WSR 23-08-001
AGENDA
DEPARTMENT OF HEALTH
STATE BOARD OF HEALTH
[Filed March 22, 2023, 1:25 p.m.]
January 2023
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 initiates 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.
State Board of Health Rule Making
Authority
WAC and Rule Title
CR-101
WSR #
CR-102
WSR #
CR-103
WSR #
CR-105
WSR #
Program Contact
SBOH
Chapter 246-282 WAC, Sanitary control of shellfish.
SBOH is considering revisions to the chapter to modify harvest control requirements by setting more proactive measures to prevent illnesses and protect public health. The rule revision may also include updating definitions, seed size, and other technical and editorial changes as needed.
22-06-034
 
 
 
Dani Toepelt
360-890-6054
Jocelyn Jones
360-236-3020
Stuart Glasoe
360-236-4111
SBOH
WAC 246-500-055 Human remains reduced through natural organic reduction.
SBOH is proposing administrative edits through exception rule making to correct typographical errors in the rule and clarify rule language without changing its intended effect.
 
23-04-100
 
 
Molly Dinardo
564-669-3455
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
 
 
 
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, 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
 
 
 
Stuart Glasoe
360-236-4111
Ashlie Laydon
SBOH
Chapter 246-272A WAC, On-site sewage systems.
SBOH is considering revisions to the chapter. Priority issues include local management plans, property sale inspections, treatment levels, ultraviolet disinfection, and licensing of operations and maintenance providers. SBOH may consider other technical and editorial changes as needed.
18-06-082
 
 
 
Stuart Glasoe
360-236-4111
Peter Beaton
360-236-4031
Department of Health Rule Making
Authority
WAC and Rule Title
CR-101
WSR #
CR-102
WSR #
CR-103
WSR #
CR-105
WSR #
Program Contact
Board of Denturists
Chapter 246-812 WAC.
The board of denturists is considering adopting health equity continuing education (CE) requirements.
23-02-009
 
 
 
Vicki Brown
360-236-4865
Board of Denturists
Chapter 246-812 WAC.
The board of denturists is considering amending the infection control standards purpose statement in WAC 246-812-501 to ensure policies and procedures are maintained. The board is also considering establishing new sections of rules for requirements of prefabricated implant abutments.
22-05-084
 
 
 
Vicki Brown
360-236-4865
Board of Hearing and Speech
WAC 246-828-100 Over-the-counter hearing aids.
The board of hearing and speech is considering amending WAC 246-828-100 Hearing instruments fitting and dispensingMinimum standards of practice, to be consistent with the Food and Drug Administration finalized rule regarding the sale of over-the-counter hearing aids. The board may also consider clarifying or technical changes as needed.
23-04-023
Anticipate Filing
 
 
Kim-Boi Shadduck
360-236-2912
Board of Hearing and Speech
WAC 246-828-510.
The board of hearing and speech is considering amending this rule to include health equity CE requirements.
23-04-022
Anticipate Filing
 
 
Kim-Boi Shadduck
360-236-2912
Board of Massage
Chapter 246-830 WAC.
The board of massage is considering adopting health equity CE rules.
23-01-132
 
 
 
Megan Maxey
360-236-4945
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.
Anticipate Filing
 
 
 
Megan Maxey
360-236-4945
Board of Massage
WAC 246-830-201, 246-830-485, 246-830-490, 246-830-500, and 246-830-510.
Correcting massage exam names.
21-09-038
22-13-179
22-21-123
Supplemental
Anticipate Filing
 
Megan Maxey
360-236-4945
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.
Anticipate Filing
 
 
 
Megan Maxey
360-236-4945
Board of Naturopathy
WAC 246-836-080 Continuing competency program.
The board of naturopathy is considering amendments to the continuing education rules for naturopathic physicians to ensure that adequate quantity and quality of CE courses are available to meet requirements for each category. Topics that will be considered include pharmacology requirements, accredited organizations, and reporting clarification in response to several rule petitions. Additionally, amendments to address the legislative mandate to create a health equity continuing education requirement will be considered.
21-21-111
Anticipate Filing
 
 
Lana Crawford
564-669-1455
Board of Naturopathy
WAC 246-836-210 Authority to use, prescribe, dispense, and order.
The board of naturopathy is considering rule making regarding the practice of nonsurgical cosmetic procedures in naturopathic practice, including education and training. The board is considering revising WAC 246-836-210 and creating a new section(s) of rule.
20-24-042
Anticipate Filing
 
