Rule-Making Activity

For information about all current rules that apply to a topic, look in the title area for the subject. The rule title can be sorted ascending and descending by clicking on the small triangle next to the Title heading, or you can use the Search at the top of the list. For example, if you enter "drinking water rules" in the Search box, all rules with those words in their titles will appear at the top of the list.

Title WAC WSR Sort descending Status Comments Accepted Until CR-101 Filed CR-102 Filed CR-103 Filed CR-103E Filed CR-105 Filed Further Information Hearing Date Time Hearing Location
Department of Health Farmers Market Nutrition Program 246-780 WAC 23-07-101 Pending formal proposal | Read the CR-101 (PDF)
Department of Health Fruit and Vegetable Incentives 246-770 WAC 23-07-125 Accepting comments

Hearing Location(s): On May 1, 2023, at 1:00 p.m. DOH will be holding a virtual only hearing. Please register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_uOqd37jqSxKMtfxq5qEVUw

Licensed Athletic Trainer New Definitions Section in Rules 246-916 WAC 23-07-128 Pending formal proposal
Athletic Trainer Health Equity Continuing Education Rules WAC 246-12-800 through 246-12-830 23-08-014 Pending formal proposal
Chiropractic X-ray Technician Health Equity Continuing Education Rules WAC 246-12-800 through 246-12-830 23-08-021 Pending formal proposal
Human Donor Milk Bank Standards 246-720 WAC 23-08-054 Accepting comments | Read the CR-102 (PDF)

Hearing Location(s): On May 16, 2023, at 1:30 p.m. DOH will be holding a virtual-only hearing. Register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_zBaU-LkLTGanSFTVyyQCuQ. After registering, you will receive a confirmation email containing information about joining the webinar.

Nursing - Exclusion of Certain Opioid Requirements WAC 246-840-463, 246-840-4659, 246-840-460, 246-840-4990, 182-550-2565, 388-97, 246-840-463 and 246-840-4659 23-08-064 Pending formal adoption | Read the CR-101 (PDF) | Read the CR-102 (PDF)

Hearing Location(s): On May 12, 2023, at 1:15 p.m. The commission will provide a virtual and a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. Physical location: Hilton Seattle Airport & Conference Center, Crystal Ballroom, 17620 International Boulevard, Seattle, WA 98188; virtual https://us02web.zoom.us/meeting/register/tZ0tdu2tqzosE9XESu2VI8vc-sf-wKwCGwpM. Please follow this link to register for the virtual hearing which will give you instructions to either join the meeting on a device, or to call in to the meeting on the phone.

Date of Intended Adoption: May 12, 2023.

Analgesia and Anesthesia Administration in Office-based Settings WAC 246-853-650 23-08-068 Adopted

Submit Written Comments to: Becky McElhiney, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2850,

The board will hold a virtual public hearing, without a physical meeting space. This promotes social distancing and the safety of the citizens of Washington state.

Register in advance for this Zoom webinar https://us02web.zoom.us/webinar/register/WN_c4Spj75mQfSTVSlOa0I9FA.

After registering, you will receive a confirmation email containing information about joining the webinar.

Assistance for Persons with Disabilities: Contact Becky McElhiney, phone 360-236-4766, fax 360-236-2901, TTY 711, email osteopathic@doh.wa.gov, by November 23, 2022.

Removal of Non-Evidence Based Licensure Requirements for ARNP Nurses WAC 246-840-365
WAC 246-840-367
23-08-069 Adopted | Read the CR-102 (PDF) | Read the CR-103 (PDF)

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 18.79.01018.79.110, 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.

Human Remains Clerical Amendment WAC 246-500-055 23-09-027 Adopted | Read the CR-102 (PDF)

Purpose: WAC 246-500-055. The State Board of Health (Board) adopted amendments to WAC 246-500-055 to clarify rule 
language in subsection (2)(f) and Table 500-A, and to correct a typographical error in subsection (2)(b) without changing the 
rule’s effect. Minimal housekeeping changes were also made to subsections (2)(c), (2)(d), and (4). WAC 246-500-055 
establishes the requirements that natural organic reduction facilities (NOR) must meet for this particular reduction method. 
These minor revisions were made to the rule based on feedback from interested parties and Board staff. The adopted rule is 
necessary to allow facilities to continue with their processes and ensure initial testing requirements described in the rule are 
clear. 
Citation of rules affected by this order:
New: None 
Repealed: None 
Amended: WAC 246-500-055 
Suspended: None 
Statutory authority for adoption: RCW 43.20.050(2)(f) 
Other authority: 
PERMANENT RULE (Including Expedited Rule Making)
Adopted under notice filed as WSR 23-04-100 on January 31, 2023.
Describe any changes other than editing from proposed to adopted version: 
There have been no changes to the proposed rule language filed under WSR 23-04-100. 
If a preliminary cost-benefit analysis was prepared under RCW 34.05.328, a final cost-benefit analysis is available by 
contacting: 
This rule was exempt from a cost-benefit analysis under 34.05.328(5)(b)(iv). The adopted amendment corrected 
typographical errors and clarified language in the rule without changing its effect. 

