Rule-Making Activity

The Pharmacy Quality Assurance Commission is proposing to amend WAC 246-945-345 and add a new section, WAC 246-945-346 to establish the expectations of pharmacies related to noncontrolled and controlled substance prescription transfers upon patient request.

The State Board of Health (board) is considering creating a new chapter (chapter 246-370 WAC) of draft rules for school environmental health and safety. The board will consider establishing minimum statewide health and safety standards for schools, formalizing school environmental health and safety inspection procedures, and repealing chapters 246-366 and 246-366A WAC.

The Department of Health is considering establishing chapter 246-385 WAC as a new chapter of rules to set inspection and operational standards for private detention facilities, health and safety standards for detained persons, and issuance of civil penalties pursuant to Second Substitute House Bill 1470 (2SHB 1470), chapter 419, Laws of 2023.

The Washington State Department of Health (DOH) is proposing to add NSF/ANSI 40 testing to WAC 246-272A-0110.

The Washington State Department of Health (DOH) is proposing amendments to WAC 246-817-990, 246-853-990, 246-918-990, 246-919-990, 246-922-990, and 246-933-990 to update fee changes made by House Bill (HB) 1972 (chapter 15, Laws of 2024) codified in RCW 18.71.310, 18.71A.020, 18.57.015, 18.22.250, 18.32.534, and 18.92.047. DOH is also proposing to correct an error in the fee table in WAC 246-828-990 to ensure it accurately reflects the fees that are being charged for the speech-language pathologist inactive license.

The Examining Board of Psychology is adopting emergency rules to amend WACs 246-924-010, 246-924-046, 246-924-053, 246-924-095, and 246-924-100, establish 246-924-048 and 246-924-0481, and repeal 246-924-047 in chapter 246-924 WAC to implement parts of 2SHB 1724 (chapter 425, Laws of 2023). These emergency rules continue emergency rules initially filed on June 18, 2024, under WSR 24-14-079. The rules also incorporate an additional amendment, reducing the minimum amount of direct, face-to-face individual supervision from 2 hours per 20 hours of pre-internship experience to 1 hour per 20 hours. These emergency rules will be continued while permanent rules filed under WSR 24-11-005 on May 2, 2024, are in progress.

The Examining Board of Psychology (board) proposes amending WAC 246-924-230 to establish health equity CE requirements to implement Engrossed Substitute Senate Bill (ESSB) 5229 (Chapter 276, Laws of 2021). Additionally, the board is proposing amendments to WACs 246-924-240, 246-924-250, 246-924-255, 246-924-300, and 246-924-330. These amendments improve clarity and remove outdated language.

The Examining Board of Psychology adopted amendments to WAC 246-924-230 to establish health equity continuing education (CE) requirements and implement Engrossed Substitute Senate Bill (ESSB) 5229 (Chapter 276, Laws of 2021). The adopted rule requires two hours in health equity CE every three years, rather than four years, and is absorbed into the existing number of CE hours required. It does not change the total number of CE hours required for the profession and aligns with licensed psychologists’ three-year CE cycle. Additionally, the board adopted amendments to improve clarity and remove obsolete language, including provisions that allowed the board to permit CE from another jurisdiction to fulfill Washington’s CE requirements and to waive CE requirements for a retired psychologist who wishes to maintain active licensure.

The Examining Board of Psychology is considering amending, repealing, and creating new sections in chapter 246-924 WAC. Rule amendments will be considered to implement recent legislation to reduce barriers to entering and remaining in the behavioral health care workforce; streamline and shorten the credentialing process; establish a psychological associate license; amend the licensure process for experienced psychologists licensed outside of Washington.

Additionally, this rulemaking project will continue work started under WSR 23-06-041, under which the board began considering amendments related to licensure requirements, changes to the national examination, supervision requirements, the role of technology and telepsychology in the profession, and additional options for sanctions.

The Washington State Department of Health (DOH) is proposing to relocate the public records requirements, currently located in chapter 246-08 WAC, to a new chapter in Title 246 WAC—chapter 246-02 WAC—and expand and clarify the requirements to reflect current state law and agency procedures. DOH is also proposing to update the references to the public records rules in WAC 246-08-480 and repeal the outdated rules regarding public records in WAC 246-08-420, 246-08-440, 246-08-450, and 246-08-990.

