Rules in Progress

Rulemaking is the process the Department of Health uses when proposing to create, change, or delete rules to protect public health. To learn more, see the department’s “What is Rule Making?” webpage and watch the Rulemaking at DOH video.

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Current Rules in Progress

Residential Treatment Facility (RTF) and Psychiatric Hospital Tribal Attestation Fee Rulemaking

The Department of Health filed a CR-103 (PDF) and adopted rules for chapter 246-337 WAC, 246-322 WAC and WAC 246-341-0367 to establish a fee for licensing residential treatment facilities (RTFs) and psychiatric hospitals through tribal attestation.

Supporting Documents:

Concise Explanatory Statement (PDF)

Behavioral Health Agency (BHA) and Residential Treatment Facility (RTF) Rulemaking regarding Fees

The Department of Health has completed rule-making workshops and a public hearing and filed a CR-103 (PDF) amending BHA WAC 246-341-0365 and RTF WAC 246-337-990 to increase fees to adequately fund inspections, investigations, and licensing programs. The rules will go into effect on July 15, 2025.

The Department of Health has filed a CR-103 (PDF) to correct an error related to the previous fee increase pertaining to the renewal fee amount. 

This rule will go into effect on July 15, 2025.

Substance Use Disorder facility discharge and transfer reporting requirement

The Department of Health has completed rulemaking workshops and has filed a CR-102 (PDF) with proposed language amending Chapter 246-341 WAC to implement 2SSB 6228 which requires the department to adopt rules related to reporting the transfer or discharge of a person without the person’s consent.

The public hearing has been completed, and the CR-103 filing is pending.

23-hour Crisis Relief Centers for Youth

The Department of Health filed a CR-101 (PDF) to consider amending Chapter 246-341 WAC to implement E2SSB 5853 establishing crisis receiving centers for minors (PDF).

Workshops have been completed, and the CR-102 filing is pending.

Opioid Treatment Program (OTP) Licensing and Certification

The Department of Health has adopted revised OTP licensing and certification requirements in chapter 246-341 WAC, which became effective on January 31, 2025.

The updated rules:

Align with federal OTP certification and treatment standards in 42 CFR Part 8 Allow licensed OTPs to operate a fixed-site medication unit as part of, but geographically separate from, their existing OTP. 

 

To be notified about OTP rulemaking, subscribe to GovDelivery. Enter your email address and then under Health Systems Quality Assurance (HSQA), select Opioid Treatment Programs and Behavioral Health Care Integration. 

• Significant Legislative Analysis  - includes a summary of proposed rule changes and financial impact information (PDF)

Supporting Documents:

Summary of Changes (PDF)

Modernize Behavioral Health Agency Licensing and Certification Requirements

Rule-making project to modernize behavioral health agency licensing and certification requirements in chapter 246-341 WAC.

BHA Rule Making Guidance Documents

• Certification Crosswalk (PDF) – shows where previous certifications/services are now located
• Matrix of Changes (PDF) – summary of revisions by WAC section (PDF)
• Frequently Asked Questions (PDF) – questions and answers about BHA licensing and certification rule revisions 

CR-103 Documents

CR-103 (PDF) includes revised rule language, effective May 1, 2023.

• Post Adoption Notice (PDF) – includes a summary of comments received during the public comment period and the department’s responses.
• Final Significant Legislative Rule Analysis (PDF) – includes summary of proposed rule changes and financial impact information.
• Revised BHA licensing and certification requirements (PDF) – effective May 1, 2023