DEPARTMENT OF HEALTH

[Filed July 28, 2025, 1:44 p.m.]

Preproposal statement of inquiry was filed as WSR 21-21-105 and 24-08-043.

Title of Rule and Other Identifying Information: Amendments to WAC 246-10-501 Application of brief adjudicative proceedings, in "ADMINISTRATIVE PROCEDURE—ADJUDICATIVE PROCEEDINGS" under the authority of the department of health (department), and WAC 246-11-420 Brief adjudicative proceedings, in "MODEL PROCEDURAL RULES FOR BOARDS." Proposed amendments expand applicability of brief adjudicated proceedings (BAP) to new category types eligible for BAPs.

Hearing Location(s): On September 9, 2025, at 10:00 a.m., via webinar at https://us02web.zoom.us/webinar/register/WN_D4vI05kOSK2GX-SlgZl_AA. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: September 16, 2025.

Submit Written Comments to: Erin Brewster, P.O. Box 47890, Olympia, WA 98504-7890, email Erin.Brewster@doh.wa.gov, https://fortress.wa.gov/doh/policyreview/, beginning the date and time of filing, by August 26, 2025, 11:59 p.m.

Assistance for Persons with Disabilities: Contact Erin Brewster, phone 541-941-5999, TTY 711, email Erin.Brewster@doh.wa.gov, by August 12, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend rules that apply to the adjudicative proceedings authorized to be conducted under the authority of the department (WAC 246-10-501) and those under the authority of a health profession board or commission (WAC 246-11-420). The department is proposing to amend rules in WAC 246-10-501 to expand the list of types of applications eligible for appeals using the BAP process including: Interstate license compacts, milk bank applicants, and 988-line crisis call center applicants. The department is also proposing amendments to WAC 246-11-420 to add interstate license compacts applications and ancillary utilization plan applications as provided by the pharmacy quality assurance commission to the list of applications eligible for appeals using the BAP process for boards and commissions.

Reasons Supporting Proposal: These applicant types are proposed to be added as appeal due process recourse for the denial or revocation of a license or certification in order to streamline application processing while maintaining fairness towards applicants.

Recent changes in Washington state law have created new programs, and licensing opportunities that have expanded the department's application processes. Under the Administrative Procedure Act, RCW 34.05.482, a state agency is authorized in certain circumstances to use BAP to streamline an appeal of an adverse application decision without holding a hearing. WAC 246-10-501 and 246-11-420 outlines under what circumstances or criteria a BAP may be used.

While the rules allow individuals to request an adjudicative proceeding that is not specifically outlined in these rules, these requests are at the discretion of the presiding officer. Adding specific application types to the "approved" list in rule creates consistency in determining qualifications and is more efficient than using the full hearing process.

Statutory Authority for Adoption: RCW 43.70.040, 34.05.413, 34.05.482, 34.05.485, 18.130.050; and chapters 18.71B and 18.74 RCW.

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

Name of Proponent: Department of health, boards, and commissions having disciplining authority under chapter 18.130 RCW, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Erin Brewster, Department of Health, 111 Israel Road S.E., Tumwater, WA 98501, 360-535-7315; Enforcement: Kristin Peterson, Kristin.peterson@doh.wa.gov.

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. This rule is exempt from significant analysis under RCW 34.05.328 [(5)](b)(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party.

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 relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Scope of exemption for rule proposal:

Kristin Peterson, JD

for Dennis E. Worsham

AMENDATORY SECTION(Amending WSR 20-24-047, filed 11/23/20, effective 1/1/21)

WAC 246-10-501Application of brief adjudicative proceedings.

(1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:

(a) A determination whether an applicant for a professional, business, or facility license meets the minimum criteria for an unrestricted license and the department proposes to deny such a license or to issue a restricted license((;)), or a determination that a license holder is ineligible for an expedited license or compact privilege from an interstate compact. For the purposes of this subsection:

(i) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another state to practice or work in the remote state under its laws and rules as outlined in Title 18 RCW for its respective profession.

(ii) "Interstate compact" means an agreement between two or more states that allows a license holder through a streamlined process to become licensed in multiple states. The license holder is under the regulations of the state where the patient/client is located at the time of the patient/client encounter.

(iii) "Remote state" means a member state other than the home state where a license holder is exercising or seeking to exercise the compact privilege.