The Washington State Department of Health (DOH) is considering creating a new chapter within Title 246 WAC regarding public records. DOH is considering amending and relocating its existing public records rules in chapter 246-08 WAC and adopting new rules as necessary. Changes under consideration are a result of changes in statutes, changes in internal operations, staffing reorganization, and an effort to provide clear, concise, and reasonable rules.

The Department of Health is considering updating public water system fees to generate sufficient income to cover costs of the program. This may include updating or restructuring existing fees or creating new fees.

The Department of Health (department) is adopting an increase in fees to cover the costs of operating the Radiation Machine Facility Program. The department is also adopting changes to machine categories within the fee schedule to allow the department to better track and manage X-ray machines across Washington. This will allow the department to be more efficient in regulatory and inspection processes.

The Department of Health adopted amendments to revise radiation protection standards, packaging, and transportation of radioactive material.  This rule is required to comply with RCW 70A.388.040, State Radiation Control Agency, and RCW 70A.388.110, Federal-state agreements.

The Department of Health is considering amending radioactive material licenses and licensee's fees to cover operating costs for the following: Small business discount provision and optional fee payment schedule applicable to radioactive materials licensees; Fees for specialized radioactive material licenses; Fees for medical and veterinary radioactive material use Fees for industrial radioactive material licenses; Fees for laboratory radioactive material licenses; and Fees for licensing and compliance actions.

The Washington State Department of Health (DOH) is proposing a 31% fee increase for radioactive materials licenses to cover operating costs but not proposing any new license categories. DOH is proposing to remove the 50% discount for additional sites and the 25% small business discount because they are unfunded. 

The Washington State Department of Health (DOH) adopted increases in radioactive material licensing fees in chapter 246-254 WAC to cover operating costs for: small business discount provision and optional fee payment schedule applicable to radioactive materials licensees; specialized radioactive material licenses; medical and veterinary radioactive material use; industrial radioactive material licenses; laboratory radioactive materials licenses; and licensing and compliance actions. When adopted rules increase the fees 31% across all of the licenses, do not add any new license categories, removes the 50% discount for additional sites, and removes the 25% small business discount.

The Department of Health adopted amendments to chapter 246-926 WAC to clarify, streamline, and modernize the regulations of cardiovascular invasive specialists, diagnostic radiologic technologists, therapeutic radiologic technologists, nuclear medicine technologists, radiologist assistants, and x-ray technicians. This includes removing outdated provisions, updating outdated terms and citations, clarifying credentialing and competency requirements, clarifying allowable duties for radiological technologists and x-ray technicians, repealing, and adding new sections of rule, and renaming the chapter to better reflect all types of professions credentialed under the chapter. The adopted rules establish enforceable licensing requirements and safety mechanisms for patients receiving imaging services.

The Washington State Department of Health (DOH) updated the federal regulations publication date from 2023 to the most recently adopted 2024 version previously adopted by reference. This amendment makes no changes to any requirements previously adopted but is required for DOH to receive delegation of the Radionuclide Air Emissions Program from the U.S. Environmental Protection Agency.

The Department of Health adopted national standards sources of radionuclide emissions by reference. This rulemaking updates the reference to national standards for sources of radionuclide emissions federal regulations to the most recent version, adopted in 2023.

Nina D. Helpling

Department of Health

PO Box 47820 Olympia, WA 98504-7820

radruleupdates@doh.wa.gov

The Department of Health is Proposing amendments for substance use disorder and their trainees, to reduce barriers to certification. This includes removing the requirement to verify educational coursework for applicants with a national certification, making pharmacists eligible for the alternative training pathway in, and removing the obsolete AIDS training from the list of probationary license requirements.

The Washington State Department of Health (DOH) is proposing an amendment to the federal rule publication date to conform to adopt national standards in WAC 246-247-035 for U.S. Environmental Protection Agency (EPA) requirements for radionuclide emissions.