Update of Credential Requirements for Medical Assistants WACs 246-827-0010, 246-827-0110, 246-827-0120, 246-827-0140, 246-827-0200, 246-827-0300, 246-827-0400, and 246-827-0610 23-09-061 Pending formal adoption | Read the CR-101 (PDF) | Read the CR-102 (PDF)

Hearing Location(s): On May 24, 2023, at 10:00 a.m. The department of health (DOH) will be holding a virtual-only hearing. Register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_MjjJeLMPTkGbbKSzmHAtUQ. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: May 31, 2023.

Repeal of AIDS Education and Training Requirements WAC 246-945-162
WAC 246-945-200
WAC 246-945-205
23-09-062 Adopted | Read the CR-103 (PDF)

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.

Osteopath Exemptions from Opioid Prescribing Rules WAC 246-853-661 23-09-063 Pending formal adoption | Read the CR-101 (PDF)

Hearing Location(s): On June 2, 2023, at 9:30 a.m. The board will provide a virtual and a physical location for this hearing. Physical location: Lacey Community Center, Room 1 and 2, 6729 Pacific Avenue S.E., Olympia, WA 98503; or join on your computer, mobile app, or room device. Microsoft Teams meeting https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_NDI1MGQ2NWMtZWUxYy00YTI5LTgwOTAtMWE5OGQzZTg5YmVk%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252211d0e217-264e-400a-8ba0-57dcc127d72d%2522%252c%2522Oid%2522%253a%25223f147261-e44e-4696-9d68-1ecb58823a4d%2522%257d&data=05%7C01%7Cheather.cantrell%40doh.wa.gov%7C6ba54d3e479b40124fbf08db2b0c48cf%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638151103986924579%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=JuRAfkNapDHflhQtasOPGE8Mnrs%2BZVXJVFWiaBmd%2F48%3D&reserved=0, Meeting ID 261 154 277 114, Passcode p8WiJ9; or call in (audio only) +1 564-999-2000,,245423285# United States, Olympia, 833-322-1218,,245423285# United States (toll-free), Phone Conference ID 245 423 285#

Physical Therapy Licensure Compact WAC 246-915A-010 23-09-068 Adopted | Read the CR-102 (PDF) | Read the CR-103 (PDF)

The Board of Physical Therapy will provide a virtual and a physical location for this hearing to promote social distancing and the safety of the citizens of Washington State.

 

Physical location:

Lacey Community Center

6729 Pacific Ave SE

Lacey, WA 98502

 

Virtual: Link no longer available

Pharmacy Wholesaler Reporting for Suspicious Orders and Zero Reports 246-945 WAC 23-10-012 Pending formal proposal | Read the CR-101 (PDF)
Acupuncture and Eastern Medicine Practitioner Health Equity Continuing Education WAC 246-12-800 through 246-12-830
WAC 246-803-425
23-10-066 Pending formal adoption | Read the CR-101 (PDF) | Read the CR-102 (PDF)

Submit Written Comments to: Vicki Brown, P.O. Box [47852], Olympia, WA [98504-]7852, email vicki.brown@doh.wa.gov, fax 360-236-2901, by July 14, 2023.

Assistance for Persons with Disabilities: Contact Vicki Brown, phone 360-236-4865, fax 360-236-2901, TTY 711, email vicki.brown@doh.wa.gov, by June 30, 2023.

Hearing Location(s): On July 14, 2023, at 1:00 p.m. The department will hold a virtual only hearing. Register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_oceYD3dgQ6GvpMlNUk1xVg. After registering, you will receive a confirmation email containing information about joining the webinar.

Osteopathic Physicians and Surgeons Health Equity Continuing Education 246-853 WAC 23-10-069 Pending formal proposal | Read the CR-101 (PDF)
Paralytic Shellfish Poisoning Testing Fee Redistribution WAC 246-282-990 23-10-070 Pending formal adoption | Read the CR-102 (PDF)

Hearing Location(s): On June 7, 2023, at 10:00 a.m. The department will be holding a virtual-only hearing. Register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_6DNpU3Y0QhWhnG_PEc5I2g. After registering, you will receive a confirmation email containing information about joining the webinar.

Temporary Worker Housing (TWH) 246-358 WAC 23-10-093 Pending formal adoption | Read the CR-101 (PDF) | Read the CR-102 (PDF)

Submit Written Comments to: Nina Helpling, DOH, P.O. Box 47820, Olympia, WA 98504-7820, email tempworkerrule@doh.wa.gov, by July 7, 2023.

Assistance for Persons with Disabilities: Contact Nina Helpling, phone 360-236-3065, TTY 711, email nina.helpling@doh.wa.gov, by June 13, 2023.

Hearing Location(s): On June 20, 2023, prehearing overview at 2:00 p.m., and hearing at 3:00 p.m., virtual and telephonic hearing. Join electronically https://lni-wa-gov.zoom.us/j/85754270385?pwd=T25qTldCS3UzVi9nU3J5ZG0vQTMzZz09, Password (if prompted) TWhouse@2; on June 26, 2023, prehearing overview at 2:00 p.m., and hearing at 3:00 p.m., at WSU Mount Vernon NWREC, 16650 State Route 536, Mount Vernon, WA 98372; on June 27, 2023, prehearing overview at 2:00 p.m., and hearing at 3:00 p.m., at Pybus Public Market, 3 North Worthen Street, Wenatchee, WA 98801; and on June 28, 2023, prehearing overview at 1:00 p.m., and hearing at 2:00 p.m., at Red Lion Hotel Columbia Center, 1101 North Columbia Center Boulevard, Kennewick, WA 99336.

