What’s Happening?
The department is considering amending fees in chapter 246-254 WAC, Radiation protection fees, to cover the costs of the programs and account for the General Fund State (GFS) and foundational public health services (FPHS) funding reductions, salary adjustments, and the cost-of-living adjustments (COLAs) made in the 2025-2027 state budget (ESSB 5167).
RCW 43.70.250 authorizes the Secretary of Health to establish various fees associated with licensing and regulation of professions, occupations, or businesses. These fees must be set at a level that covers the costs of administering each program or license.
In the 2025-2027 state budget, the department is experiencing COLA increases, Class and Compensation increases, GFS reductions, and fund balance deficits.
The department has completed a financial assessment of the Office of Radiation Protection programs and determined the current fees are not generating sufficient revenue to cover the cost of the programs over the biennium.
Due to these reasons, the programs and fee sections considering fee adjustment are:
- WAC 246-254-053 X-Ray
- WAC 246-254-070, -080, -090, -100, -120 Radioactive Materials
- WAC 246-254-130, -140, -150 Radioactive Waste
The department may also consider making editorial updates to align with Code Reviser’s Bill Drafting Guide.
Why?
On September 5, 2025, the Department of Health filed proposed changes to chapter 246-254 WAC. The proposed changes are intended to amend fees for all programs ensure program costs are adequately covered. These fees must be set at a level that covers the costs of administering each program or license.
Get Involved
Comment Period Through October 21, 2025
The Department of Health invites you to comment on the proposal through October 21, 2025 at midnight. A public hearing will be held on October 21, 2025 beginning at 10:00 a.m. to give you an opportunity to provide oral comments.
You can register to attend the public hearing virtually. After registering, you will receive a confirmation email containing information about joining the webinar.
Written comments can be emailed to Zehra Siddiqui or submitted online at the department’s rules comment page.
Please note that all comments received, whether virtually, email, or online, will be given the same consideration. We encourage you to comment in a manner that is most convenient for you.
Proposed Rule Documents
CR-102 - Proposed Rulemaking (PDF)
Office of Radiation Fee Economic Impact Analysis Report (Word)
Tentative Rulemaking Timeline
- July 2025 – Start rulemaking
- July 2025 – Informal comment period
- September and October 2025 – Formal comment period and public hearing
- November 2025 – Rulemaking complete
Rulemaking Files
| Document | What's This? | Date Filed |
|---|---|---|
| CR-101 – Preproposal Statement of Inquiry (PDF) | Announces intent of rulemaking. | July 7, 2025 |
| Office of Radiation Fee Economic Impact Analysis Report (Word) | Explanation of fee adjustments. | |
| WAC 246-254-020 Payment of Fees (Word) | Draft changes for informal public comment. Comments due by July 25, 2025. | |
| WAC 246-254-053 X-Ray (Word) | Draft changes for informal public comment. Comments due by July 25, 2025. | |
| WAC 246-254-070, -080, -090, -100, -120 Radioactive Materials (Word) | Draft changes for informal public comment. Comments due by July 25, 2025. | |
| WAC 246-254-130, -140, -150 Radioactive Waste (Word) | Draft changes for informal public comment. Comments due by July 25, 2025. | |
| EPH Fees Rulemaking Informational Session (PDF) Recording of EPH Fees Rulemaking Informational Session |
Fee Rulemaking Information Session - July 15, 2025 | |
| CR-102 - Proposed Rulemaking (PDF) | Announces proposed permanent rulemaking. | September 5, 2025 |
Contacts
Zehra Siddiqui, Rules Coordinator
Jeanna Sieving, Fee Manager