 
Lana Crawford
564-669-1455
Board of Nursing Home Administrators
WAC 246-843-071 Application, 246-843-090 Administrator-in-training program, 246-843-130 Continuing education requirements, and 246-843-231 Temporary practice permits.
The board of nursing home administrators is considering amending licensure, licensure renewal, health equity CE, and temporary practice permit rules.
23-03-119
Anticipate Filing
 
 
Kendra Pitzler
360-236-4723
Board of Nursing Home Administrators
Chapter 246-843 WAC.
The board of nursing home administrators is considering creating a new section to establish a retired active status for licensed nursing home administrators and amending existing requirements to renew an expired license under WAC 246-843-180.
22-19-058
Anticipate Filing
 
 
Kendra Pitzler
360-236-4723
DOH, in collaboration with the Board of Nursing Home Administrators
WAC 246-843-990 Nursing home administrator fees and renewal cycle.
DOH is opening this rule to establish a retired active status fee if that licensure status is first adopted by the board of nursing home administrators in a separate rule making.
22-13-184
Anticipate Filing
 
 
Kendra Pitzler
360-236-4723
Board of Optometry
WAC 246-851-090 through 246-851-230.
The board of optometry will conduct a review of the CE and related rules to consider increasing the number of allowable online credits. The board may also make clarifications to existing rules and updates to citations as needed. Rule making may include creating new rule sections and repealing existing rule sections.
21-24-102
Anticipate Filing
 
 
Loralei Walker
360-236-4647
Board of Optometry
WAC 246-851-440 through 246-851-470.
The board of optometry is considering updating health professional monitoring program terminology as required by SSB 5496 Health professional monitoring programs.
23-01-046
Anticipate Filing
 
 
Loralei Walker
360-236-4647
Board of Optometry
Chapter 246-851 WAC.
The board of optometry is considering adopting health equity CE requirements.
23-01-076
Anticipate Filing
 
 
Loralei Walker
360-236-4647
Board of Osteopathic Medicine and Surgery
Chapter 246-853 WAC.
The board of osteopathic medicine and surgery is considering adopting health equity CE requirements.
Anticipate Filing
 
 
 
Becky McElhiney
360-236-4766
Board of Osteopathic Medicine and Surgery
WAC 246-853-290, 246-853-300, 246-853-630, 246-853-640, 246-853-662, 246-853-750, and 246-853-990.
The board of osteopathic medicine and surgery and DOH are proposing updates to remove references to osteopathic physicians' assistants in response to the repeal of chapters 246-854 and 246-855 WAC.
 
 
 
Anticipate Filing
Becky McElhiney
360-236-4766
Board of Osteopathic Medicine and Surgery
WAC 246-853-290, 246-853-300, 246-853-310, and 246-853-320.
Substance abuse monitoring program for osteopathic physicians.
The board of osteopathic medicine and surgery is proposing amendments to update rules regarding health profession monitoring programs to update language changes made by SSB 5496 (chapter 43, Laws of 2022).
 
 
 
Anticipate Filing
Becky McElhiney
360-236-4766
Board of Osteopathic Medicine and Surgery
WAC 246-853-650 Safe and effective analgesia and anesthesia administration in office-based settings.
The board of osteopathic medicine and surgery is considering rule amendments in response to a rule petition requesting changes to the definition of the term "minimal sedation."
21-11-025
22-21-129
Anticipate Filing
 
Becky McElhiney
360-236-4766
Board of Osteopathic Medicine and Surgery
WAC 246-853-661 Exclusions.
The board of osteopathic medicine and surgery is considering amendments to expand the types of patients who are exempt from certain provisions of rule when being prescribed opioid drugs. The board will consider the Washington medical commission's recently adopted rules to ensure consistency and alignment with best practices.
22-17-142
Anticipate Filing
 
 
Becky McElhiney
360-236-4766
Board of Physical Therapy
WAC 246-915A-010
Physical therapy compact. Updating reference to new compact rules.
 