Full veterinary Services to low-income households at animal care and control agencies and nonprofit human societies WAC 246-933-501
WAC 246-933-510
WAC 246-933-520
WAC 246-933-530
WAC 246-933-550
23-11-002 Adopted | Read the CR-101 (PDF) | Read the CR-102 (PDF) | Read the CR-103 (PDF)

Physical Location: The Olympia Center 222 Columbia St NW, Room TBD Olympia, WA 98501

Virtual Option: Link no longer available

Drinking Water State Revolving Fund (DWSRF) Bipartisan Infrastructure Law (BIL) WAC 246-830-345 23-11-003 Pending formal proposal | Read the CR-101 (PDF)
Out -of -State RN and LPN Licensure Emergency Rule WAC 246-840-030
WAC 246-840-090
23-11-015 Emergency Rule | Read the CR-103E (PDF)
Home Care Aide and Nursing Assistant-Certified Alternate Certification Time Frames WAC 246-980-025
WAC 246-980-030
WAC 246-980-040
WAC 246-980-065
WAC 246-980-011
23-11-053 Adopted

Home Care Aide and Nursing Assistant-Certified Alternate Certification Time Frames. The Department of Health (department) is establishing alternate certification time frames for individuals working toward certification as a home care aide or nursing assistant-certified (NA-C) This includes amending WACs 246-980-025, 246-980-030, WAC 246-980-040, and WAC 246-980-065 and adopting a new rule section, WAC 246-980-011. Due to impacts from the coronavirus disease 2019 (COVID-19) pandemic, many long-term care workers are still unable to obtain training and certification as home care aides and NA-Cs within statutory time frames. By continuing alternate time frames established under Engrossed Substitute House Bill (ESHB) 1120 (Chapter 203, Laws of 2021), the department will allow workers impacted by the pandemic more time to complete requirements while training and testing capacity issues are being resolved.

These emergency rules continue emergency rules filed January 12, 2023 under WSR 23-03-066. These rules established alternate certification time frames for two different groups of long-term care workers: individuals working toward certification as a home care aide and individuals working toward certification as an NA-C. This extension is the same as the original filing, except that the dates of the alternate time frames have been updated to reflect ongoing training, testing, and certification challenges. Rules impacting home care aides were developed in collaboration with the Department of Social and Health Services (DSHS), while rules impacting NA-Cs were developed in collaboration with DSHS and the Nursing Care Quality Assurance Commission (NCQAC). The new rule, WAC 246-980-011, establishes alternate time frames for long-term care workers seeking certification as a home care aide or NA-C. Amendments to WACs 246-980-025, 246-980-030, 246-980-040, and 246-980-065 create cross-references to WAC 246-980-011 and, where applicable, to DSHS rules that establish alternate time frames for training and testing.

This emergency rule is necessary to avoid a critical shortage of long-term care workers as a result of the COVID-19 pandemic. During the COVID-19 pandemic, both training and testing were unavailable for several months in 2020 before resuming at limited capacity. This created a large backlog of long-term care workers unable to become certified as a home care aide or NA-C within statutory time frames. During the COVID-19 declared emergency, thousands of workers seeking certification were allowed to continue working under Governor’s Proclamations 20-52 and 20-65 (waivers), which waived credentialing requirements. Now that the waivers have been rescinded, however, uncertified workers will no longer be able to work and will still be unable to readily access the training and testing necessary for certification. Losing these workers would exacerbate the existing workforce shortage, forcing more medically vulnerable patients to rely on other care options, such as higher-level residential care settings. ESHB 1120, passed in 2021, gives the department authority to allow long-term care workers additional time to become certified if a pandemic or other declared state of emergency impacts their ability to complete certification timely. Pursuant to ESHB 1120, the department collaborated with DSHS and NCQAC to develop alternate, extended time frames for long-term care workers seeking certification as a home care aide or NA-C. These alternate time frames create a path to certification for uncertified home care aides and NA-Cs and allow workers to continue caring for clients while the testing and training backlog is being resolved.

 

 

Vibrio parahaemolyticus Shellfish Control Plan WAC 246-282-006 23-11-074 Adopted

WAC 246-282-006, Washington state Vibrio parahaemolyticus control plan. Vibrio parahaemolyticus (Vp) is a naturally occurring bacteria found in marine waters. Molluscan bivalve shellfish acquire Vp through filter feeding. Humans who consume raw or undercooked shellfish containing Vp can develop an intestinal disease called vibriosis. Chapter 246-282 WAC establishes the minimum performance standards for growing, harvesting, processing, packing, storage, transporting, and selling of shellfish for human consumption.

These rules do not apply to persons who conduct activities limited to retail food service, personal use, and transporting as a common carrier of freight. WAC 246-282-006 establishes the control plan for the months of May 1st through September 30th and are an extension of the NSSP Model Ordinance (U.S. Food and Drug Administration National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish). Due to current early season high temperatures, this emergency rule making is necessary to protect public health by modifying the existing strictest harvest control requirements which currently start July 1st by setting even more protective measures immediately.

