Rule-Making Activity

The Washington Medical Commission is considering amending WAC 246-919-601 to exempt the use of nitrous oxide in office-based surgical settings under certain circumstances. Additionally, the commission is considering adding a new subsection to further address the use of nitrous oxide in such settings.

Kaitlyn Dohahoe
360-236-4205

The Washington State Board of Nursing (board) is considering amendments to education and experience requirements in WAC 246-840-517 and other related sections in chapter 246-840 WAC for nurse administrators of baccalaureate nursing education programs in response to E2SSB 5582 (Chapter 126, Laws of 2023) codified as RCW 18.79.150.

Shad Bell

360-236-4711

Shad Bell
360-236-4711

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.

The Board of Nursing is adopting a new chapter and amendments which represent a collaboration between the Board of Nursing and the Department of Health to address necessary changes in the nursing assistant rules and to consolidate, renumber, eliminate redundancy, and consolidate to address necessary changes in the nursing assistant rules. 246-841 WAC, 246-842 WAC, 246-841A WAC.

The Washington State Board of Nursing is considering amendments and technical changes to existing rule sections and the establishment of new rule sections to implement skills testing by training programs in chapter 246-841A WAC.

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.

Shad Bell
360-236-4711

Shad Bell

Jessilyn Dagum

The Washington State Board of Nursing is proposing a new section of rule, WAC 246-840-5341, and amendments to WAC 246-840-534 to implement Engrossed Second Substitute Senate Bill (E2SSB) 5582 (chapter 126, Laws of 2023).

The Washington State Board of Nursing adopted a new section of rule, WAC 246-840-5341 to establish the requirements for use of simulation-based learning experiences as a substitute for required clinical and direct patient care experiences in licensed practical nurse (LPN), registered nurse (RN), or RN to Bachelor of Science in Nursing (BSN) education programs. The board also adopted amendments to the current simulation rule, WAC 246-840-534, to clarify the use of simulation at a 1:1 ratio.

Shad Bell

360-236-4711

The Washington State Department of Health (DOH) in consultation with the Washington State Board of Nursing, permanently adopted amendments to WAC 246-840-990 to make a housekeeping change to correct fee total amounts. There is no change to the fees being charged. The changes only correct a technical error in the total lines. 

The Washington State Department of Health (DOH), in consultation with the Washington State Board of Nursing, is proposing amendments to WAC 246-840-990 to make a housekeeping change to correct fee total amounts.

The Department of Health adopted a retired active fee for the nursing home administrator license. Concurrently, the Board of Nursing Home Administrators adopted a retired active status to allow an individual to practice in emergent or intermittent circumstances and pay a reduced renewal fee. This will allow individuals to fill in at nursing homes that need a temporary administrator while recruiting a new administrator to assist in emergency circumstances such as a pandemic.

The Board of Nursing Home Administrators adopted rule amendments and a new rule to expand and clarify licensure requirement for licensure and temporary practice permits by correcting and updating continuing education requirements, language and citations, and correcting a typographical error. The rule no longer requires HIV/AIDS education. The rules add health equity continuing education.

The Department of Health (department) is proposing to establish a retired active fee for the nursing home administrator license in WAC 246-843-990.

Rescission of interpretive statement NCIS2.00 for WAC 246-840-4659 because a permanent rule has been adopted in its place. The rule clarifies the application of the advanced practice pain management rules in nursing homes and long-term acute care hospitals and incorporated the interpretive statement into permanent rule. Filed on January 31, 2024.

The board engaged in rulemaking to clarify the application of the advanced practice pain management rules in nursing homes and long-term acute care hospitals and incorporated the interpretive statement into permanent rule. The proposed rule was adopted by the board in a rule hearing on May 12, 2023. The permanent rule was filed on June 29, 2023 as WSR 23-14-082.

The Washington State Department of Health (DOH) issued a policy statement providing clarity about the reporting requirements outlined in Substitute Senate Bill 5547, Nursing Pool Transparency. Effective Date: June 12, 2024.

Filed on August 1, 2024.

The Washington State Board of Nursing adopted rules amending WAC 246-840-750 through 246-840-780 and adding WAC 246-840-790 to establish new definitions, update existing terms, and add application requirements for a stipend for the substance use disorder monitoring program for nursing professionals in response to Substitute House Bill 1255 (chapter 141, Laws of 2023) codified in RCW 18.79.440.

The Washington State Board of Nursing adopted rules amending WAC 246-840-750 through 246-840-780 and adding WAC 246-840-790 to establish new definitions, update existing terms, and add application requirements for a stipend for the substance use disorder monitoring program for nursing professionals in response to Substitute House Bill 1255 (chapter 141, Laws of 2023) codified in RCW 18.79.440.

Shad Bell
360-236-4711

Shad Bell
360-236-4711

Purpose: WAC 246-847-991 Occupational therapy licensure compact (compact) privilege fees and renewal cycle. The Department of Health (department) is adopting a new section of rule, WAC 246-847-991, to implement Senate Bill (SB) 5518 (Chapter 152, Laws of 2022), which creates a new interstate licensure compact for occupational therapy and gives member states the discretion to charge a fee for granting compact privileges. The department is adopting a new rule to specify the compact fees and renewal cycle.

The Occupational Therapy Practice Board and Washington State Department of Health (DOH) jointly are proposing rule amendments to WAC 246-847-117 to reduce barriers for military spouses holding a temporary practice permit while entering and remaining in the occupational therapy workforce. Additionally, amendments are proposed to WAC 246-847-990 to create a new fee to cover the cost of the temporary permit.

