WSR 25-14-078
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Home and Community Living Administration))
((Residential Care Services)
[Filed June 30, 2025, 11:50 a.m.]
Subject of Possible Rule Making: The department of social and health services (department) is seeking to correct references to repealed pharmacy codes in chapter 246-865 WAC, Pharmaceutical services—Extended care facility; and chapter 246-888 WAC, Medication assistance, in: Adult family homes: WAC 388-76-10440 Medication—Assessment—Identification of amount of assistance needed when taking medications, and 388-76-10450 Medication—Self-administration with assistance; assisted living facilities: WAC 388-78A-2320 Intermittent nursing services systems, and 388-78A-2250 Alteration of medications; enhanced services facilities: WAC 388-107-0320 Medication services; and nursing homes: WAC 388-97-3780 Pharmacies in new construction, and 388-97-1300 Pharmacy services. The department is considering amending WAC 388-76-10450 Medication—Self-administration with assistance, 388-78A-2032 Assisted living facility license not required, and other related rules as may be required to implement SHB 1720 (chapter 26, Laws of 2025).
Statutes Authorizing the Agency to Adopt Rules on this Subject: Adult family homes: RCW
70.128.040 Negotiated rule making.
Assisted living facilities: RCW
18.20.090 Rules, regulations, and standards.
Enhanced services facilities: RCW
70.97.230 Rules for implementation of chapter.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this change is to correct references to repealed codes in chapters 246-865 and 246-888 WAC to the updated chapter 246-945 WAC. In 2021, the pharmacy quality assurance commission (PQAC) completed a process of consolidating and reorganizing chapters of pharmacy rules under Title 246 WAC into one chapter of PQAC rules. During this process, there were several pharmacy chapters that were repealed and replaced by chapter 246-945 WAC. The rules still exist; however, the citation has changed, making it necessary for the department to correct the references to the inactive pharmacy codes.
This rule making is necessary to implement SHB 1720 (chapter 26, Laws of 2025). The amendments to WAC 388-76-10450 will align with the updated terminology in SHB 1720 by removing the phrase "prefilled insulin syringes" and replacing it with "setting up diabetic devices for self-administration or handing injectable medications to an individual for self-administration." The amendments to WAC 388-78A-2032 will align with the updated terminology in SHB 1720 by removing the following language, "Medication assistance which may include reminding or coaching the nonresident individual, opening the nonresident individual's medication container, using an enabler, and handing prefilled insulin syringes to the nonresident individual" and replacing it with "Medication assistance which may include reminding or coaching the nonresident individual, opening the nonresident individual's medication container, using an enabler, with setting up diabetic devices for self-administration or handing injectable medications to an individual for self-administration."
Process for Developing New Rule: Negotiated rule making; and collaborative rule making. The department invites the public to give input on the draft language for proposed rule changes. More information is available by contacting the residential care services policy unit as provided below.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tiffany Meyers, P.O. Box 45600, Olympia, WA 98504, fax 360-438-7903, TTY 711 relay service, email rcspolicy@dshs.wa.gov.
June 30, 2025
Katherine I. Vasquez
Rules Coordinator