to implement new state laws, meet federal requirements, or meet unforeseen circumstances. See the "Key" below for explanations of terms and acronyms.
KEY:
Blank cells in tables mean the anticipated filing date is not known at the time this rules agenda is filed.
CR: "Code reviser" on the notice forms created by the office of the code reviser for use by all state agencies.
CR-101: Preproposal statement of inquiry filed under RCW 34.05.310.
CR-102: Proposed rule-making notice filed under RCW 34.05.320 or 34.05.340.
CR-103: Rule-making order permanently adopting a rule and filed under RCW 34.05.360 and 34.05.380.
CR-105: Expedited rule making filed under RCW 34.05.353.
RCW: Revised Code of Washington.
WAC: Washington Administrative Code.
WSR: Washington State Register official filing reference number given by the office of the code reviser when a notice is filed.
SBOH
Rule Making
Authority
WAC and Rule Title
CR-101
WSR #
CR-102
WSR #
CR-103
WSR #
CR-105
WSR #
Program Contact
SBOH
Chapter 246-650 WAC, Newborn screening.
SBOH is considering adding ornithine transcarbamylase deficiency (OTCD) to the list of mandatory conditions for newborn screening conducted by DOH.
22-05-012
Anticipate filing
Anticipate filing
 
Molly Dinardo
564-669-3455
SBOH
Chapter 246-260 WAC, Water recreation facilities; and chapter 246-262 WAC, Recreational water contact facilities.
SBOH will consider adopting requirements from the Centers for Disease Control and Prevention Model Aquatics Health Code (MAHC), modifying the rules to keep pace with changing water recreation technologies, and to improve clarity and usability including possible consolidation of all water recreation rules into a single chapter.
17-01-048
 
 
 
Andrew Kamali
360-584-6737
Ashlie Laydon
ashlie.laydon@doh.wa.gov
SBOH
Chapter 246-760 WAC, Auditory screening standards in schools.
SBOH is considering amending the auditory screening sections of chapter 246-760 WAC to align with current national evidence-based practices and assess potential options regarding whether to include otoacoustic emission (OAE) screening technology in SBOH's rules. SBOH may also consider other technical or editorial changes as needed.
23-22-004
 
 
 
Molly Dinardo
564-669-3455
SBOH
Chapter 246-650 WAC, Newborn screening.
SBOH is considering adding Guanidinoacetate methyltransferase (GAMT) deficiency and Arginase 1 deficiency (ARG1-D) to the list of mandatory conditions for newborn screening conducted by DOH.
23-24-016
Anticipate filing
Anticipate filing
 
Molly Dinardo
564-669-3455
SBOH
Chapter 246-500 WAC, Handling of human remains.
SBOH is proposing amending parts of the rule to align with the changes to RCW 68.50.230 prescribed in SHB 1974, which passed during the 2024 legislative session.
 
24-10-009
Anticipate filing
 
Shay Bauman
564-669-8929
SBOH
Primary and secondary school environmental health and safety regulations.
SBOH is considering creating a new chapter (chapter 246-370 WAC) of draft rules for school environmental health and safety. SBOH will consider establishing minimum statewide health and safety standards for schools, formalizing school environmental health and safety inspection procedures, and repealing chapters 246-366 and 246-366A WAC.
24-13-117
 
 
 
Andrew Kamali
360-584-6737
SBOH
Chapter 246-282 WAC, Sanitary control of shellfish.
SBOH is considering amending rules to modify harvest control requirements, update definitions, seed size, and make other technical and editorial changes as needed.
22-06-034
 
 
 
Shay Bauman
564-669-8929
Kseniya Efremova
360-236-3449
SBOH
Chapter 246-290 WAC, Group A public water supplies.
SBOH is proposing amending parts of the rule to adopt PFAS federal standards, effective dates, and update guidance reference.
 
Anticipate filing
 
 
Shay Bauman
564-669-8929
Kseniya Efremova
360- 236-3449
SBOH
Chapter 246-290 WAC, Group A public water supplies.
SBOH is considering amending parts of the rule to permanently fix PFAS rule language and adopt the MCL values as SALs.
Anticipate filing
 
 
 
Shay Bauman
564-669-8929
Kseniya Efremova
360-236-3449
Board of Hearing and Speech
Chapter 246-828 WAC, reducing licensure barriers and clarifying speech-language pathology assistant certification requirements.
The board of hearing and speech is proposing amendments to WAC 246-828-020 Examinations, 246-828-510 Continuing education, and 246-828-617 Requirements for speech-language pathology assistant certification.
24-08-058
Anticipate filing
 
 
Kim-Boi Shadduck
360-236-2912
Board of Hearing and Speech
Heal-WA fee for inactive licenses.
The board of hearing and speech is considering amending the fee section as the Heal-WA fee was mistakenly left off of WAC 246-828-990 for inactive licenses.
Anticipate filing but may do a CR-105.
 
 
 
Kim-Boi Shadduck
360-236-2912
Board of Massage
WAC 246-830-035 Licensing by endorsement for out-of-state applicants.
DOH, in coordination with the board of massage, is examining and may consider amending this section of the massage therapist rules related to licensing by endorsement for out-of-state applicants.
23-07-064
Anticipate filing.
 
 
Devin Brooks
360-236-4945
Board of Massage
WAC 246-830-430 Education and training.
The board of massage in coordination with DOH is considering amendments to the education and training rules to include parameters on online and virtual education and adding health equity awareness training to initial licensure requirements for new massage licensees.
23-12-002
Anticipate filing.
 