The Pharmacy Quality Assurance Commission has adopted a revision to WAC 246-945-100, Compounding minimum standards, to update the rule to the most recent version of the USP – National Formulary <795> and <797>. This will capture the revisions to the USP <795> and <797>, which have been made official since WAC 246-945-100 became effective on July 1, 2020.

The Washington State Board of Nursing is proposing new sections of rule, WAC 246-840-835 and 246-840-935, and amendments to WAC 246-840-930 and 246-840-940 to implement Substitute House Bill (SHB) 1124 (chapter 14, Laws of 2022) to expand the delegation of glucose monitoring and testing to all settings where Nursing Assistant -Registered and Nursing Assistant-Certified individuals work. Additionally, the board is proposing changes to supervision and valuation timeframes to align with SHB 1124.

The Washington State Board of Nursing (board) is considering amendments to WAC 246-840-015 through WAC 246-840-260 to clarify and update outdated language, rewrite and reformat existing rules to reflect current best practices, and restructure sections as necessary. This rulemaking is Phase 1 of the board’s formal review process. The board will consider additional topics to reduce barriers and simplify regulations for multistate licensure applicants, reduce barriers for applicants educated outside the United States, and explore limiting NCLEX attempts before remediation. The board also plans to address impacts from upcoming proposals from bills passed in the 2025 Legislative Session.

Substitute Senate Bill (SSB) 6086, passed in 2020, allows a pharmacy to extend its pharmacy license to a remote dispensing site where technology is used to dispense medications for the treatment of Opioid Use Disorder (OUD) or its symptoms. The Pharmacy Quality Assurance Commission adopted rules that establish the minimum standards for OUD medication remote dispensing sites. Adopted rules reflect standards, restrictions and requirements set in statute.

The minimum standards must address who may access medications at the remote dispensing site pursuant to a valid prescription or chart order. The minimum standards must also require that the pharmacy is responsible for stocking and maintaining a perpetual inventory of the OUD medications stored in or at the remote dispensing site (referred to as the “supplying pharmacy” in the rule language).

Current rules in chapter 246-945 WAC cover requirements for drugs stored outside of a pharmacy but restrict their location to a facility that is otherwise able to store and possess drugs (i.e., a licensed pharmaceutical firm). The adopted rule, WAC 246-945-457, is necessary to establish enforceable minimum standards as directed by SSB 6086 for OUD medication remote dispensing sites. As the statute specifically requires rulemaking, no other alternatives were considered.

Effective Date of Rule: May 7, 2023.

Purpose: WAC 246-840-365 Inactive and reactivating an ARNP license and 246-840-367 Expired license. The nursing care quality assurance commission (commission) is adopting amendments to WAC 246-840-365 and 246-840-367 to remove nonevidence-based licensure requirements for inactive and reactivating advanced registered nurse practitioner (ARNP) licenses.

Amendments to WAC 246-840-365 and 246-840-367 are currently enacted under emergency rule, and the commission is adopting the amendments into permanent rule. The requirements include completion of 250 hours of advanced clinical practice for each designation within the past two years. If the ARNP has not satisfied the advanced clinical practice requirements, the requirements include completion of at least 250 hours of supervised advanced clinical practice hours and the need to obtain an interim permit to complete the practice hours.

For ARNPs whose license has been expired for less than two years, the rule removes the requirement for ARNPs who do not meet required advanced clinical practice requirements to complete 250 hours of supervised advanced clinical practice for every two years the ARNP has been out of practice and the need to obtain an interim permit to complete the practice hours.

Housekeeping amendments remove "of chapter 246-12 WAC, Part 2" in subsection (1)(a) and replaces [it] with "for initial and renewal credentialing of practitioners as identified under WAC 246-12-020 through 246-12-051[.]"

The commission is adopting amendments to current rules identified as barriers to the provision of services both in emergency response and during regular operations.

Citation of Rules Affected by this Order: Amending WAC 246-840-365 and 246-840-367.

Statutory Authority for Adoption: RCW 18.79.010, 18.79.110, and 18.79.250.

Adopted under notice filed as WSR 23-01-134 on December 20, 2022.