23-03-106
Anticipate Filing
 
Allyson McIver
360-236-2878
Board of Physical Therapy
WAC 246-915-120 Foreign educated applicants.
The board of physical therapy is considering updating internet-based test of English as a foreign language scoring requirements to bring them closer in alignment with the Federation of State Boards of Physical Therapy guidelines. The board is considering creating a pathway for foreign trained applicants who hold an active license and have been practicing in the United States for a certain period of time. Additionally, there are some minor edits needed to clarify the language of the rule without changing its effect.
22-17-143
Anticipate Filing
 
 
Allyson McIver
360-236-2878
Board of Physical Therapy
WAC 246-915-085.
The physical therapy board is considering amending continuing education rules to include health equity continuing education.
23-01-047
Anticipate Filing
 
 
Allyson McIver
360-236-2878
Chiropractic Quality Assurance Commission
Chapter 246-808 WAC.
The chiropractic quality assurance commission is considering adopting health equity CE requirements for chiropractors.
22-22-088
 
 
 
Betty Moe
360-236-2868
Chiropractic Quality Assurance Commission
WAC 246-808-201 and 246-808-215.
The chiropractic quality assurance commission is considering adopting health equity CE requirements for chiropractic X-ray technicians.
Anticipate Filing
 
 
 
Betty Moe
360-236-2868
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
WAC 246-817-440 Dental continuing education requirements and 246-817-445 Dental anesthesia assistant continuing education.
Dental provider health equity CE requirements.
23-04-096
Anticipate Filing
 
 
Amber Freeberg
360-236-4893
Dental Quality Assurance Commission
WAC 246-817-801 Intent, 246-817-810 Definitions used relative to substance abuse monitoring, 246-817-820 Approval of substance abuse monitoring programs, and 246-817-830 Participation in approved substance abuse monitoring program.
The dental quality assurance commission is proposing amendments to update rules regarding health profession monitoring programs in line with the passage of SSB 5496.
 
 
 
Anticipate Filing
Amber Freeberg
360-236-4893
Dental Quality Assurance Commission
WAC 246-817-701 through 246-817-790, administration of anesthetic agents for dental procedures.
The dental quality assurance commission is considering amendments to update general requirements. In addition to general updates, the commission is also considering amendments to address 24-hour on-call availability after a complex dental procedure, on-site inspections for all dentists holding sedation permits, and creation of a pediatric sedation endorsement.
17-17-089
22-23-076
Withdrawn
Anticipate Filing New CR-102
 
 
Amber Freeberg
360-236-4893
Dental Quality Assurance Commission
WAC 246-817-905 Exclusions.
The dental quality assurance commission is considering adding residential habilitation centers to the list of opioid prescribing exclusions.
22-20-011
Anticipate Filing
 
 
Amber Freeberg
360-236-4893
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 crisis call center hubs within the 988 national suicide prevention and mental health crisis hotline system.
22-15-084
 
 
 
Michelle Izumizaki
360-236-2601
Ashley Noble
360-236-3776
DOH
Title 246 WAC, Establishing a new chapter relating to rapid health information network data reporting.
17-21-075
Anticipate Filing
 
 
Samantha Fuller
564-669-1964
DOH
WAC 246-803-990, 246-809-990, 246-810-990, 246-815-990, 246-817-990, 246-817-99005, 246-828-990, 246-845-990, 246-915-990, 246-915-99005, 246-930-990, and 246-980-990, fee amendments for multiple professions.
DOH is considering fee amendments for the following professions: Acupuncturist or acupuncture and Eastern medicine practitioner, licensed mental health counselor, licensed advanced social worker and licensed independent clinical social worker, certified counselor, certified adviser, registered agency affiliated counselor, dental hygienist, dentist, registered dental assistant, certified dental anesthesia assistant, licensed expanded function dental auxiliary, audiologist, speech-language pathologist, hearing aid specialist, speech-language pathology assistant, nursing pool operator, physical therapist, physical therapist assistant, sex offender treatment provider, affiliate treatment provider certificate, and home care aide. Additional updates may be considered to ensure clarity and consistency of fees that are standard across all professions.
22-20-067
23-01-133
Anticipate Filing
 
Heather Cantrell
360-236-4637
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
 
 
Jeff Wise
360-236-4987
DOH
Chapter 246-70 WAC, Cannabis product compliance.
DOH is opening this chapter to consider updating the term "marijuana" to "cannabis," examining the definition of compliant product, reviewing compliant product labeling, and aligning quality assurance standards with the Washington state liquor and cannabis board.
22-23-001
Anticipate Filing
 