 
Devin Brooks
360-236-4945
Board of Naturopathy
Naturopathic licensure requirements. WAC 246-836-020 Requirements for licensure and 246-836-040 Jurisprudence examinations.
The board of naturopathy is considering amendments to licensure requirements relating to the jurisprudence examination as a condition for licensure and to clarify, update, and simplify rules to comply with 2SHB 1724 (chapter 425, Laws of 2023), codified as RCW 18.130.077.
24-10-050
Anticipate filing
 
 
Rachel Phipps
564-233-1277
Board of Optometry
Chapter 246-851 WAC.
The board of optometry is proposing to amend, establish new, and repeal sections in chapter 246-851 WAC to implement SSB 5389 (chapter 400, Laws of 2023), which expands the optometrist scope of practice to include certain advanced procedures and establishes requirements for license endorsement.
23-16-043
Anticipate filing
 
 
Kristina Bell
360-236-4841
Board of Optometry
Optometry continuing education (CE) and examination requirements.
The board of optometry will conduct a review of the optometrist CE and examination requirements in WAC 246-851-090 through 246-851-230 and 246-851-490. The board of optometry (board) will consider increasing the number of allowable online credits. To comply with 2SHB 1724 (chapter 425, Laws of 2023), the board will also consider including the jurisprudence exam (JP) within their CE requirements and removing it from initial licensure requirements. The board may also consider housekeeping changes to clarify and streamline these sections of the rule as necessary.
24-06-033
Anticipate filing
 
 
Kristina Bell
360-236-4841
Board of Osteopathic Medicine and Surgery
Chapter 246-853 WAC, Osteopathic physicians and surgeons, five-year chapter review.
The board of osteopathic medicine and surgery is proposing amendments to multiple sections in chapter 246-853 WAC for a general chapter cleanup to clarify and update rule language in accordance with the five-year rule review requirement under expedited rule making.
 
 
Anticipate filing
24-11-069
Becky McElhiney
360-236-4766
Board of Osteopathic Medicine and Surgery
WAC 246-853-020 Osteopathic medicine and surgery examinations.
The board of osteopathic medicine and surgery is considering amendments to update osteopathic physician examination requirements pursuant to 2SHB 1724.
24-01-084
Anticipate filing
 
 
Becky McElhiney
360-236-4766
Board of Osteopathic Medicine and Surgery
WAC 246-853-080 Continuing education for osteopathic providers.
The board of osteopathic medicine and surgery is considering amending WAC 246-853-080 Continuing education, to update the CE requirements for licensure renewal of osteopathic physicians.
24-04-068
Anticipate filing
 
 
Becky McElhiney
360-236-4766
Board of Osteopathic Medicine and Surgery
Osteopathic physician opioid prescribing, WAC 246-853-661, 246-853-730, and 246-853-755.
The board of osteopathic medicine and surgery is considering amendments to osteopathic physician opioid prescribing rules to modernize the language, add clarity, bring the rules in line with current practice and align with the Washington medical commission.
24-02-084
Anticipate filing
 
 
Becky McElhiney
360-236-4766
Board of Physical Therapy
Physical therapy initial license and endorsement requirements for 2SHB 1724. The board of physical therapy is proposing amendments to WAC 246-915-030, 246-915-039, 246-915-040, and 246-915-085 to implement 2SHB 1724.
23-24-101
Anticipate filing
 
 
Allyson McIver
360-236-2878
Board of Physical Therapy
Physical therapy compact update, WAC 246-915A-010.
The compact recently made additional updates to the compact rules and the board of physical therapy will need to update the date in rule.
 
 
 
Anticipate filing
Allyson McIver
360-236-2878
Chiropractic Quality Assurance Commission
WAC 246-808-010, 246-808-105 through 246-808-140, 246-808-180 through 246-808-190, 246-808-510, 246-808-535, and 246-808-801 through 246-808-830.
Amending the chiropractic credentialing requirements.
23-05-053
 
 
 
Betty Moe
360-236-2868
Dental Quality Assurance Commission
Dental school faculty member licenses.
The dental quality assurance commission is proposing to amend WAC 246-817-150 to remove specific references about granting licenses to University of Washington faculty and replacing with a reference to a faculty of any institution of higher education in Washington state accredited by the commission on dental accreditation (CODA).
23-16-100
23-23-053
24-08-057
 
Debbie Gardner
360-236-4277
Dental Quality Assurance Commission
WAC 246-817-905 Exclusions.
Dental opioid prescribing exclusions for RHCs, WAC 246-817-905.
The dental quality assurance commission is considering adding residential habilitation centers to the list of opioid prescribing exclusions.
23-22-030
Anticipate filing
 
 
Debbie Gardner
360-236-4277
Dental Quality Assurance Commission
Dental licensure without exam, WAC 246-817-135 and 246-817-160.
The dental quality assurance 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 dental quality assurance 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.
24-15-022
 
 
 
Debbie Gardner
360-236-4277
Dental Quality Assurance Commission
Dental assistant registration, WAC 246-817-190.
Adding minimum age requirements for dental assistant registration. The dental quality assurance commission is considering amending WAC 246-187-190 Dental assistant registration, to include a minimum age requirement for dental assistant registration.
Anticipate filing
 
 
 
Debbie Gardner
360-236-4277
Dental Quality Assurance Commission
Dental military spouse temporary practice permit, WAC 246-817-187.
The dental quality assurance commission is proposing amendments to WAC 246-817-187 Temporary practice permit—Military spouse eligibility and issuance, to update language changes made by 2SHB 1009.
 