A final cost-benefit analysis is available by contacting Jessilyn Dagum, P.O. Box 47865, Olympia, WA 98504-7864 [7865], phone 360-236-3538, fax 360-236-4738, TTY 711, email ncqac.rules@doh.wa.gov, website www.nursing.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: January 27, 2023.

The Board of Osteopathic Medicine and Surgery and the Department of Health are removing references to Osteopathic Physician Assistants by adopting changes to WAC 246-853-290, 246-853-300, 246-853-630, 246-853-640, 246-853-662, 246-853-750, and 246-853-990. The adopted amendments will remove obsolete language and align the rules with recent statute changes.

The Pharmacy Quality Assurance Commission is proposing to add a new subsection to WAC 246-945-055 to utilize the commission’s authority, to delete substances designated as a Schedule IV controlled substance. The commission is also proposing to create a new section, WAC 246-945-05001, to establish a list of exempted substances from RCW 69.50.204, RCW 69.50.206, RCW 69.50.208, RCW 69.50.210, and RCW 69.50.212, including fenfluramine.

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 Joshua Munroe, Pharmacy Quality Assurance Commission, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-2987, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY January 3, 2023.

Effective August 9, 2024, the Washington State Department of Health is rescinding emergency rules which suspend the requirement for home care aides to complete testing within two years of training (filed as WSR 24-13-001 on June 5, 2024). The emergency rules are being rescinded because permanent rules filed as WSR 24-15-025 supersede the emergency rule.

The Washington State Department of Health (DOH) rescinded the Interpretive Statement titled Health Equity Continuing Education for Midwives, HSQA OHP MW01, which was filed December 22, 2023, and published in WSR 24-02-024. WA-DOH is rescinding this interpretive statement because it was permanently incorporated into WAC 246-834-355 as published in WSR 24-10-091 filed April 30.

The Emergency rule amending specific training requirements for Nursing Assistant Certified (NAC) and Nursing Assistant Registered (NAR) has been rescinded with an effective date of November 4, 2023, because it has been replaced by permanent rules in chapter 246-841A WAC.

The board is rescinding this emergency rule which amended specific training requirements for Nursing Assistant Certified (NAC) and Nursing Assistant Registered (NAR) effective November 4, 2023, because it is no longer necessary.

Effective November 11, 2024, rescission of WSR 24-16-085, CR-103E, emergency rules for naloxone nasal spray as over-the-counter status, WAC 246-945-030 and 246-945-034. The commission is rescinding these emergency rules because permanent rulemaking has been completed to update these rules. The permanent rule was filed as WSR 24-21-069 on October 11, 2024, and becomes effective November 11, 2024. Memo to rescind emergency rule filed as WSR 24-21-081.

The Department of Health is rescinding this policy statement because the content was permanently incorporated into WAC 246-828-100 as published in WSR 24-01-087 on December 18, 2023. The policy statement is no longer needed. Filed April 23, 2024.

The Washington State Department of Health (department), Health Systems Quality Assurance Division, Office of Community Health Systems, Emergency Medical Services (EMS) Section is rescinding Policy Number EMS 20-01 | EMS Providers and Emergency Vaccinations, which was filed October 23, 2020, and published in WSR 20-22-030.

The policy is being rescinded because it is no longer needed. The department adopted permanent rules under WSR 24-15-104 on July 22, 2024, for chapter 246-976 WAC Emergency Medical Services and Trauma Care Systems. The rules became effective on September 30, 2024.

Filed January 9, 2025, as WSR 25-03-048.

The Washington State Department of Health (the department), Health Systems Quality Assurance Division, Office of Community Health Systems, Emergency Medical Services (EMS) Section is rescinding Policy Number EMS 21-01 | EMS Providers and Emergency Administration of Monoclonal Antibodies, which was filed December 7, 2021, and published in WSR 22-01-043.

The policy is being rescinded because it is no longer needed. The department adopted permanent rules under WSR 24-15-104 on July 22, 2024, for chapter 246-976 WAC Emergency Medical Services and Trauma Care Systems. The rules became effective on September 30, 2024. The amendments to the rule and updates to the scope of practice include requirements for EMS providers listed in the policy statement to administer monoclonal antibodies.