 
Shannon Angell
360-236-2820
DOH
Chapter 246-220 WAC, Radiation protectionGeneral Provisions; chapter 246-221 WAC, Radiation protection standards; chapter 246-222 WAC, Radiation protectionWorker rights; chapter 246-224 WAC, Radiation protectionRadiation machine assembly and registration; chapter 246-225 WAC, Radiation protectionX-rays in the healing arts; and chapter 246-227 WAC, Radiation protectionIndustrial X-ray.
DOH will consider amending existing rules and may adopt a new chapter to establish radiation safety standards for the use of body scanners capable of detecting contraband contained under clothing and within body cavities, meeting applicable federal and state radiation and safety standards.
22-17-145
 
 
 
Ashlie Laydon
360-236-3000
Richard Montemarano
360-236-3238
DOH
Chapter 246-275 WAC, Establishing a new chapter for on-site nonpotable water systems.
21-17-04
 
 
 
Jocelyn Jones
360-236-3020
DOH
WAC 246-254-053 Radiation machine facility fees.
23-04-060
 
 
 
Nina Helpling
360-236-3065
DOH
WAC 246-282-990(4), Sanitary control of shellfishFees, annual paralytic shellfish poisoning testing fee redistribution
23-04-061
 
 
 
Peter Beaton
360-236-4031
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.
Anticipate Withdrawal
18-17-045
Anticipate Filing New CR-101
 
 
 
Susan Upton
360-236-2948
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
WAC 246-337-040 Construction review services requirements.
DOH is considering updating residential treatment facility rules to reflect upcoming changes to the Washington state building code.
20-07-124
 
 
 
John Hilger
360-236-2929
DOH
WAC 246-341-0515 PersonnelAgency staff requirements. DOH is considering amending WAC 246-341-0515 and possible other sections in response to a rule petition requesting the addition of board certified psychiatric pharmacists in the definition of mental health professional.
Anticipate Filing
 
 
 
Julie Tomaro
360-236-2937
DOH
Chapter 246-341 WAC, Behavioral health agency licensing and certification; chapter 246-337 WAC, Residential treatment facility; and chapter 246-320 WAC, Hospital licensing regulations.
Phase three of a multiphase project to modernize licensing and certification requirements.
Anticipate Filing
 
 
 
Julie Tomaro
360-236-2937
DOH
Chapter 246-358, Temporary worker housing.
DOH is considering revisions to increase protections for housing occupants from communicable diseases such as COVID-19.
20-19-047
 
 
 
Juan Gamez
360-236-3074
Nina Helpling
360-236-3065
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, HospitalsSystem 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
 
 
 
Carrie Baranowski
360-236-4210
DOH
WAC 246-480-010, 246-480-070, 246-480-080, and 246-480-990 within chapter 246-480 WAC, Drug take-back program.
DOH is considering rule making to align existing rules with 2SHB 1161 (chapter 155, Laws of 2021) and adopt other amendments necessary to regulate the state drug take-back program, also known as the "safe medication return" program. Amendments may include clarifying how multiple program operators participate in the drug take-back program, setting fees, and other changes as appropriate.
22-01-170
Anticipate Filing
 
 
Mary Kellington
360-236-2988
DOH
Chapter 246-490 WAC, Vital statistics; and chapter 246-491 WAC, Vital statisticsCertificates.
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
 
 
 
Kelly Thomson
360-236-2274
DOH
Chapter 246-720 WAC, Donor human milk bank standards.
DOH is considering creating a new chapter to adopt safety standards for human milk banks.
22-15-044
Anticipate Filing
 
 
Shevonne Tsegaye
564-669-4454
Karen Mullen
360-515-8279
Ashley Noble
360-628-3776
DOH
Chapter 246-770 WAC, Fruit and vegetable incentives.
DOH is considering creating a new chapter to implement a fruit and vegetable incentives program.
21-01-186
Anticipate Filing
 
 
Alyssa Auvinen
360-999-8967
Ashley Noble
360-236-3776
DOH
Chapter 246-780 WAC, Electronic benefit payments for farmers' 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.
Anticipate Filing
 
 
 
Katherine Flores
360-742-4543
Steve Strong
360-742-2930
DOH
Chapter 246-805 WAC, Applied behavior analysis. Chapter review.
20-18-067
Anticipate Filing
 
 
Kendra Pitzler
360-236-4723
DOH
Chapter 246-809 WAC, Licensure for mental health counselors, marriage and family therapists, and social workers.
Amending the topics of education, recordkeeping, mandatory reporting, supervision, approved supervisor, continuing education, and other licensing standards and to make needed clarifications and technical changes
18-11-029
Anticipate Filing
 