The State Board of Health (board) filed a Preproposal Statement of Inquiry (CR-101) on February 23, 2022, WSR 22-06-034 regarding permanent amendments to the existing rules to address harvest control measures and may also include updating definitions, seed size and other technical and editorial changes as needed. Until permanent rule making can be completed, the board has delegated emergency rule making authority to the Department of Health if heat-wave conditions occur prior to July 1To reduce the threat to public health, amending the “time of harvest to cooling requirements” to a more protective control season immediately is necessary.

The current Vp Control Plan, last revised in 2015, establishes a control season between May 1st and September 30th and authorizes enforcement of the rule’s strictest time-to cooling requirements for harvested oysters starting July 1 of the Vp control season. However, recent events demonstrate the need for more flexible rules.

From June 26 to July 2, 2021, the National Weather Service in Seattle reported a long-duration, unprecedented heat wave throughout the Pacific Northwest. Shellfish-related Vp illnesses increased sharply. Therefore, due to current early season temperatures and mid-day low tides, this emergency rule is necessary to protect public health.

Out of State RN and LPN Licensure WAC 246-840-030
WAC 246-840-090
23-11-143 Pending formal proposal | Read the CR-101 (PDF)
Massage Online Virtual and Health Equity Education WAC 246-830-430 23-12-002 Pending formal proposal | Read the CR-101 (PDF)
Dental Health Profession Monitoring Program WAC 246-817-801, 236-817-810, 246-817- 820, and 246-817-830 23-16-006 Adopted | Read the CR-102 (PDF) | Read the CR-103 (PDF)

Purpose: The Dental Quality Assurance Commission (commission) is adopting amendments to update rules regarding health profession monitoring programs in line with the passage of Substitute Senate Bill (SSB) 5496. SSB 5496 updated terminology, definitions, and references for dentists in RCW 18.32.534 and clarified confidentiality protections in RCW 18.131.070 for health professional monitoring programs. The adopted rules in WAC 246-817-801, 236-817-810, 246-817- 820, and 246-817-830 make technical amendments to align with changes required from SSB 5496 without changing the effect.

Physical Therapist Intramuscular IM Needling 246-915 WAC 23-16-010 Pending formal proposal

Agency: Department of Health and the Board of Physical Therapy
Subject of possible rule making: Physical Therapists intramuscular needling requirements. The Board of Physical 
Therapy (board) and Department of Health (department) are considering rulemaking in chapter 246-915 WAC, Physical 
Therapists and Physical Therapist Assistants, to clarify statutory requirements for education and training and define an 
intramuscular needling endorsement. The board and department may consider associated training and education 
requirements, updating definitions, establishing a fee for the intramuscular needling endorsement, and creating a process 
to apply for the endorsement.
Statutes authorizing the agency to adopt rules on this subject: Second Substitute House bill (2SHB) 1039 (chapter 
198, Laws of 2023), RCW 18.74.023, 43.70.110, 43.70.250, and 43.70.280
Reasons why rules on this subject may be needed and what they might accomplish: 2SHB 1039 expands the 
scope of practice of physical therapists to perform intramuscular needling, also known as dry needling. Rules may be 
needed to clarify statutory requirements for education and training to receive an initial endorsement to perform 
intramuscular needling. The board and the department will also consider establishing the steps to apply for the 
endorsement, including establishing a fee.
Identify other federal and state agencies that regulate this subject and the process coordinating the rule with 
these agencies: None
Process for developing new rule (check all that apply):
☐ Negotiated rule making
☐ Pilot rule making
☐ Agency study
☒ Other (describe) Collaborative rulemaking
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule 
before publication by contacting:
(If necessary)
Name: Allyson McIver Name:
Address: PO Box 47852, Olympia, WA 98504-7852 Address:
Phone: 360-236-2878 Phone:
Fax: 360-236-2901 Fax:
TTY: 711 TTY:
Email: physical.therapy@doh.wa.gov Email:
Web site: doh.wa.gov Web site:
Other: Other:
Additional comments: Interested parties can participate in the drafting of the proposed rules. The department and the
board will be conducting rules workshops with interested parties and subject matter experts. The department will use 
existing GovDelivery lists and other known contact information to inform interested parties of opportunities to provide input
Page 2 of 2
on proposed rule language. To find out more information about our rulemaking, visit www.doh.wa.gov. To subscribe to 
GovDelivery, please visit www.doh.wa.gov, and select the "Subscribe" button at the bottom of the page, select Health 
Professions, and then Physical Therapy Program. You may also check the box next to one or more of the other 
professions listed to receive information related to that specific profession.
Date: July 18, 2023
Name: Kathryn Dale, PT, DSc and Kristin Peterson, JD for 
Umair A. Shah, MD, MPH
Title: Chair, Physical Therapy Board and Chief of Policy 
for Secretary of Health

Optometry Health Profession Monitoring rogram WAC 246-851-440 through 246-851-470 23-16-072 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)
Board of Physical Therapy changes to TOEFL requirements WAC 246-915-120 23-16-125 Adopted | Read the CR-101 (PDF) | Read the CR-102 (PDF)