 
 
25-15-006
Debbie Gardner
360-236-4277
DOH
Title 246 WAC, crisis call center crisis hubs.
DOH is considering creating a new chapter of rules to implement E2SHB 1477 (chapter 302, Laws of 2021). The rules will establish standards for designation of crisis call centers as designated 988 crisis contact center hubs within the 988 national suicide prevention and mental health crisis hotline system.
22-15-084
Anticipate filing
 
 
Me'Kyel Bailey
360-764-9161
DOH
Chapter 246-105 WAC, Immunization of child care and school children against certain vaccine preventable diseases.
DOH received designated authority from SBOH. DOH is considering rules to update existing 2019 ACIP schedule standards to the current 2024 schedule standards approved by advisory committee on immunizations practices (ACIP) and remove the school immunization status reporting date from the rule to align with RCW 28A.210.110 to best support schools and child care centers in meeting reporting deadlines.
 
Anticipate filing
Anticipate filing
 
Meghan Cichy
564-669-3834
Me'Kyel Bailey
360-764-9161
DOH
Chapter 246-780 WAC, Farmers' market nutrition program.
DOH is considering rules to transition farmers' market nutrition program to electronic farmers market nutrition program for the purposes of using electronic benefit payments.
23-07-101
Anticipate filing
Anticipate filing
 
Karen Mullen
360-515-8279
Me'Kyel Bailey
360-764-9161
DOH
Chapter 246-790 WAC, Special supplemental nutrition program for women, infants, and children (WIC).
DOH is considering rules to allow for more variety in WIC vendor types and considering amending the participant compliance rules to allow virtual service options.
23-22-061
Anticipate filing
Anticipate filing
 
Karen Mullen
360-515-8279
Me'Kyel Bailey
360-764-9161
DOH
Title 246 WAC, Establishing a new chapter relating to rapid health information network data reporting.
17-21-075
Anticipate filing
 
 
 
DOH
Music therapists, Title 246 WAC.
DOH is considering creating a new chapter of rules to establish licensing regulations for music therapists, including fees. DOH will consider any necessary rules for an advisory committee.
23-22-034
24-12-077
Anticipate filing
 
 
DOH
Behavioral health support specialist, Title 246 WAC.
DOH is considering rule making to establish the new behavioral health support specialist credential under SSB 5189 (chapter 270, Laws of 2023).
23-14-113
Anticipate filing
 
 
Claire Wilson
564-669-0392
DOH
Certified peer specialist and trainee credential, Title 246 WAC.
DOH is considering rule making to establish the new certified peer specialist and trainee credentials under SSB 5555 (chapter 469, Laws of 2023).
23-16-037
 
 
 
Ted Dale
360-236-2991
DOH
Military spouse temporary practice permit, WAC 246-12-051, 2SHB 1009.
Military spouses, removing barriers to temporary practice permits in WAC 246-12-051. DOH is adopting amendments to update temporary practice permit requirements for military spouses as made by 2SHB 1009 (chapter 165, Laws of 2023).
 
 
Anticipate filing
24-06-028
Tommy Simpson
360-236-4910
DOH
WAC 246-803-040
Acupuncture and Eastern medicine (AEMP).
Allowing virtual training for point injection therapy for AEMP. DOH, in consultation with the acupuncture and Eastern medicine advisory committee, is considering amending WAC 246-803-040, Education and training for point injection therapy, to allow the 16 hours of didactic education to occur through webinar or other online or distance learning methods. There may be other changes needed for clarity due to this proposed change in the rule.
23-17-077
24-13-118
 
 
Adriana Barcena
360-236-4865
DOH
Chapter 246-08 WAC, Practice and procedure, rules regarding DOH adjudicative proceedings for declaratory orders; public record requests; agency indexes; and general agency administrative processes.
DOH is reviewing existing rules within the chapter to identify amendments that may be necessary as a result of changes in statutes, changes in internal operations, opportunities to streamline processes to reduce regulatory burden without compromising public health and safety, and to provide clear, concise, and reasonable rules.
This rule making excludes: WAC 246-08-390 Acquisition, security, disclosure and destruction of health information, and 246-08-400 How much can a health care provider charge for searching and duplicating health care records?
19-16-114
 
 
 
Tami Thompson
360-628-0096
DOH
Chapter 246-12 WAC,
Advanced suicide education standards.
21-04-054
Anticipate filing
 
 
Stephanie Vaughn
360-819-0714
DOH
Chapter 246-70 WAC, Cannabis product compliance.
DOH is opening this chapter to consider updating the term "marijuana" to "cannabis," to examine the definition of compliant product, to review compliant product labeling, and align quality assurance standards with the Washington state liquor and cannabis board.
22-23-001
Anticipate filing
 
 
Loralei Walker
360-236-2820
DOH
Security screening systems.
DOH may adopt a new chapter (chapter 246-230 WAC) to establish radiation safety standards for the use of security screening systems capable of detecting contraband contained under clothing and within body cavities, meeting applicable federal and state radiation and safety standards.
22-17-145
Anticipate filing
 
 
Ashlie Laydon
ashlie.laydon@doh.wa.gov
Richard Montemarano
360-236-3238
DOH
X-ray in healing arts, chapter 246-225 WAC.
DOH will consider amending existing rules and adopting new rules to address advancements in technology for radiation therapy and fluoroscopic X-ray and plan review shielding requirements.
24-03-137
 
 
 
Ashlie Laydon
ashlie.laydon@doh.wa.gov
Richard Montemarano
360-236-3238
DOH
Chapter 246-254 WAC, Radiation protection fees.
DOH is considering amending or creating new radioactive material license and licensee fees.
24-03-145
24-15-097
 
 
Earl Fordham
509-628-7628
Peter Beaton
peter.beaton@doh.wa.gov
DOH
Chapter 246-272B WAC, Loss penalty schedule.
DOH is considering amending chapter 246-272B WAC to adopt a penalty schedule for the issuance of civil penalties.
24-13-109
Anticipate filing
 