 
Brandon Williams
360-236-4611
DOH
WAC 246-810-010, 246-810-011, 246-810-012, 246-810-015, and 246-810-018.
Implementation of E2SHB 1504 to define "student intern" as part of agency affiliated counselor.
21-21-036
Anticipate Filing
 
 
Ted Dale
360-236-2991
DOH
Chapter 246-810 WAC.
Health equity CE requirements for certified counselors and advisors.
22-23-003
Anticipate Filing
 
 
Ted Dale
360-236-2991
DOH
WAC 246-811-070, 246-811-076, and 246-811-300.
Substance use disorder professionals (SUDPs) and substance use disorder professional trainees (SUDPTs).
DOH is considering updating the chapter to amend national certification requirements, include pharmacists as a profession eligible for the alternative training program, remove AIDS training from the probationary licensure requirements, and make other housekeeping updates as appropriate.
22-03-052
Anticipate Filing
 
 
Ted Dale
360-236-2991
DOH
WAC 246-811-220, 246-811-230, 246-811-240, 246-811-250, 246-811-280, and creating a new section in chapter 246-811 WAC.
SUDPs and SUDPTs.
Health equity CE requirements for SUDPs. DOH may also consider additional changes to update, clarify, and streamline these rule sections as appropriate.
22-23-002
Anticipate Filing
 
 
Ted Dale
360-236-2991
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.
18-10-059
Anticipate Filing
 
 
Tommy Simpson
360-402-9423
DOH
Chapter 246-824 WAC, Dispensing optician, health equity CE requirements.
23-01-097
Anticipate Filing
 
 
Kristina Bell
360-236-4841
DOH
Chapter 246-825 WAC.
Genetic counselor health equity CE requirements.
22-24-002
Anticipate Filing
 
 
Kristina Bell
360-236-4841
DOH
WAC 246-827-0010, 246-827-0110, 246-827-0120, 246-827-0200, 246-827-0300, 246-827-0400, and 246-827-0610, medical assistants.
DOH is considering rule amendments to several sections of medical assistant rules to update credentialing requirements and ensure that the rules are current and align with best practices. DOH will also consider adding a new section to address telemedicine supervision. This filing supersedes a previous filing on this topic under WSR 21-18-101 filed on August 31, 2021.
22-04-072
Anticipate Filing
 
 
Becky McElhiney
360-236-4766
DOH
Chapter 246-834 WAC, Midwives.
Limited prescriptive license.
DOH is considering creating new rule sections and amending existing sections to implement SSB 5765 (chapter 289, Laws of 2022). This bill creates two levels of limited prescriptive license extension for midwives to prescribe, obtain, and administer medications and therapies for the prevention and treatment of common prenatal and postpartum conditions, family planning methods, medical devices and implants. The bill also gives the secretary the authority to establish education requirements. DOH will also replace gendered terms with gender-neutral terms throughout the chapter. DOH intends to open the complete chapter for these potential revisions.
22-15-083
 
 
 
Kathy Weed
360-236-4883
DOH
New chapter 246-835 WAC, Birth doula.
DOH is considering establishing a new chapter to implement ESHB 1881 (chapter 217, Laws of 2022).
This bill creates a new certified profession, birth doula, under Title 18 RCW. The law requires the department to create rules for the profession, which are needed to establish processes for applicants to meet competency-based requirements for voluntary certification. Additionally, rule making is needed to specify various fees such as initial licensure, renewal, late renewal, duplicate license, and verification.
22-14-105
Anticipate Filing
 
 
Kathy Weed
360-236-4883
DOH
New WAC 246-847-991 Occupational therapy compact (compact) fees and renewal cycle.
DOH is considering establishing a new section of rule to implement SB 5518, which creates a new interstate compact for occupational therapy and gives member states the discretion to charge a fee for granting compact privileges. DOH is considering adopting rules to specify the fees, as well as to ensure clarity and consistency of fees that are standard across all professions.
22-20-014
Anticipate Filing
 
 
Kathy Weed
360-236-4883
DOH
WAC 246-841-520 Expired license, 246-841-720 Mandatory reporting, and 246-841-990 Fees, in new chapter 246-841A WAC; and repealing WAC 246-841-520, 246-841-720, and 246-841-990, as part of an update and consolidation of chapters 246-841 and 246-842 WAC into a new chapter 246-841A WAC.
DOH, in consultation with the nursing care quality assurance commission, is considering amending and consolidating nursing assistant rules regarding expired licenses, mandatory reporting, and fees.
DOH may consider amendments to the existing language of WAC 246-841-520 and 246-841-720.
22-08-019 Withdrawn
23-04-056 New
Anticipate Filing
 