Agency:Department of Health - Board of Physical Therapy 
Effective date of rule:
Permanent Rules
☒ 31 days after filing.
☐ Other (specify) (If less than 31 days after filing, a specific finding under RCW 34.05.380(3) is required and should 
be stated below)
Any other findings required by other provisions of law as precondition to adoption or effectiveness of rule?
☐ Yes ☒ No If Yes, explain: 
Purpose: Changing English test passing scores and removing a requirement related to an accredited program for licensure 
as a physical therapist. The Board of Physical Therapy (board) is adopting amendments to WAC 246-915-120 – Foreign 
educated applicants to change the Test of English as a Foreign Language (TOEFL) minimum passing scores. Washington 
state’s current passing score requirements were originally established based on the Federation of State Boards of Physical 
Therapy (FSBPT) passing score recommendation. The FSBPT’s minimum passing score recommendations have since been 
updated. To align with the FSBPT’s recommendation, the board is adopting this rule to lower the minimum passing score for 
the writing and speaking tests and raise the minimum passing score requirements for the reading and listening tests. The 
board is also adopting amendments to remove the requirement that an applicant’s first professional degree must only be from 
a Commission on Accreditation in Physical Therapy Education (CAPTE) accredited program, in order to allow applicants who 
went on to pursue additional professional degrees in physical therapy through a CAPTE accredited program to pursue 
licensure outside of the foreign-educated pathway. 
Citation of rules affected by this order:
New: None 
Repealed: None 
Amended: WAC 246-915-120 
Suspended: None 
Statutory authority for adoption: RCW 18.74.023 
Other authority: 
PERMANENT RULE (Including Expedited Rule Making)
Adopted under notice filed as WSR 23-08-031 on March 28 2023 (date).
Describe any changes other than editing from proposed to adopted version: None. 
If a preliminary cost-benefit analysis was prepared under RCW 34.05.328, a final cost-benefit analysis is available by 
contacting:
Name: Allyson McIver 
Address: PO Box 47877 Olympia, WA 98504-7877 
Phone: 360-236-2878 
Fax: 360-236-2901 
TTY: 711 
Email: physical.therapy@doh.wa.gov 
Web site: doh.wa.gov 
Other:

Certified Counselors and Certified Advisers SB 5229 Health Equity Continuing Education 246-810 WAC 23-16-128 Accepting comments | Read the CR-101 (PDF)

Date of intended adoption: 9/20/23 (Note: This is NOT the effective date)
Submit written comments to: Assistance for persons with disabilities:
Name: Ted Dale Contact Ted Dale
Address: Office of Health Professions 
PO Box 47850
Olympia, WA 98504 
Phone: 360-236-2991
Email: https://fortress.wa.gov/doh/policyreview Fax: N/A
Fax: N/A TTY: 711
Page 2 of 4
Other: www.doh.wa.gov Email: ted.dale@doh.wa.gov
By (date) 9/13/23 Other: www.doh.wa.gov
By (date) 8/30/23 
Purpose of the proposal and its anticipated effects, including any changes in existing rules: 
RCW 43.70.613(3)(b) directs the rule-making authority for each health profession licensed under Title 18 RCW that is subject 
to continuing education to adopt rules requiring a licensee to complete health equity continuing education training at least 
once every four years. The statute also directs the department to create model rules establishing the minimum standards for 
health equity CE programs. The department filed model rules for health equity CE minimum standards on November 23, 
2022, under WSR 22-23-167. Any rules developed for the department must meet or exceed the minimum standards in the 
model rules in WAC 246-12Purpose of the proposal and its anticipated effects, including any changes in existing rules: 
RCW 43.70.613(3)(b) directs the rule-making authority for each health profession licensed under Title 18 RCW that is subject 
to continuing education to adopt rules requiring a licensee to complete health equity continuing education training at least 
once every four years. The statute also directs the department to create model rules establishing the minimum standards for 
health equity CE programs. The department filed model rules for health equity CE minimum standards on November 23, 
2022, under WSR 22-23-167. Any rules developed for the department must meet or exceed the minimum standards in the 
model rules in WAC 246-12-800 through 246-12-830.
The department is proposing to amend WAC 246-810-027 and create new section WAC 246-810-0299 to implement ESSB 
5229. The department is proposing adopting the health equity model rules, WAC 246-12-800 through 246-12-830, for 
certified counselors and certified advisers to comply with RCW 43.70.613. 
The proposed rule adds two hours of health equity education, as required in the model rules, to be completed as part of the 
current continuing education requirements every four years. The proposed rule does not change total CE hours but requires 
two hours in health equity CE every four years, which is absorbed into the existing number of CE hours required. The health 
equity CE requirement is counted under existing, unspecified CE requirements for the profession.
Additionally, the department is proposing amendments to clarify and streamline WACs 246-810-027 and 246-810-0298.
These proposed amendments will remove unnecessary or outdated details about the required suicide prevention trainings.
Reasons supporting proposal: 
The goal of health equity CE is to equip health care workers with the skills to recognize and reduce health inequities in their 
daily work. The content of health equity trainings includes implicit bias trainings to identify strategies to reduce bias during
assessment and diagnosis in an effort to address structural factors, such as bias, racism, and poverty, that manifest as health 
inequities. 
Two hours of training allows individuals to gain a foundation in health equity that can have an immediate positive impact on 
the professional’s interaction with those receiving care. Health equity training enables health care professionals to care 
effectively for patients from diverse cultures, groups, and communities, varying race, ethnicity, gender identity, sexuality, 
religion, age, ability, socioeconomic status, and other categories of identity. The two hours of health equity CE credits may be 
earned as part of the health professional’s existing CE requirements, therefore not requiring completion of additional CE 
hours.
 