 
Ashlie Laydon
ashlie.laydon@doh.wa.gov
Andrew Jones
360-236-3378
DOH
Chapter 246-275 WAC, Establishing a new chapter for on-site nonpotable water systems.
21-17-04
 
 
 
Kseniya Efremova
360-236-3449
DOH
Chapter 246-296 WAC, Drinking water state revolving fund.
DOH is considering amendments to implement requirements of the federal Bipartisan Infrastructure Law.
23-11-003
24-11-106
Anticipate filing
 
Kseniya Efremova
360-236-3449
DOH
WAC 246-272A-0110, Table 1, Category 2.
DOH is considering to add NSF/ANSI 40 testing for Category 2 products.
24-11-058
Anticipate filing
 
 
Peter Beaton peter.beaton@doh.wa.gov
DOH
WAC 246-290-990 Public water system fees.
DOH is considering amending public water system fees to cover operating costs.
24-08-068
 
 
 
Peter Beaton peter.beaton@doh.wa.gov
DOH
Radionuclide air emissions.
DOH is proposing to amend WAC 246-247-035 to update the publication date of the federal rules from 2023 to 2024.
 
24-11-105
24-15-096
 
Kseniya Efremova
360-236-3449
DOH
Certificate of need, adult elective percutaneous coronary intervention (PCI) program.
DOH is considering amendments to WAC 246-310-700 through 246-310-755 in response to a rule-making petition to amend the adult elective PCI certificate of need requirements.
24-03-083
 
 
 
Ross Valore
360-236-2955
DOH
WAC 246-310-800 through 246-310-833, certificate of need, kidney disease treatment centers temporary emergency rule exemptions.
DOH is considering creating a new section to implement SSB 5659 (chapter 48, Laws of 2023), that creates exemptions from the certificate of need requirements for kidney disease treatment center rules. DOH will also consider amendments to the kidney disease center rules based upon the effects of implementing rules pursuant to SSB 5569.
23-16-038
24-10-089
Anticipate filing
 
Ross Valore
360-236-2955
DOH
WAC 246-320-010, 246-320-500, 246-320-505, 246-320-600, and other sections of chapter 246-320 WAC relevant to construction standards.
DOH is considering amending the hospital licensing regulations to align with the current national construction standards.
23-15-082
Anticipate filing
 
 
Susan Upton
360-236-2948
DOH
Behavioral health agency and residential treatment facility fee updates.
DOH is considering rule amendments to update behavioral health agency (BHA) and residential treatment facility (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.
Anticipate filing
 
 
 
Heather Cantrell
360-236-4637
DOH
Acute care and private psychiatric hospital fees.
WAC 246-320-199 Acute care hospital and 246-322-990 Private psychiatric hospitals.
DOH is considering updates to rules regarding acute care and private psychiatric hospital fees to address funding needs.
23-22-096
24-11-118
Anticipate filing
 
Heather Cantrell 360-236-4637
DOH
Chapter 246-320 WAC, Hospital licensing regulations.
DOH is considering amending the acute care hospital regulations in chapter 246-320 WAC in order to implement 2SSB 5120 (chapter 433, Laws of 2023), an act concerning the establishment of 23-hour crisis relief centers in Washington state.
23-13-016
24-10-090
Anticipate filing
 
Dan Overton
564-201-0579
DOH
Acute care hospital at home.
DOH is considering rule making to establish standards for hospital at-home services and implement SHB 2295, by amending WAC 246-320-010, 246-320-199, and creating a new section or sections in chapter 246-320 WAC.
Anticipate filing
 
 
 
Tiffani Buck
564-233-1121
DOH
Chapter 246-329 WAC, Childbirth centers.
DOH is considering updates to clarify, consolidate, and modernize the chapter.
22-06-058
Anticipate filing
 
 
John Hilger
360-236-2929
DOH
Chapter 246-341 WAC, Behavioral health agency (BHA) licensing and certification requirements.
DOH is considering amending the BHA regulations in chapter 246-341 WAC in order to implement 2SSB 5120 (chapter 433, Laws of 2023). DOH may also amend sections of chapter 246-341 WAC to address statutory changes as a result of the 2023 legislative session.
23-13-017
24-10-095
Anticipate filing
 
Dan Overton
360-236-2953
DOH
23-Hour crisis relief centers for minors in Washington state.
DOH is considering amending BHA regulations in chapter 246-341 WAC including, but not limited to, WAC 246-341-0903, to implement E2SSB 5853 (chapter 367, Laws of 2024), an act relating to extending the crisis relief center (CRC) model to provide behavioral health crisis services for minors.
24-13-112
 
 
 
Dan Overton
360-236-2953
DOH
BHAs reporting requirement, chapter 246-341 WAC, 2SSB 6228 (2024).
Anticipate filing
 
 
 
 
DOH
BHA regulations in chapter 246-341 WAC related to opioid treatment programs (OTPs).
DOH is considering amending the BHA regulations related to OTPs to address general cleanup, remove duplicate requirements, align with the Code of Federal Regulations and implement 2E2SSB 5536 (chapter 1, Laws of 2023, 1st special session). DOH is also fixing two internal citations from a previous rules project.
23-17-078
Anticipate filing
 
 
Michelle Weatherly
360-236-2992
DOH
Residential treatment facilities and psychiatric hospitals. Implementation for Indian health care provider attestation in chapters 246-337 and 246-322 WAC, SHB 2075 (2024).
Anticipate filing
 
 
 
Michelle Weatherly
360-236-2992
DOH
WAC 246-358-990 Temporary worker housing fees.
DOH is considering updating or creating new fees to cover operating costs for the temporary worker housing program.
24-03-138
 
 
 