The Occupational Therapy Practice Board and the Department of Health are considering amending rules and establishing fees for temporary practice permits in response to the Washington Military Spouse Employment Act.

The Occupational Therapy Practice Board is proposing rule amendments to reduce barriers to entering and remaining in the occupational therapy workforce and to streamline and shorten the credentialing process. The board is proposing revisions to WAC 246-847-051, 246-847-068, 246-847-070, 246-847-080, 246-847-125, and adding a new section, 246-847-127. Additionally, the proposal amends WAC 246-847-065 to adjust continuing education requirements so they align with the national certifying board and WAC 246-847-170 to ensure care is provided ethically and professionally.

The Department of Health is considering adopting a new chapter to Title 246 that establishes general administrative procedures and fees for non-potable water systems.

The Washington Medical Commission is proposing amendments to the commission’s opioid prescribing rules for allopathic physicians and physician assistants to exclude patients with sickle cell disease, to clarify tapering considerations, and to clarify the use of biological specimen testing. Amending WAC 246-918-801, WAC 246-918-870, WAC 246-918-900, WAC 246-919-851, WAC 246-919-920, and WAC 246-919-950.

This is a supplemental notice. The first CR-102 was filed March 30, 2024, as WSR 24-07-106.

The Board of Optometry is proposing amendments to reduce barriers for optometrists to enter and remain in the health care workforce. The proposed amendments remove the jurisprudence (JP) exam requirement from initial licensure in WAC 246-851-490 and add the JP exam as a requirement for a licensed optometrist’s first full CE reporting period in WAC 246-851-090 to be included within the existing CE hour requirement. The JP exam will no longer be a requirement prior to licensure by endorsement. Additionally, the proposed amendments clarify the minimum number of CE credit hours that must be obtained through synchronous and in-person learning and the maximum number of CE hours that may be earned through asynchronous learning.

The Board of Optometry adopted changes to WAC 246-851-090 and WAC 246-851-125 through 246-851-230 related to CE requirements for licensed optometrists. Adopted amendments include online continuing education, new definitions, limits on types and categories of CE hours, reference to other required trainings, CE documentation requirements, clarifying self-study requirements, and certain allowances during a declared state of emergency.

The Board of Optometry is proposing amendments to WAC 246-851-400, 246-851-410, 246-851-570 through 246-851-600 and establishing a new section WAC 246-851-515 to expand the optometrist scope of practice to include certain advanced procedures and establishes requirements for a license endorsement.

The Board of Optometry is considering amendments to optometrist continuing education and examination requirements in WAC 246-851-090 through 246-851-230 and WAC 246-851-490 to comply with Second Substitute House Bill (2SHB) 1724 (chapter 425, Laws of 2023) and to consider increasing the number of allowable online credits.

The Washington State Department of Health (DOH) is proposing a new rule in response to legislative requirements under Substitute House Bill (SHB) 1271 (chapter 290, Laws of 2023) to establish the minimum standards for organ transport vehicles and equipment in WAC 246-976-360.

The Washington State Department of Health (DOH) adopted a new rule establishing minimum requirements for vehicle and equipment standards, as well as establishes the licensing process to obtain an organ transport license.

The Washington State Department of Health (DOH), along with the Orthotics and Prosthetics Advisory Committee, is considering amendments to comply with recent legislation. To align chapter 246-850 WAC with 2SHB 1724 (chapter 425, Laws of 2023), DOH is considering amending the jurisprudence examination as a requirement for licensure and possibly incorporating knowledge of professional jurisprudence into continuing competency requirements for orthotists and prosthetists. DOH will consider amending WACs 246-850-060, 246-850-140, 246-850-150 and other related sections, along with the establishment of potential new WAC sections. 

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.

The Board of Osteopathic Medicine and Surgery is considering amending WAC 246-853-080 to update the continuing education (CE) requirements for licensure renewal of osteopathic physicians to clarify Washington-specific mandated CE requirements.

The Washington Medical Commission is proposing amendments to WAC 246-918-895 and WAC 246-919-945—Pain management specialist—Chronic pain, to align rule language with currently accepted language.

The Board of Osteopathic Medicine and Surgery is proposing amendments to WAC 246-853-080 to update the continuing education (CE) requirements for licensure renewal of osteopathic physicians to clarify Washington-specific mandated CE requirements.

The Board of Osteopathic Medicine and Surgery is considering amendments to update the examination requirements for licensure of osteopathic physicians in response to Second Substitute House Bill (2SHB) 1724 (chapter 425, Laws of 2023) and to reduce potentially unnecessary licensure barriers.

2SHB 1724 requires regulatory authorities to review licensure standards for health professionals in other states to determine substantial equivalency to Washington licensure standards in order to streamline and expedite credentialing processes. In response to this requirement, and to reduce potentially unnecessary licensure barriers, the board is considering amendments to the osteopathic physician examination requirements.

The Board of Osteopathic Medicine and Surgery is proposing amendments to update the examination requirements for licensure of osteopathic physicians in WAC 246-853-020.

The Board of Osteopathic Medicine and Surgery and the Washington State Department of Health (DOH) are proposing amendments to WAC 246-853-045 and WAC 246-853-21, and to repeal WAC 243-853-060, as a result of the review to clarify and update language.