Rule-Making Activity

The Board of Physical Therapy (board) is updating existing rules to reference amendments to the most recent Physical Therapy Licensure Compact Commission (PTLC) rules. The board has adopted an updated effective date in WAC 246-915A-010 to match the date of the most recent PTLC rules to comply with RCW 18.74.500 Article IX(2).

The Board of Physical Therapy is proposing to update the effective date in WAC 246-915A-010 for the Physical Therapy Compact per RCW 18.74.500 Article IX(2), updating the reference date to the most recent physical therapy licensure compact rules. This proposed rule will update the compact effective date to June 27, 2023. 

The Board of Physical Therapy has updated WAC 246-915A-010 to comply with RCW 18.74.500, Article IX (2), which mandates that the board adopt the most recent version of the compact commission rules to participate in the compact in the state of Washington. The adopted changes to WAC 246-915A-010 complies with the statute by incorporating by reference.

The Board of Physical Therapy is proposing to update the effective date in WAC 246-915A-010 to match the date of the most recent Physical Therapy Compact rules per RCW 18.74.500 Article IX(2). This proposed amendment will update the effective date in rule to June 17, 2024.

The Washington Medical Commission adopted amendments to WAC 246-918-076 and WAC 246-919-397 to align with the provisions of Second Substitute House Bill 1009, also known as the Military Spouse Employment Act, codified under RCW 18.340.020. These amendments streamline the license process for military spouses, ensuring consistency with state legislation and improving overall clarity and efficiency in the application process.

Amelia Boyd

PO Box 47866

Olympia, WA 98504

360-918-6336

amelia.boyd@doh.wa.gov

The Washington Medical Commission adopted amendments to chapter 246-918 WAC to implement Engrossed Substitute House Bill (ESHB) 2041 (chapter 62, Laws of 2024) which aims to establish clear guidelines and requirements for the collaboration between physician assistants and supervising physicians. The commission also adopted amendments that clarify and update terms.

The Washington Medical Commission is proposing amendments to chapter 246-918 WAC to implement Engrossed Substitute House Bill (ESHB) 2041 (chapter 62, Laws of 2024) which aims to establish clear guidelines and requirements for the collaboration between physician assistants (PAs) and supervising physicians.

The Washington Medical Commission is proposing amendments to WAC 246-919-330 to remove two requirements that have become a barrier to licensure. The purpose of this proposal is to amend the rules to align them with current practices and remove barriers to licensure for qualified applicants entering the physician workforce.

The Department of Health is considering a chapter review to reorganize sections and amend rules regarding J-1 Physician Visa waivers. The department is exploring updates to help meet the greatest needs across Washington State. The department will also look for increased clarity in the organizational structure, application criteria, and requirements for letters of support.

Amelia Boyd

PO Box 47866 Olympia, WA 98504-7866

360-918-6336

amelia.boyd@wmc.wa.gov

The Podiatric Medical Board has adopted sections WAC 246-922-300 and WAC 246-922-310 to comply with RCW 43.70.163. The board adopted the Department of Health’s health equity model rules, WAC 246-12-800 through 246-12-830, for podiatric physicians and surgeons. The adopted rule adds two hours of health equity education, as required in the model rules, to be completed as part of the current continuing competency requirements every four years. In addition, the board also adopted amendments that correct some confusing rule language to clarify that a resident in an approved postgraduate residency training program is not required to participate in podiatric continuing medical education. 

The Podiatric Medical Board (board) adopted amendments to WAC 246-922-400, WAC 246-922-405, WAC 246-922-410, and WAC 246-922-415 to update language regarding health profession monitoring programs to align with changes made by Substitute Senate Bill (SSB) 5496 (chapter 43, Laws of 2022).

The Podiatric Medical Board is considering updates to reduce licensure barriers for podiatric physician and surgeons and amending reciprocity requirements in WAC 246-922-055 to comply with Second Substitute House Bill (2SHB) 1724 (chapter 425, Laws of 2023) codified at RCW 18.130.077.

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).

