SOCIAL AND HEALTH SERVICES

(Office of the Secretary)

[Filed October 9, 2025, 10:41 a.m.]

Title of Rule and Other Identifying Information: Amending WAC 388-01-170 May DSHS release information or public records outside of the Public Records Act?

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of social and health services (DSHS) is amending WAC 388-01-170 to incorporate a change in the law that occurred as a result of HB [SHB] 1308, which went into effect July 27, 2025. Specifically, this WAC change reflects the fact that DSHS must now treat requests from current employees for their personnel files as requests under the Public Records Act. The amendment is required and clarifies how DSHS must comply with the Public Records Act when processing such requests.

Reasons Supporting Proposal: This WAC change is necessary in order to maintain alignment with the change in the law.

Statutory Authority for Adoption: RCW 49.12.250.

Statute Being Implemented: RCW 49.12.250.

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

Name of Proponent: Geoff Nisbet, office of information governance, DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Geoff Nisbet, office of information governance, 360-280-1404.

This notice meets the following criteria to use the expedited adoption process for these rules:

Content is explicitly and specifically dictated by statute.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: This WAC change is clearly required by the recent changes to RCW 49.12.240 and 49.12.250.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO DSHS, Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, BEGINNING noon on October 22, 2025, AND RECEIVED BY 5:00 p.m. on December 23, 2025.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 23-19-028, filed 9/12/23, effective 10/13/23)

WAC 388-01-170May DSHS release information or public records outside of the Public Records Act?

(1) A request for information is not a Public Records Act request.

(2) A request to access records under authority other than the Public Records Act is not a Public Records Act request, including but not limited to the following examples:

(((a) Requests by current employees to access their personnel files under RCW 49.12.240;

(b)))(a) Requests by employees and labor unions to access employment records under collective bargaining agreements;

(((c)))(b) Requests by qualified individuals and organizations to access confidential juvenile offender and child welfare records under chapter 13.50 RCW and related federal laws;

(((d)))(c) Requests by qualified individuals or organizations to access confidential child support enforcement records under chapter 26.23 RCW and related federal laws;

(((e)))(d) Requests by qualified individuals or organizations to access confidential adoption records under RCW 26.33.340;

(((f)))(e) Requests for public access to confidential child welfare records under RCW 74.13.500 through 74.13.525;

(((g)))(f) Requests by qualified individuals and organizations to access confidential health care information and medical records under chapter 70.02 RCW and related federal laws;

(((h)))(g) Requests for records pursuant to a contract; and

(((i)))(h) A legal subpoena or court order for DSHS records.