Statutory authority for adoption: RCW 43.70.613 and 18.19.050 
Statute being implemented: RCW 43.70.613, ESSB 5229 (chapter 276, Laws of 2021)

The public hearing will be virtual, 
without a physical meeting space.
Register in advance for this 
webinar:
https://us02web.zoom.us/webin
ar/register/WN_IKWoAdhRS2R_1ETAHvsCw
After registering, you will receive 
a confirmation email containing 
information about joining the 
webinar.

Osteopath Physician Opioid Exemption WAC 246-853-661 23-16-142 Adopted | Read the CR-102 (PDF)

 

Purpose: Provides prescribing requirement exemptions in specific circumstances. WAC 246-853-661, Exclusions. The Board of Osteopathic Medicine and Surgery (board) is adopting amendments to expand the types of patients who are exempt from opioid prescribing rules. The adopted language aligns with the Washington Medical Commission's recently adopted rules to ensure consistency and alignment with best practices.

Death with Dignity Act Revisions 246-978 WAC 23-17-071 Adopted | Read the CR-102 (PDF)

Agency: Department of Health 
Effective date of rule:
Permanent Rules
☒ 31 days after filing.

Any other findings required by other provisions of law as precondition to adoption or effectiveness of rule?
☒ No
Purpose: The Department of Health (department) adopts revisions to the Death with Dignity Act requirements in chapter 
246-978 WAC that reflect (1) the amendments made during the 2023 legislative session and (2) the writing style described in 
the 2023 Bill Drafting Guide.
Engrossed Substitute Senate Bill (ESSB) 5179 did the following:
• In RCW 70.245.010, made changes to multiple definitions.
o “Attending physician” became “attending qualified medical provider”.
o “Consulting physician” became “consulting qualified medical provider”.
o Added independent clinical social worker, advanced social worker, mental health counselor, psychiatric 
advanced registered nurse practitioner to the “counseling” definition.
o Removed the definition of “physician”.
o Added a definition of “qualified medical provider” that includes physician, physician assistant, and advanced 
registered nurse practitioner.
• Changed the terms used throughout chapter 70.245 RCW to match the terms defined in RCW 70.245.010.
• In RCW 70.245.030, removed the long-term care facility witness requirement in subsection (4).
• In RCW 70.245.150, expanded how participating providers may send forms to the department. Now the department 
can accept forms electronically and by fax.
WAC 246-978-010 duplicates the definitions in statute, which means that the department must update definitions every time 
the legislature changes the definitions. The department adopts replacement of duplicate definitions with a cross-reference to 
statute and removal of definitions no longer in use.
WAC 246-978-020 describes how participating providers must report to the department as required by RCW 70.245.150(2). 
The department adopts three changes:
• Replacing “physician” with “qualified medical provider”.
• Replacing the mailing address with “electronically, by mail, or fax”.
• Removing the publication number after the form name.
WAC 246-978-030 duplicates language in RCW 70.245.150(2). The department repeals WAC 246-978-030 to remove the 
duplication and prevent potential conflicts between statute and rule.
WAC 246-978-040 describes who can be a witness for a patient living in a long-term care facility. ESSB 5179 repealed the 
witness requirement for a long-term care facility described in RCW 70.245.030(4). The department repeals WAC 246-978-
040 because statute no longer requires it.
The department also adopts style changes throughout chapter 246-978 WAC that do not change the meaning of the rule. 
Page 2 of 3
Citation of rules affected by this order:
New: 
Repealed: WAC 246-978-030; WAC 246-978-040 
Amended: WAC 246-978-010; WAC 246-978-020 
Suspended: 
Statutory authority for adoption: ESSB 5179 (Chapter 38, Laws of 2023); Chapter 70.245 RCW 
Other authority: 
PERMANENT RULE (Including Expedited Rule Making)
Adopted under notice filed as WSR 23-12-093 on June 06, 2023 (date).
Describe any changes other than editing from proposed to adopted version: None

Donor Milk Bank Standards WAC 246-720-001, 246-720-010, 246-720-020, 246-720-030, 246-720-040, 246-720-050, 246-720-060, 246-720-070, 246-720-080, 246-720-090, and 246-720-100 23-17-149 Adopted | Read the CR-102 (PDF) | Read the CR-103 (PDF)

Purpose: Engrossed Second Substitute Senate Bill (E2SSB) 5702 (chapter 236, Laws of 2022) requires the Department of Health (department) to develop minimum standards to ensure milk bank safety for donor human milk and human milk derived products. Milk banks are organizations that engage in the procurement, processing, storage, distribution or use of human milk contributed by donors. To ensure the safety of donor human milk and human milk derived products, the department is adopting safety standards in chapter 246-720 WAC to include donor screening, testing, milk handling and processing, and record keeping as required by the statute.

Veterinary Technicians and Veterinary Medication Clerks Animal Health Care Tasks and Supervision WAC 246-935-050
WAC 246-935-040
WAC 246-935-010
WAC 246-937-010
23-18-060 Pending formal proposal | Read the CR-101 (PDF)

The Veterinary Board of Governors is considering updates and revisions to WAC 246-935-050 animal health care tasks, WAC 246-935-040 responsibilities of a Veterinarian supervising a licensed Veterinary Technician or unregistered assistant, WAC 246-935-010 definitions (Veterinary Technicians), and WAC 246-937-010 definitions (registered Veterinary Medication Clerks).