 
Ross Valore
360-236-4531
DOH
Chapter 246-850 WAC.
Orthotics and prosthetics health equity CE.
23-01-099
 
 
 
Kristina Bell
360-236-4841
DOH
Chapter 246-926 WAC, Radiological technologists.
DOH is considering revisions to clarify, streamline, and modernize the rules for cardiovascular invasive specialists, radiologic technologists, radiologist assistants, and X-ray technicians.
19-16-115
Anticipate Filing
 
 
Kim-Boi Shadduck
360-236-2912
DOH
Chapter 246-930 WAC, Sex offender treatment providers.
Chapter rewrite based on recommendations from newly established sex offender treatment provider (SOTP) advisory committee.
22-04-057
 
 
 
Brandon Williams
360-236-4611
DOH
WAC 246-930-410.
SOTP health equity CE requirements, considering adding to existing CE requirements.
23-04-058
 
 
 
Brandon Williams
360-236-4611
DOH
Chapter 246-803 WAC.
Acupuncture and Eastern medicine practitioner health equity CE requirements.
23-02-019
 
 
 
Vicki Brown
360-236-4865
DOH
Chapter 246-928 WAC.
Respiratory care practitioner health equity CE requirements.
22-23-005
Anticipate Filing
 
 
Ted Dale
360-236-2991
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
 
 
 
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
 
 
 
Jim Jansen
360-236-2821
DOH
WAC 246-976-580 Trauma designation process and 246-976-700 Trauma service standards; criteria for minimum and maximum distribution of trauma services.
21-03-011
Anticipate Filing
 
 
Anthony Partridge
360-236-2411
DOH
WAC 246-980-010 Definitions for home care aide rules.
DOH is considering amending WAC 246-980-010 to redefine "date of hire" for home care aides and to implement ESHB 1120, passed in the 2021 legislative session.
21-16-100
Anticipate Filing
 
 
Stacey Saunders
360-236-2813
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 the department or interested parties. DOH may also consider changes to streamline or clarify the rules as appropriate.
23-04-064
 
 
 
Stacey Saunders
360-236-2813
Nursing Care Quality Assurance Commission
WAC 246-840-095 Temporary practice permits.
22-06-057
 
 
 
Jessilyn Dagum
360-236-3538
Nursing Care Quality Assurance Commission
WAC 246-840-010, 246-840-700, and 246-840-910 through 246-840-970.
The nursing care quality assurance commission is considering amending the blood glucose testing and monitoring rules.
23-02-037
 
 
 
Jessilyn Dagum
360-236-3538
Nursing Care Quality Assurance Commission
WAC 246-840-365 Inactive and reactivating an ARNP license and 246-840-367 Expired license.
22-12-090
23-01-134
 
 
Jessilyn Dagum
360-236-3538
Nursing Care Quality Assurance Commission
Chapter 246-840 WAC, Practical and registered nursing, advanced practice pain management rules. Opioid prescribing.
19-15-092
Anticipate Filing
 
 
Jessilyn Dagum
360-236-3538
Nursing Care Quality Assurance Commission
Chapters 246-841 and 246-842 WAC, nursing assistants chapter review.
21-05-021
Anticipate Filing
 
 
Jessilyn Dagum
360-236-3538
Occupational Therapy Practice Board
WAC 246-847-065 Continuing competency.
The occupational therapy practice board is considering amendments to include a health equity CE requirement.
23-02-040
 
 
 
Kathy Weed
360-236-4883
Pharmacy Quality Assurance Commission
Chapter 246-945 WAC.
The pharmacy quality assurance commission is considering a new section of rule to implement SSB 6086, an act relating to increasing access to medications for people with opioid use disorder.
20-17-123
Anticipate Filing
 
 
Joshua Munroe
360-236-2987
Pharmacy Quality Assurance Commission
New sections in chapter 246-945 WAC 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
360-236-2987
Pharmacy Quality Assurance Commission
Chapter 246-945 WAC.
The pharmacy quality assurance commission is considering adding a new section to the chapter to allow retired pharmacists to apply for a retired active pharmacist license status and practice pharmacy under certain conditions. The commission may also amend other sections in chapter 246-945 WAC to correspond to the new section.
21-09-063
22-20-101
Anticipate Filing
 
