WSR 25-15-148

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed July 22, 2025, 4:27 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 24-23-060.

Title of Rule and Other Identifying Information: Anesthesiologist assistant (AA) profession fees. The department of health (department), in consultation with the Washington medical commission (commission), is proposing new WAC 246-921-990 to implement the licensing and regulation fees for the new profession.     

Hearing Location(s): On August 26, 2025, at 4:00 p.m., virtual via webinar at https://us02web.zoom.us/webinar/register/WN_2GtJJOglR_yWWMVkDCqCug. After registering, you will receive a confirmation email containing information about joining the webinar. The department will be offering a virtual webinar hearing only. Individuals may attend virtually or submit comments in writing.  

Date of Intended Adoption: August 27, 2025.

Submit Written Comments to: Heather Cantrell, P.O. Box 47850, Olympia, WA 98504-7850, email HSQAfeerules@doh.wa.gov, https://fortress.wa.gov/doh/policyreview, beginning the date and time of this filing, by August 26, 2025, at 11:59 p.m.

Assistance for Persons with Disabilities: Contact Heather Cantrell, phone 360-236-4637, TTY 711, email HSQAfeerules@doh.wa.gov, by August 19, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In the 2024 legislative session, the legislature passed SB 5184 (chapter 362, Laws of 2024), codified in chapter 18.71D RCW, that directs the commission to adopt rules necessary for the licensure of AAs. In accordance with RCW 18.71D.020 and 43.70.250, the department is proposing fees to establish and regulate the AA credential. The proposed rule establishes fees that would fund the licensing and regulation of the profession in the state of Washington.

Reasons Supporting Proposal: RCW 43.70.250 and 18.71D.020 grant the department the authority, in consultation with the commission, to establish fees for initial issue, renewal, and reissue of credential professions. The proposed rule meets the intent by establishing licensing fees that regulate the new profession.

RCW 43.70.250 requires that fees must cover regulatory program expenses which necessitates the program(s) to be self-funding and changes to rules are the only way to implement fees. The proposed fees will address the costs and the reserve amounts needed. The department will continue to monitor the finances and propose fee adjustments as needed.

Statutory Authority for Adoption: RCW 43.70.250 and 18.71D.020.

Statute Being Implemented: RCW 18.71D.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Heather Cantrell, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4637; Implementation and Enforcement: Kyle Karinen, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4810.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed rules adjusts fees and therefore are exempt under RCW 34.05.310 (4)(f). The AA credential is an individual license, not a business.

Scope of exemption for rule proposal:

Is fully exempt.

July 22, 2025

Kristin Peterson, JD

Chief of Policy

for Dennis E. Worsham

Secretary of Health

RDS-6194.3

Chapter 246-921 WAC