Juan Gamez
360-628-6620
Peter Beaton
peter.beaton@doh.wa.gov
DOH
Private detention facilities.
DOH is considering creating a new chapter (chapter 246-385 WAC) to set operational health and safety standards for private detention facilities.
23-23-079
 
 
 
Kseniya Efremova
360-236-3449
DOH
Chapter 246-453 WAC, Hospital charity care.
DOH is considering amendments to implement new requirements in SSB 6273 (chapter 623, Laws of 2018) and SHB 1616 (chapter 197, Laws of 2022). Updates may be needed to ensure that the rules are current and align with best practices. DOH will also consider adding a new section to address requirements for clarity and conciseness.
22-20-069
 
 
 
Carrie Baranowski
360-236-4210
DOH
WAC 246-454-010, 246-454-020, 246-454-090, and 246-454-110, Hospitals—System of accounting, financial reporting, budgeting, cost allocation.
DOH is considering amendments to existing rules to implement new requirements in E2SHB 1272. Updates may be needed to ensure that the rules are current and align with best practices. DOH will also consider adding a new section to address requirements for clarity and conciseness.
21-23-082
Anticipate filing
 
 
Carrie Baranowski
360-236-4210
DOH
Prescription monitoring program (PMP); clarifying terms and information about prescription history for the PMP.
Amending WAC 246-470-010, 246-470-030, and 246-470-050.
DOH is considering clarifying that prescribers can request the history of prescriptions they have written.
23-22-092
24-11-119
Anticipate filing
 
Jennifer Kang
360-688-6644
DOH
Chapter 246-490 WAC, Vital statistics; and chapter 246-491 WAC, Vital statistics—Certificates.
DOH is considering amending and repealing existing rules, and creating new rules related to vital records. The rules may establish registration and amendment requirements for vital records; update or add program processes to align with statutory changes; adopt fees associated with amendment and delayed birth applications; add or adjust fees associated with the issuance of certifications and informational copies; add or remove data items collected in a vital record; expand use of electronic registration of a vital event; make editorial and technical changes to align with statutory changes; and repeal obsolete sections of rule.
23-04-062
Anticipate filing
 
 
Kelly Thomson
360-236-2274
DOH
Physician visa waivers in chapter 246-562 WAC.
DOH is considering a chapter review to reorganize sections and amend rules regarding J-1 physician visa waivers. DOH is considering changing these rules to help meet the greatest needs across Washington state. DOH is considering amending the organizational structure, application criteria, and requirements for letters of support.
24-04-021
24-13-113
Anticipate filing
 
Sarah Gambrill
564-669-1697
Kelly Shaw
360-480-8690
DOH
Chapter 246-780 WAC, Electronic benefit payments for farmer's market nutrition program, also to be known as e-FMNP.
DOH is considering updating the chapter to allow for electronic benefit payments for the farmers' market nutrition program.
23-07-101
Anticipate
Filing
 
 
Katherine Flores
360-742-4543
Steve Strong
360-742-2930
DOH
Chapter 246-790 WAC.
Special supplemental nutrition program for WIC.
DOH is considering changes to the rule which would allow for more variety in WIC vendor types.
23-22-061
 
 
 
Karen Mullen
360-515-8279
DOH
WAC 246-803-040 Virtual training for point injection therapy for acupuncture and Eastern medicine.
DOH is considering amending education and training for point injection therapy, to allow the 16 hours of didactic education to be done virtually.
23-17-077
24-13-118
 
 
 
DOH
Chiropractic fees and renewal cycle updates.
DOH is considering revisions to WAC 246-808-990 to update chiropractic and X-ray technician licensure, registration, and renewal fees including any clarifying updates.
Anticipate filing
 
 
 
 
DOH
Chapter 246-809 WAC.
DOH is considering rule making to implement recommendations developed under 2SHB 1724 (chapter 425, Laws of 2023), to support the behavioral health workforce and lower barriers to licensure. Professions potentially impacted by this rule making include mental health counselors, marriage and family therapists, social workers, and associates.
24-10-012
 
 
 
Lana Crawford
564-669-1455
DOH
Chapter 246-809 WAC.
DOH is considering amending, repealing, or creating new sections in chapter 246-809 WAC to implement recent legislation by establishing: (1) A directory to help mental health counselor, marriage and family therapist, and social worker associates find supervisors; (2) standards for supervision of associates; (3) a stipend program to offset some costs of supervision; and (4) other changes as appropriate.
24-10-010
 
 
 
Brandon Williams
360-913-4643
DOH
Chapter 246-810 WAC.
DOH is considering rule making to: (1) Implement 2SHB 1724 (chapter 425, Laws of 2023), which created two new agency affiliated counselor credential types; (2) implement E2SHB 1504 (chapter 170, Laws of 2021), which allowed student interns to become agency affiliated counselors; and (3) update the chapter as appropriate.
23-16-044
Anticipate filing
 
 
Carmen Leso
360-742-1463
DOH
Chapter 246-811 WAC.
DOH is considering rule making to implement recommendations developed under 2SHB 1724 (chapter 425, Laws of 2023) to support the behavioral health workforce and lower barriers to licensure. Professions potentially impacted by this rule making include substance use disorder professionals and trainees.
24-10-011
 
 
 
Claire Wilson
564-669-0392
DOH
Amend WAC 246-815-140
Dental hygienists continuing education.
Anticipate filing
 
 
 
Kitty Einert
360-236-4843
DOH
Dental hygiene health equity CE.
Create WAC 246-815-145
Establish health equity CE; DOH is considering creating a new rule in chapter 246-815 WAC, Dental hygiene equity training requirements. Health equity rules WAC 246-12-830 [246-12-800] through 246-12-830 to comply with RCW 43.70.613.
23-21-070
24-02-006
24-15-021
 