Susan Gragg

PO Box 47852 Olympia, WA 98504-7852

Email:  podiatric@doh.wa.gov

Policy Number: AAC-23-01. The Department of Health clarified their position on implementation of new agency affiliated counselor credentials. Effective Date: July 23, 2023. Filed as WSR 23-23-116.

Policy Statement CHS-04-08-24: The Washington State Department of Health (DOH) issued a policy statement on enforcement discretion of certain requirements in chapter 246-341 WAC applicable to Opioid Treatment Program licensing and certification. Filed as WSR 24-12-021 on May 24, 2024.

The Washington Medical Commission has adopted amendments to WAC 246-919-330 to eliminate the outdated requirement for consecutive years of training in no more than two programs. This change removes a barrier for qualified applicants to obtain licensure. This permanent rule will supersede the emergency rule filed on March 8, 2024, as WSR 24-07-019.

The Washington Medical Commission has adopted amendments to WAC 246-919-330 to eliminate the outdated requirement for consecutive years of training in no more than two programs. This change removes a barrier for qualified applicants to obtain licensure. This permanent rule will supersede the emergency rule filed on March 8, 2024, as WSR 24-07-019.

The Pharmacy Quality Assurance Commission is proposing amendments to WAC 246-945-015 and adding four new sections to chapter 246-945 WAC establishing prescription label accessibility standards to ensure meaningful access to prescription information for patients with visual impairments or print disabilities, and for limited English Proficient patients.

The Pharmacy Quality Assurance Commission adopted new accessible labeling rules to establish requirements for all dispensing facilities [i.e., pharmacies, nonresident pharmacies, healthcare entities (HCE), hospital pharmacy associated clinics (HPAC)] and dispensing practitioners (i.e., health professionals with prescriptive authority in the State of Washington). The adopted rule addresses establish that all practitioners and facilities in the state of Washington dispensing prescription medications shall provide information to the patient on the prescription container in a format that can be accurately comprehended by the patient and inform patients about the availability of accessibility services. The adopted rule creates four new sections WACs 246-945-026, 246-945-027, 246-945-028, and 246-945-029. WAC 246-945-015 is also amended to inform dispensing practitioners that they must comply with the new sections of rule. 

The Pharmacy Quality Assurance Commission is considering creating a new section(s) in chapter 246-945 WAC related to the regulation of the practices of “white bagging” and “brown bagging” or any other transfer of a prescription or drug for the purpose of re-dispensing or subsequent administration to a patient. Concerns have been raised over ensuring the integrity and quality of these medications is maintained if such practices are used by prescribers, hospitals, or patients because these practices can create an unknown chain of custody.

Clarifying terms and information about prescription history for the PMP. The Department of Health (department) is considering clarifying that prescribers can request the history of prescriptions they have written. The department is considering changes to WAC 246-470- 010, 246-470-030, and 246-470-050 and potentially other related sections in chapter 246-470 WAC to help clarify rules including terms and definitions relating to the Prescription Monitoring Program.

The Washington State Department of Health (DOH) is proposing updates to WAC 246-470-010, 246-470-030, and 246-470-050 to add definitions and language consistency, and to clarify prescribers’ ability to request their prescribing history.

The Washington State Department of Health (DOH) adopted clarifying terms and added definitions of "delivery," "dispense," and "ultimate user." DOH also adopted language to clarify a prescriber’s ability to request the history of prescriptions the prescribers have written to decrease confusion regarding requirements of dispensers and prescribers.

The Pharmacy Quality Assurance Commission is considering amending WAC 246-945-345 and potentially establishing a new section in chapter 246-945 WAC to clarify the expectation of pharmacies related to prescription transfers upon patient request. Other amendments to facilitate the timely transfer of prescription may also be considered.

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 Washington State Department of Health (DOH) is considering revisions to WAC 246-924-990, psychology fees and renewal cycle, to: (1) update application, renewal, and other fees for a psychologist license; (2) establish a fee schedule for a licensed psychological associate license; and (3) establish a fee schedule for participation in the Psychology Interjurisdictional Compact (Psypact).

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 Examining Board of Psychologists adopted 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. The rules implement 2SHB 1724 (chapter 425, Laws of 2023) that reduce barriers to entering and remaining in the behavioral health workforce and to streamline the credentialing process.

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.