Nursing Assistant and Home Care Aide Training Requirements WAC 246-840-930
WAC 246-841-405
23-18-066 Emergency Rule | Read the CR-103E (PDF)

Amending specific training requirements for Nursing Assistant Registered (NAR) and Home Care Aides (HCA) in WAC 246-840-930 and 246-841-405.  This is the sixth emergency rule and continues the initial emergency rules filed.

Nursing Assistant Training Requirements WAC 246-841-420
WAC 246-841-470
WAC 246-841-490
WAC 246-841-500
WAC 246-841-510
WAC 246-841-555
23-18-067 Emergency Rule | Read the CR-103E (PDF)

Amending specific training requirements for Nursing Assistant Certified (NAC) and Nursing Assistant Registered (NAR) in WAC 246-841-420, 246-841-470, 246-841-490, 246-841-500, 246-841-510 and 246-841-555. This is the 11th emergency rule. The amendments remain the same as the previous filing. Emergency rules allow additional pathways to complete necessary training to enter the workforce.

Psychologist Health Equity Continuing Education WAC 246-924-230
WAC 246-924-240
WAC 246-924-250
WAC 246-924-255
WAC 246-924-300
WAC 246-924-330
23-18-084 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

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.

Attend Virtually

The board will hold a virtual public hearing without a physical meeting space.

Microsoft Teams meeting link.

Meeting ID 244 111 655 260, Passcode BjjFtA; or call in (audio only) +1 564-999-2000, 496883862# United States, Olympia, 833-322-1218, 496883862# United States (toll-free), Phone Conference ID 496 883 862#.

Written Comments

Submit written comments to:

Zachary Patnode
Office of Health Professions
P.O. Box 47850
Olympia, WA 98504

Podiatrist Health Equity Continuing Education WAC 246-922-300
WAC 246-922-310
23-18-098 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The Podiatric Medical Board (board) is proposing amendments to WAC 246-922-300 and 246-922-310 to establish health equity continuing education (CE) requirements to implement Engrossed Substitute Senate Bill 5229 (ESSB 5229).

Physical Location

111 Israel Road S.E.
Town Center 2, Room 153
Tumwater, WA 98501

Attend Virtually

Register for the Zoom meeting

After registering you will receive a confirmation email containing information about joining the webinar.

Written Comments

Submit written comments to:

Tommy Simpson III, Program Manager
Department of Health
P.O. Box 47852
Olympia, WA 98504-7852

Fax: 360-236-2901

Submit comments online

Health Equity Continuing Education for Massage Therapists WAC 246-830-475 23-19-026 Adopted | Read the CR-103 (PDF)

The Board of Massage in coordination with the Department of Health adopted amendments to WAC 246-830-475. The adopted rule complies with the model rules and requires two hours of health equity education to be completed as part of the current continuing education requirements every two years.

Military Spouse Temporary Practice Permits WAC 246-918-076
WAC 246-919-397
23-19-029 Pending formal proposal | Read the CR-101 (PDF)

WAC 246-918-076 (Physician Assistants) and WAC 246-919-397 (Physicians), How to obtain a temporary practice permit—Military spouse. The Washington Medical Commission will consider amending these WACs in response to Second Substitute House Bill (2SHB) 1009 (chapter 165, Laws of 2023), Military spouse employment act.

Health Equity Continuing Education for Audiologists, Hearing Aid Specialists, Speech-language Pathologists and Speech-language Pathologist Assistants WAC 246-828-505 (new)
WAC 246-828-510
23-19-030 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The Board of Hearing and Speech is proposing new WAC 246-828-505 and amendments to WAC 246-828-510 to establish health equity continuing education (CE) requirements to implement Engrossed Substitute Senate Bill 5229 (ESSB 5229 chapter 276, Laws 2021).

Physical Location

Labor and Industries
7273 Linderson Way S.W., Room S117
Tumwater, WA 98501

Attend Virtually

Microsoft Teams meeting link

Written Comments

Submit written comments to:

Kim-Boi Shadduck, Program Manager
Department of Health
P.O. Box 47852
Olympia, WA 98504-7852

Fax: 360-236-2901

Submit a comment online

Removal of References to Osteopathic Physician Assistant WAC 246-853-290
WAC 246-853-300
WAC 246-853-630
WAC 246-853-640
WAC 246-853-662
WAC 246-853-750
WAC 246-853-990
23-19-059 Adopted | Read the CR-103 (PDF)

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.

Temporary Worker Housing Updates 246-358 WAC 23-19-080 Adopted | Read the CR-103 (PDF)

RCW 70.114A.065 directs the Department of Health (DOH) and the Department of Labor and Industries (L&I) to adopt joint rules for the licensing, operation, and inspection of temporary worker housing. DOH and L&I have assessed the emergency rule requirements, along with input from interested parties and adopted key provisions to address prevention of future outbreaks and the spread of any airborne infectious disease.