Kitty Einert
360-236-4843
DOH
Dental hygienists infection control, chapter 246-815 WAC.
Anticipate filing
 
 
 
Kitty Einert
360-236-4843
DOH
Establishing new chapter 246-819 WAC for the dental therapist profession in order to implement ESHB 1678 (chapter 460, Laws of 2023).
23-22-058
Anticipate filing
 
 
Kitty Einert
360-236-4843
DOH
Chapter 246-819 WAC, Dental therapist.
DOH is considering establishing new chapter 246-819 WAC for the dental therapist profession in order to implement ESHB 1678 (chapter 460, Laws of 2023).
23-22-058
Anticipate filing
 
 
Bruce Bronoske
360-236-4843
DOH
Athletic trainers, amending WAC 246-916-030 to update the endorsement section in response to 2SHB 1724.
DOH is proposing rule making to update substantial equivalency standard rules.
24-13-078
Anticipate filing
 
 
Allyson McIver
360-236-2878
DOH
Chapter 246-822 WAC, Dietitians or nutritionists.
DOH is considering rule making to amend or repeal several sections of the dietitian and nutritionist chapter. Specific sections focus on mandatory reporting, examinations, and curriculum. Updating rules about dieticians and nutritionists to modernize the chapter.
18-10-059
23-22-131
24-10-088
Supplemental
Anticipate filing
 
Kim-Boi Shadduck
360-236-2912
DOH
Chapter 246-822 WAC, Dietitians or nutritionists.
DOH is considering rule making to implement 2SHB 1724 and consider national credentials for dietitians and nutritionists.
Anticipate filing
 
 
 
Kim-Boi Shadduck
360-236-2912
DOH
Birth doulas, amendments to implement 2SHB 1724.
DOH is proposing amendments to WAC 246-835-040 to remove CE barriers to becoming a birth doula for out-of-state applicants and implement 2SHB 1724.
24-09-050
Anticipate filing
 
 
 
DOH
Birth doulas, amendments to WAC 246-835-010 and 246-835-025.
DOH is amending two WAC sections to update the definition of "culturally congruent care" and to separate the term from "culturally congruent ancestral care" for competency based requirements.
24-09-012
Anticipate filing
 
 
 
DOH
Genetic counselors, amendments to WAC 246-825-080 Licensure by endorsement.
DOH is amending one WAC section to implement 2SHB 1724 for genetic counselors by reducing barriers to entering and remaining in the profession.
24-09-014
Anticipate filing
 
 
 
DOH
Respiratory care practitioners chapter update to incorporate 2SHB 1724 and 2SHB 1009.
DOH is proposing amendments to WAC 246-928-540, 246-928-560, and 246-928-570 to lower barriers to entering and remaining in the respiratory care practitioner workforce.
24-06-083
Anticipate filing
 
 
 
DOH
Medical assistant medication administration requirements and apprenticeship programs.
DOH 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. DOH will also consider adding a new WAC 246-827-0340 to address the medication administration requirements for the medical assistant-registered credential.
Withdrawn 23-20-118
New
24-14-096
Anticipate filing
 
 
Becky McElhiney
360-236-4766
DOH
Medical assistant-emergency medical technician (MA-EMT); establishing the credential.
DOH is considering rule amendments and adding new sections to chapter 246-827 WAC, Medical assistants, to implement SSB 5940 (chapter 217, Laws of 2024).
Anticipate filing
 
 
 
Becky McElhiney
360-236-4766
DOH (with the Washington State Board of Nursing)
WAC 246-840-990 Nursing fee rule housekeeping correction to totals. DOH in consultation with the Washington state board of nursing is proposing amendments to WAC 246-840-990 to make a housekeeping change to correct fee total amounts.
 
 
 
24-14-126
Jessilyn Dagum
360-236-3538
DOH
Chapter 246-850 WAC, Orthotics and prosthetics rules.
DOH along with the orthotics and prosthetics advisory committee, is considering amendments to comply with recent legislation. To align chapter 246-850 WAC with 2SHB 1724 (chapter 425, Laws of 202 [2023]), DOH is considering amending the jurisprudence examination as a requirement for licensure and possibly incorporating knowledge of professional jurisprudence into continuing competency requirements for orthotics and prosthetists. As part of this project, DOH will consider amending WAC 246-850-060, 246-850-140, and 246-850-150.
Anticipate filing
 
 
 
Rachel Phipps
564-233-1277
DOH
Chapter 246-926 WAC, Certification of magnetic resonance imaging technologists.
DOH is considering adding new sections to and updating sections of chapter 246-926 WAC, Radiologic imaging professionals, to implement SHB 2355 (chapter 94, Laws of 2024), which establishes certification of magnetic resonance imaging (MRI) technologists. DOH will also consider minor housekeeping edits and/or updates related specifically to establishing and regulating MRI techs.
24-13-114
 
 
 
 
DOH
Chapter 246-930 WAC, Sex offender treatment providers.
Chapter rewrite based on recommendations from newly established sex offender treatment providers advisory committee.
22-04-057
 
 
 
Lana Crawford
564-669-1455
DOH
WAC 246-976-010 through 246-976-310, 246-976-330 through 246-976-400, 246-976-890, 246-976-920, 246-976-960 and 246-976-970, Emergency medical services (EMS) and trauma care systems.
DOH is considering amending the rules to align with current national standards; make rules more clear, concise, and organized; propose changes to address barriers to initial and renewal application processes; and respond to new legislative requirements. New sections may be added as required.
17-24-013 Withdrawn
22-11-065
New
24-03-061
Anticipate filing
 