(b) An application to approve a water system plan under WAC 246-290-100;

(d) An application for source approval under WAC 246-290-130;

(e) An application to approve construction documents under WAC 246-290-120;

(f) An application to approve an existing Group A water system under WAC 246-290-140;

(g) An application for source approval under WAC 246-291-125;

(h) An application to approve a design report under WAC 246-291-120;

(i) An application to approve an existing Group B water system under WAC 246-291-280;

(j) An application to approve a water system plan under WAC 246-291-140;

(k) A decision under WAC 246-293-190;

(l) A decision with respect to service area conflicts under WAC 246-293-430;

(m) An application for approval as a satellite management agency under WAC 246-295-040;

(n) A civil penalty imposed under RCW 70A.125.040 when the amount of the civil penalty does not exceed ((two thousand five hundred dollars))$2,500;

(o) A request to bank nursing home beds under RCW 70.38.111(9);

(p) A determination as to whether a person is in compliance with the terms and conditions of a final order previously issued by the department, except final orders under RCW 18.130.110;

(q) Any approval of a school or curriculum when such approval by the department is required or authorized by statute or rule;

(r) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for license renewal;

(s) A decision to deny, modify, or impose conditions upon an operating permit under WAC 246-294-050;

(t) A decision to deny or revoke certification as a home care aide when a long-term care worker is disqualified from working with vulnerable persons under chapter 74.39A RCW;

(u) A civil penalty imposed against a health carrier or third-party administrator under RCW 70.290.060;

(v) A decision to deny or revoke a credential under RCW 18.108.085(3);

(w) An action to suspend a credential under RCW 18.130.127;

(x) Issuance of written citation and assessment of a fine under RCW 18.130.230;

(y) An action to invalidate a credential that was issued to a person who failed to meet credentialing requirements;

(z) A decision to withdraw a credential issued in error. For the purposes of this rule, "credential issued in error" means a credential issued to an individual who did not fully complete the application process or meet the credentialing requirements yet was inadvertently granted a credential;

(aa) A decision to deny a request for a list of applicants for professional licenses or of professional licensees for commercial purposes under RCW 42.56.070(8);

(bb) A decision to deny or revoke registration of a report or application for an amendment, or withhold or deny issuance of a certification under RCW 70.58A.040 (1)(f);

(cc) A decision to deny a request for data under RCW 70.58A.520; ((or))

(dd) A decision to deny an application for approval of a coordinated quality improvement program, or to revoke approval of a coordinated quality improvement program under RCW 43.70.510;

(ee) A decision to deny or revoke an application for certification of a milk bank for failure to meet minimum standards under WAC 246-720-100; or

(ff) A decision to deny or revoke the application of a 988 crisis line call center application for failure to meet the minimum standards under WAC 246-350-020 and 246-350-030.

(2) If an adjudicative proceeding is requested, in a matter not listed in subsection (1) of this section, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that protection of the public interest does not require that the department provide notice and an opportunity to participate to persons other than the parties and:

(a) Only legal issues exist; or

(b) Both parties have agreed to a brief adjudicative proceeding.

AMENDATORY SECTION(Amending WSR 18-18-050, filed 8/29/18, effective 9/29/18)

WAC 246-11-420Application of brief adjudicative proceedings.

(1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:

(a) A determination whether an applicant for a license meets the minimum criteria for an unrestricted license and the board proposes to deny such a license or to issue a restricted license((;)), or a determination that a license holder is ineligible for an expedited license or compact privilege from an interstate compact. For the purposes of this subsection:

(iii) "Remote state" means a member state other than the home state where a license holder is exercising or seeking to exercise the compact privilege.

(b) A determination whether a person is in compliance with the terms and conditions of a final order previously issued by the board, except final orders under RCW 18.130.110;

(d) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal;

(e) An action to suspend a credential under RCW 18.130.125 and 18.130.127;

(f) Issuance of written citation and assessment of a fine under RCW 18.130.230;

(g) A decision to withdraw a credential issued in error. For the purposes of this rule, "credential issued in error" means a credential issued to an individual who did not fully complete the application process or meet the credentialing requirements yet was inadvertently granted a credential; ((or))

(h) A decision to deny a request for a list of applicants for professional licenses or for professional licensees for commercial purposes under RCW 42.56.070(8); or

(i) A determination to reject or withdraw approval of an ancillary utilization plan pursuant to RCW 18.64A.040 and 18.64A.060.

(2) If an adjudicative proceeding is requested in a matter not listed in subsection (1) of this section, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that:

(a) Only legal issues exist; or

(b) Both parties have agreed to a brief adjudicative proceeding; and

(c) The protection of the public interest does not require that the board provide notice and an opportunity to participate to persons other than the parties.