Joshua Munroe
360-236-2987
Pharmacy Quality Assurance Commission
New WAC 246-945-486 Return and reuse of unexpired medicationsDepartment of corrections and new 246-945-488 Safe donation of unexpired prescription drugs.
The pharmacy quality assurance commission is proposing new sections in chapter 246-945 WAC for the implementation of SSB 6526, an act relating to the reuse and donation of unexpired prescription drugs.
20-17-143
22-20-100
23-03-109 Supplemental
Anticipate Filing
 
Joshua Munroe
360-236-2987
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
360-236-2987
Pharmacy Quality Assurance Commission
WAC 246-945-162 Pharmacist license qualifications, 246-945-200 Pharmacy assistants, and 246-945-205 Pharmacy technician certification.
The pharmacy quality assurance commission is proposing permanent amendments to remove specific requirements for AIDS education requirements. These amendments are in response to the repeal of statutory authority for specific AIDS education trainings by ESHB 1551 (chapter 76, Laws of 2020). Other formatting changes are also proposed.
 
 
Anticipate Filing
22-22-092
Joshua Munroe
360-236-2987
Pharmacy Quality Assurance Commission
WAC 246-945-178 Pharmacist continuing education and 246-945-220 Pharmacy technicianContinuing education.
The pharmacy quality assurance commission is considering establishing minimum standards for health equity CE training programs.
23-01-113
Anticipate Filing
 
 
Joshua Munroe
360-236-2987
Pharmacy Quality Assurance Commission
WAC 246-945-455.
The pharmacy quality assurance commission 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
 
 
Joshua Munroe
360-236-2987
Pharmacy Quality Assurance Commission
Chapter 246-861 WAC; and WAC 246-901-061 Continuing education requirements.
The pharmacy quality assurance commission is seeking to repeal CE requirements established in chapter 246-861 WAC and WAC 246-901-061 as such requirements are also in practice in more current sections of rule, WAC 246-945-178 and 246-945-220.
 
 
Anticipate Filing
23-05-010
Joshua Munroe
360-236-2987
Podiatric Medical Board
WAC 246-922-300 and 246-922-310.
The podiatric medical board is considering amending existing CE rules to include health equity CE requirements.
23-05-029
 
 
 
Lana Crawford
564-669-1455
Podiatric Medical Board
WAC 246-922-400, 246-922-405, 246-922-410, and 246-922-415, substance abuse monitoring program for podiatric physicians.
The podiatric medical board is proposing amendments to update rules regarding health profession monitoring programs to update language changes made by SSB 5496 (chapter 43, Laws of 2022).
 
 
 
Anticipate Filing
Lana Crawford
564-669-1455
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
 
 
Loralei Walker
360-236-4647
Veterinary Board of Governors
WAC 246-933-501 through 246-933-550, repealing 246-933-530, and adding a new section.
The veterinary board of governors is considering authorizing animal care and control agencies and nonprofit humane societies to provide full veterinary service to low-income households.
20-01-013
22-04-087
23-03-110
Supplemental
Anticipate Filing
 
Loralei Walker
360-236-4647
Veterinary Board of Governors
WAC 246-933-601 through 246-933-630.
The veterinary board of governors is considering updating health professional monitoring program terminology as required by SSB 5496 Health professional monitoring programs.
23-01-048
Anticipate Filing
 
 
Loralei Walker
360-236-4647
Veterinary Board of Governors
WAC 246-935-060 Eligibility for examination as veterinary technician.
The veterinary board of governors is considering amending WAC 246-935-060 to clarify that a board-approved apprenticeship program is a pathway for veterinary technician licensure.
Anticipate Filing
 
 
 
Loralei Walker
360-236-4647
Veterinary Board of Governors
Chapter 246-933 WAC, Veterinarians; and chapter 246-935 WAC, Veterinary technicians.
The veterinary board of governors is considering adopting health equity CE requirements.
23-01-045
Anticipate Filing
 
 
Loralei Walker
360-236-4647
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
Chapter 246-918 WAC; and chapter 246-919 WAC.
The Washington medical commission is considering adding physician assistant and allopathic physician health equity CE requirements.
23-05-054
Anticipate Filing
 
 
Amelia Boyd
360-918-6336