Catie Holstein
360-236-2841
DOH
Chapter 246-976 WAC, Emergency medical services (EMS) and trauma care systems.
DOH is considering updating sections of this chapter relating to EMS data to respond to legislative requirements required by SSB 5380, section 19, chapter 314, Laws of 2019. New sections may be added as required.
20-17-011
24-06-084
Anticipate filing
 
Jim Jansen
360-236-2821
DOH
Chapter 246-976 WAC, Emergency medical services (EMS) organ transport.
DOH is considering creating licenses for organ transport vehicles.
23-17-070
24-11-155
Anticipate filing
 
Jason Norris
360-236-2851
DOH
WAC 246-980-100 Examination and reexamination for home care aide certification.
DOH is considering amending WAC 246-980-100 to: (1) Update the home care aide examination process; (2) consider whether the examination must be completed within a certain time period after completing training; and (3) address any other issues identified by DOH or interested parties. DOH also may consider changes to streamline or clarify the rules as appropriate.
23-04-064
 
 
 
Jennifer Osbun
360-236-2737
Examining Board of Psychology
Chapter 246-924 WAC.
The examining board of psychology (board) is considering rule making to implement recommendations developed under 2SHB 1724 (chapter 425, Laws of 2023), to support the behavioral health workforce and lower barriers to licensure. Additionally, the board will consider updating licensure requirements for psychologists.
24-11-055
 
 
 
Nancy Delgado
360-236-4951
Board of Denturists
The board of denturists is considering adopting substantial equivalency standard rules within WAC 246-812-120, 246-812-125, 246-812-159, and other applicable rules in order to comply with 2SHB 1724 (chapter 425, Laws of 2023).
Removing barriers for denturist licensure. The board of denturists is considering updates to reduce licensure barriers, and will address jurisprudence exam and examination requirements for denturists.
24-10-064
 
 
 
Adriana Barcena
360-236-4865
Occupational Therapy Practice Board
Chapter 246-847 WAC: WAC 246-847-051, 246-847-065, 246-847-068, 246-847-070, 246-847-080, 246-847-125, and 246-847-170.
Streamlining occupational therapy licensure and endorsement to implement 2SHB 1724 and updates to the ethics section.
24-01-099
Anticipate filing
 
 
Kathy Weed
360-236-4883
Occupational Therapy Practice Board
Occupational therapy military spouse temporary permits, WAC 246-847-117 and 246-847-990.
The occupational therapy practice board is considering increasing the amount of time a temporary practice permit is good for from 90 days to 180 days throughout the chapter and adding a fee for the temporary practice permit to implement 2SHB 1009.
24-06-055
Anticipate filing
 
 
Kathy Weed
360-236-4883
Pharmacy Quality Assurance Commission
Chapter 246-945 WAC; adding new section pertaining to medication assistance and the settings in which medication assistance occurs.
The pharmacy quality assurance commission and DOH are filing jointly to reinstate rules on medication assistance as permitted under chapter 69.41 RCW.
22-02-015
Anticipate filing
 
 
Joshua Munroe
360-502-5058
Pharmacy Quality Assurance Commission
Pharmacy mobile opioid treatment program units.
The pharmacy quality assurance commission is considering amending WAC 246-945-060 and 246-945-250 and adding new sections in chapter 246-945 WAC to exempt mobile opioid treatment program (OTP) units from having to obtain separate registrations, as long as they are covered under the OTP site's controlled substance registration, and to develop more comprehensive facility requirements for analytical laboratories and dog handlers among other facilities that are licensed under the other controlled substance registration.
23-18-046
 
 
 
Haleigh Mauldin
360-890-0720
Pharmacy Quality Assurance Commission
Chapter 246-945 WAC.
Transfer practices for a dispensed prescription drug for the purpose of redispensing or subsequent administration to a patient.
23-20-115
 
 
 
Joshua Munroe
360-502-5058
Pharmacy Quality Assurance Commission
Chapter 246-945 WAC.
The pharmacy quality assurance commission is considering amending WAC 246-945-055 to remove fenfluramine from the list of Schedule IV substances and adding a new section to chapter 246-945 WAC to establish a list of Schedule IV exemptions.
23-20-119
24-07-067
 
 
Julia Katz
360-791-1167
Pharmacy Quality Assurance Commission
Pharmacy home dialysis programs, chapter 246-945 WAC.
23-21-010
 
 
 
Julia Katz
360-791-1167
Pharmacy Quality Assurance Commission
Pharmacy wildlife capture drug classification, WAC 246-945-507.
23-21-011
24-07-66
 
 
Julia Katz
360-791-1167
Pharmacy Quality Assurance Commission
Prescription transfers, WAC 246-945-345
23-23-051
 
 
 
Julia Katz
360-791-1167
Pharmacy Quality Assurance Commission
Chapter 246-945 WAC, Prescription drug label accessibility standards, WAC 246-945-016 and 246-945-417.
The pharmacy quality assurance commission is opening these rules to consider including prescription label accessibility standards and is also considering new sections to chapter 246-945 WAC on the subject of prescription drug label accessibility.
22-09-065
Anticipate filing
 
 
Joshua Munroe
360-502-5058
Pharmacy Quality Assurance Commission
WAC 246-945-455.
The pharmacy quality assurance commission (commission) is reviewing existing rules (WAC 246-945-455) limiting access to drugs stored outside of the pharmacy in a health care facility to licensed health care professionals. The commission will consider adopting new requirements allowing access to drugs outside the pharmacy by unlicensed staff. The commission will also consider if other disruptions within the health care facilities, resulting from requirements within WAC 246-945-455, are necessary.
23-01-111
Anticipate filing
 