Filed January 9, 2025, as WSR 25-03-047.

This statement allowed currently operating organ transport services and organ transport vehicles in Washington state to continue operating while permanent rules were in development to implement the department’s licensing requirements under Substitute House Bill (SHB) 1271, chapter 290, Laws of 2023.

This policy is being rescinded because the department officially filed a CR-103P in WSR 24-17-005 on August 8, 2024, for chapter 246-976 WAC Organ transport service and vehicle license. The rules became effective on September 30, 2024, therefore the policy statement is no longer needed. Organ transport vehicle and service license requirements are established in WAC 246-976-360.

Filed December 20, 2024 as WSR 25-02-058.

This policy statement provided guidance to donor milk banks and insurance carriers consistent with RCW 43.70.645 until the department adopted permanent rules. The policy statement served as the milk bank safety standards established by the department for inpatient use for the purpose of RCW 43.70.645 and 48.43.815, clarified and added a definition addressing donor human milk obtained from a milk bank for the purposes of ensuring inclusion of donor milk provided by renumerated donors and ensuring inclusive language use.

The department is rescinding this policy statement because it is superseded by permanent rules that were adopted August 22, 2023, filed as WSR 23-17-149 with an effective date of September 22, 2023, making the policy statement obsolete.

Individuals requiring information on this should contact Me'kyel Bailey, lead policy advisor, email mekyel.bailey@doh.wa.gov, or phone 360-754-9161. Filed February 5, 2024.

The Washington Medical Commission is rescinding this policy statement because the state of Washington became the first state to enact ESSB 5481, the Uniform Telemedicine Act, and this statute just recently went into effect on June 6, 2024. As such, the commission’s Telemedicine policy, POL2021-02, became superseded by statutory law. Filed December 20, 2024.

The Washington State Department of Health (DOH) is considering amendments to RTF regulations in WAC 246-337-010 and WAC 246-337-990 along with private psychiatric hospital regulations in WAC 246-322-020 and WAC 246-322-990 to implement Substitute House Bill (SHB) 2075 (chapter 204, Laws of 2024). SHB 2075 directs DOH to issue RTF and private psychiatric hospital licenses to Indian health care providers by July 1, 2025, if the provider submits a tribal attestation and an attestation processing fee. Amendments may include other necessary changes to licensing regulations in chapters 246-322 and 246-337 WAC. DOH may also consider amending the Behavioral Health Agency (BHA) regulations in WAC 246-341-0367 regarding tribal attestation fees to align with RTF and private psychiatric hospital tribal attestation fees.

The Washington State Department of Health (DOH) is proposing rule amendments to reduce barriers to entering and remaining in the respiratory care practitioner (RCP) workforce and to streamline and shorten the credentialing process. This will also include amendments to the temporary permit rules to reduce barriers for military spouses entering and remaining in the RCP workforce and proposed amendments to WAC 246-928-560, 246-928-570, and adding a new section, WAC 246-928-575, for applicants with a current national certification.

The Department of Health is considering amending requirements for respiratory care practitioner application, examination licensure, and out of state credentialing and temporary practice permits.

The Washington State Department of Health (DOH) amended WAC 246-928-560 and adopted a new section, WAC 246-928-575, for applicants with a current national certification to align licensure and endorsement requirements with recent legislation. The rules reduce barriers to entering and remaining in the respiratory care practitioner workforce and reduce barriers for military spouses entering and remaining in the workforce.

The Department of Health adopted amendments regarding Safe Medication Return to update rules about multiple program operators. Amendments also set a fee for proposal review and provide transparency for the department’s method of calculating program operator annual fees.

Jocelyn W. Jones
360-236-3020

Stuart Glasoe
360-236-4111

Peter Beaton
 

The Washington State Department of Health (DOH) is proposing to amend WAC 246-282-005(1)(a) to adopt by reference the 2023 version of the National Shellfish Sanitation Program’s (NSSP) Guide for the Control of Molluscan Shellfish (guide). This rulemaking is necessary to update the publication date of the NSSP guide adopted by reference from 2019 to the 2023 version.