Licensed Practical Nurse and Registered Nurse Health Equity Continuing Education Requirements WAC 246-840-220
WAC 246-840-222
23-19-081 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The board, formerly known as the Nursing Care Quality Assurance Commission, is proposing a new section of rule and revisions to existing rule in WAC 246-840-220 and 246-840-222 to establish health equity continuing education (CE) requirements to implement Engrossed Substitute Senate Bill (ESSB) 5229 (chapter 276, Laws of 2021).

Physical Location

Department of Health
Town Center 2, Room 145
111 Israel Road S.E.
Tumwater, WA 98501

Attend Virtually

Register for the Zoom meeting

After registering you will receive a confirmation email containing information about joining the webinar.

Submit Written Comments

Submit written comments to:

Jessilyn Dagum
P.O. Box 47864
Olympia, WA 98504-7864

Fax: 360-236-4738

Submit a comment online

Denturist Rules Regarding Prefabricated Implant Abutments and Infection Control Standards WAC 246-812-462
WAC 246-812-50
23-19-088 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The Board of Denturists (board) is proposing a new section of rule, WAC 246-812-462 - Prefabricated implant abutments, to set out the requirements for the placement of prefabricated implant abutments. The board is also proposing amending the infection control standards purpose statement in WAC 246-812-50 to ensure written policies and procedures are maintained.

Physical Location

Department of Health
Town Center 2, Room 145
111 Israel Road S.E. 
Tumwater, WA 98501

Attend Virtually

Register for the Microsoft Teams meeting

After registering, you will receive a confirmation email containing information about joining the webinar.

Submit Written Comments

Submit written comments to:

Vicki Brown
P.O. Box 47852
Olympia, WA 98504-7852

Fax: 360-236-2901

Submit a comment online

Dental Health Equity Continuing Education Requirements WAC 246-817-440
WAC 246-817-445
23-19-091 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The Dental Quality Assurance Commission is proposing amending WAC 246-246-817-440, Dental continuing education requirements, and WAC 246-817-445, Dental Anesthesia Assistant continuing education requirements, to establish health equity continuing education (CE) requirements to implement Engrossed Substitute Senate Bill (ESSB) 5229.

Physical Location

Labor and Industries
Room S117
7273 Linderson Way S.W.
Tumwater, WA 98501

Attend Virtually

Zoom registration link

Submit Written Comments

Submit written comments to:

Amber Freeberg
P.O. Box 47852
Olympia, WA 98504-7852

Fax: 360-236-2901

Submit a comment online

Over-the-Counter Hearing Aids WAC 246-828-100 23-19-102 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The Board of Hearing and Speech is proposing amendments to WAC 246-828-100 (Hearing instruments fitting and dispensing – Minimum standards of practice) to reflect changes to relevant federal rules by the Food and Drug Administration (FDA) regarding the sale of over-the-counter (OTC) hearing aids (21 C.F.R. Parts 800, 801, 808, and 874 (2022)).

Physical Location

Labor and Industries
7273 Linderson Way S.W., Room S117
Tumwater, WA 98501

Attend Virtually

Microsoft Teams meeting link

Chiropractic X-Ray Technician Course Requirements, Continuing Education, and Expired Status WAC 246-808-201
WAC 246-808-203
WAC 246-808-205
WAC 246-808-207
WAC 246-808-209
WAC 246-808-211
WAC 246-808-215
23-20-026 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The Chiropractic Quality Assurance Commission is proposing changes to rules concerning chiropractic X-Ray technicians' course requirements including who can instruct the course, and updating the requirements for obtaining, maintaining, and returning from expired status. The commission is also adopting health equity continuing education requirements to reflect requirements in Engrossed Substitute Senate Bill 5229 (ESSB) (chapter 276, Laws of 2021). WAC 246-808-201, 246-808-203, 246-808-205, 246-808-207, 246-808-209, WAC 246-808-211 and repealing 246-808-215. 

For hearing and commenting information, please contact Betty J. Moe at 360-236-2868 or Betty.Moe@doh.wa.gov.

Physical Location

Labor and Industries
7273 Linderson Way S.W., Room S117
Tumwater, WA 98501

Attend Virtually

Microsoft Teams meeting link

Written Comments

Submit written comments to:

Betty J. Moe, Regulatory Analyst
Department of Health
P.O. Box 47858
Olympia, WA 98504-7852

Email: Betty.Moe@doh.wa.gov or CQAC@doh.wa.gov

Naturopathic Physician Continuing Education Requirements WAC 246-836-080 23-20-063 Accepting comments | Read the CR-101 (PDF) | Read the CR-102 (PDF)

The Board of Naturopathy is proposing amendments to ensure clear CE requirements including designation of pharmacology CE credits, classification of CE categories, and implementation of the health equity CE requirements, mandated by Engrossed Substitute Senate Bill (ESSB) 5229 (chapter 276, Laws of 2021).

For hearing and commenting information, please contact Rachel Phipps at 564-233-1277. 

Physical Location

Department of Health
Town Center 2, Room 153
111 Israel Road S.E.
Tumwater, WA 98501

Attend Virtually

Register for the Zoom meeting

After registering you will receive a confirmation email containing information about joining the webinar.

Submit Written Comments

Submit written comments to:

Rachel Phipps
P.O. Box 47852
Olympia, WA 98504-7864

Fax: 360-236-2901

Submit a comment online