 
Haleigh Mauldin
360-890-0720
Pharmacy Quality Assurance Commission
Chapter 246-945 WAC.
The pharmacy quality assurance commission is considering amending WAC 246-945-585 and creating a new section of rule in the chapter to clarify expectations for wholesalers submitting suspicious order and zero order reports to the commission.
23-10-012
 
 
 
Julia Katz
360-791-1167
Pharmacy Quality Assurance Commission
Amending WAC 246-945-155, 246-945-156, and potentially add a new chapter in 246-945 WAC and potentially adding new section.
Pharmacy interns—Military spouse permits and renewal extension.
24-07-105
 
 
 
Julia Katz
360-791-1167
Pharmacy Quality Assurance Commission
Amending WAC 246-945-001 and 246-945-585 to adjust suspicious order and zero reporting requirement.
23-10-012
 
 
 
Haleigh Mauldin
360-890-0720
Pharmacy Quality Assurance Commission
Incorporations by reference and naloxone.
 
 
 
Anticipate filing
Haleigh Mauldin
360-890-0720
Podiatric Medical Board
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.
Anticipate filing
 
 
 
Tommy Simpson
360-236-4910
Veterinary Board of Governors
WAC 246-933-010 Definitions and 246-933-200 Veterinary client patient relationship.
The veterinary board of governors is considering rule making to amend existing rules and potentially adding a new section of rules to establish additional standards for veterinary telemedicine services.
22-17-101
Anticipate filing
 
 
Poppy Budrow
564-669-0026
Veterinary Board of Governors
Animal health care tasks for and supervision of veterinary technicians and veterinary medication clerks.
The veterinary board of governors is considering updates and revisions to WAC 246-935-050 Animal health care tasks, 246-935-040 Responsibilities of a veterinarian supervising a licensed veterinary technician or unregistered assistant, 246-935-010 Definitions (veterinary technicians), and 246-937-010 Definitions (registered veterinary medication clerks).
23-18-060
 
 
 
Poppy Budrow
564-669-0026
Veterinary Board of Governors
Veterinarian and veterinary technician licensure requirements.
The veterinary board of governors is considering updates to licensure, reactivation, CE, and examination requirements, which may include adding new chapters 246-933 and 246-935 WAC to implement 2SHB 1724 (chapter 425, Laws of 2023) and 2SHB 1009 (chapter 165, Laws of 2023).
24-10-093
 
 
 
Poppy Budrow
564-669-0026
Board of Nursing
Nursing education rules, WAC 246-840-517 and 246-840-534.
The Washington state board of nursing is considering amendments to nursing education rules in response to E2SSB 5582 (chapter 126, Laws of 2023).
23-17-011
Anticipated
 
 
Jessilyn Dagum
360-236-3538
Board of Nursing
Advanced registered nurse practitioner education requirements for licensure, updating definition of graduate-level education.
WAC 246-840-010, 246-840-340, 246-840-342, and other related sections.
24-05-022
Anticipate filing
 
 
Jessilyn Dagum
360-236-3538
Washington Medical Commission
New sections in chapters 246-918 and 246-919 WAC regarding collaborative drug therapy agreements.
20-16-008
 
 
 
Amelia Boyd
360-918-6336
Washington Medical Commission
Physicians and physician assistants general provision for opioid prescribing and tapering rules.
The Washington medical commission (commission) is considering amending the following rules to modernize the language, add clarity, and bring the rules more in line with current practice: WAC 246-918-801 (physician assistants) Exclusions, 246-918-845 (physician assistants) Patient evaluation and patient record—Subacute pain, 246-918-855 (physician assistants) Patient evaluation and patient record—Chronic pain, 246-918-870 (physician assistants) Periodic review—Chronic pain, 246-918-900 (physician assistants) Tapering considerations—Chronic pain, 246-919-851 (physicians) Exclusions, 246-919-895 (physicians) Patient evaluation and patient record—Subacute pain, 246-919-905 (physicians) Patient evaluation and patient record—Chronic pain, 246-919-920 (physicians) Periodic review—Chronic pain, and 246-919-950 (physicians) Tapering considerations—Chronic pain. The commission is considering amending these WAC to modernize the language, add clarity, and bring the rules more in line with current practice.
23-17-094
Anticipate filing
 
 
Amelia Boyd
360-918-6336
Washington Medical Commission
Military spouse temporary practice permits; WAC 246-918-076 (physician assistants) and 246-919-397 (physicians), How to obtain a temporary practice permit—Military spouse.
The commission will consider amending these WAC in response to 2SHB 1009 (chapter 165, Laws of 2023), Military Spouse Employment Act.
23-19-029
Anticipate filing
 
 
Amelia Boyd
360-918-6336
Washington Medical Commission
Establishing the use of nitrous oxide in office-based settings under WAC 246-919-601.
24-11-104
 
 
 
Amelia Boyd
360-918-6336
Washington Medical Commission
Establishing the anesthesiologist assistant profession.
Anticipate filing
 
 
 
Amelia Boyd
360-918-6336
Washington Medical Commission
Removing references to osteopathic physician assistants. The commission is proposing amendments to WAC 246-918-895 and 246-919-945, Pain management specialist—Chronic pain, to align rule language with currently accepted language.
 
 
Anticipate filing
24-15-054
Amelia Boyd
360-918-6336
Washington Medical Commission
Implementation of the physician assistant collaborative practice.
The commission is proposing amendments to chapter 246-918 WAC to implement ESHB 2041 (chapter 62, Laws of 2024), which aims to establish clear guidelines and requirements for the collaboration between physician assistants and supervising physicians. Proposed changes also include clarifying and updating terms.
 
 
Anticipate filing
24-15-055
Amelia Boyd
360-918-6336