Rulemaking Activity

The Board of Osteopathic Medicine and Surgery is proposing amendments to WAC 246-853-290, 246-853-300, 246-853-310, and 246-853-320 to update the rules regarding health profession monitoring programs. The proposed changes reflect updated language changes made by Substitute Senate Bill 5496 (chapter 43, Laws of 2022). In partnership with the Secretary of Health, technical amendments are also being proposed to WAC 246-853-990 to reflect changes to the updated rules and statute.

The Washington State Board of Nursing proposes amendments and an addition to rules relating to the board’s substance use disorder (SUD) monitoring program in response to Substitute House Bill (SHB) 1255 (chapter 141, Laws of 2023) including application requirements for a stipend.

The Department of Health is considering updates to chapter 246-811 WAC to lower barriers to entering and remaining in the SUDP workforce and to streamline and shorten the credentialing process.

The Washington State Department of Health (DOH) is proposing updates to reduce barriers to entering and remaining in the substance use disorder profession (SUDP) workforce and to streamline and shorten the credentialing process. Amending chapter 246-811 WAC, including repealing sections and creating new sections.

The Washington State Department of Health (DOH) adopted amendments to reduce barriers to entering and remaining in the workforce and to streamline and shorten the credentialing process. The adopted rule amended chapter 246-811 WAC, including repealing sections and creating new sections.

The Department of Health adopted amendments to reduce barriers to certification for Substance Use Disorder Professionals and Substance Use Disorder Professional Trainees. Changes include removing the requirement to verify educational coursework for applicants with a national certification in WAC 246-811-070, making pharmacists eligible for the alternative training pathway in WAC 246-811-076, and removing osteopathic physician assistants pursuant to Substitute House Bill 2378 (chapter 80, Laws of 2020). The rule also removes the obsolete AIDS training from the list of probationary license requirements pursuant to Engrossed Substitute House Bill 1551 (chapter 76, Laws of 2020).

The Washington State Department of Health (DOH) amended the substance use disorder professionals and substance use disorder professional trainees rules in chapter 246-811 WAC to reduce barriers to entering and remaining in the behavioral health workforce, to streamline the substance use disorder professional and trainee credentialing process, and to implement recent legislation.

The Washington State Department of Health (DOH) is adopting these emergency rules to reduce barriers to entering and remaining in the behavioral health workforce, to streamline the substance use disorder professional and trainee credentialing process, and to implement recent legislation. DOH is amending WACs 246-811-010, 246-811-025, 246-811-030, 246-811-035, 246-811-045, 246-811-046, 246-811-048, 246-811-049, 246-811-060, 246-811-070, 246-811-220, 246-811-240, 246-811-260, 246-811-990 and, creating WAC 246-811-310. These emergency rules are being continued while permanent rulemaking filed under WSR 24-10-011 on April 18, 2024, are in progress.

The Department of Health is considering implementing recent legislation by establishing a directory to help mental health counselor, marriage and family therapist, and social worker associates find supervisors; standards for supervision of associates a stipend program to offset some costs of supervision; and other changes.

The Washington State Board of Nursing (board) adopted amendments to WAC 246-840-095, reducing the length of time a temporary practice permit is effective and updating criteria to issue a temporary practice permit in order to align the internal board process with rule language and implement Second Substitute House Bill (2SHB) 1009 (chapter 165, Laws of 2023).

This policy clarifies the Pharmacy Quality Assurance Commission’s issuance of temporary practice permits to pharmacy interns who are spouses of military personnel. Policy number: P011. Effective Date: February 1, 2024.

The Department of Health is considering amending fees in WAC 246-358-990 to cover operating costs in the Temporary Worker Housing program. The department will consider updating or restructuring existing fees and creating new fees. Rulemaking is being considered because the department conducted an initial assessment of the program and determined the current fee is not generating sufficient revenue to cover the program’s costs.

The Washington State Department of Health (DOH) is considering amending wastewater treatment requirements in WAC 246-272A-0110, Table I, Category 2 to add NSF/ANSI 40 testing for Category 2 products.

The Washington State Department of Health (DOH) adopted a requirement for Category 2 products, listed in WAC 246-272A-0110, Table I to be tested according to NSF/ANSI 40 - Residential Wastewater Treatment Systems (versions dated between January 2009 and May 31, 2021).

The Pharmacy Quality Assurance Commission is proposing revisions to update references to regulations from other entities that have been incorporated into chapter 246-945 WAC and to make other clarifying changes that do not change the effect of the rule.

The Washington State Department of Health (DOH) has adopted changes to replace the term “honorable discharge” with “qualifying discharge” in WAC 246-12-530 and 246-12-560 in accordance with Second Substitute House Bill (2SHB) 2014 (chapter 146, Laws of 2024).

The Veterinary Board of Governors is considering updates to licensure, reactivation, continuing education, and examination requirements, which may include adding a new section in chapter 246-933 WAC and chapter 246-935 WAC to implement Second Substitute House Bill (2SHB) 1724 (chapter 425, Laws of 2023) and Second Substitute House Bill (2SHB) 1009 (chapter 165, Laws of 2023).

The Veterinary Board of Governors adopted health equity continuing education requirements in WAC 246-933-437 and WAC 246-935-307 for licensed veterinarians and veterinary technicians to implement Engrossed Substitute Senate Bill (ESSB) 5229 (chapter 276, Laws of 2021.)

The Veterinary Board of Governors is proposing amendments to chapters 246-933 and 246-935 WAC to reduce barriers to education, examination, and licensure requirements and proposing general housekeeping amendments by repealing the licensure examination rules that are no longer relevant.

The Veterinary Board of Governors has adopted amendments to physician health monitoring programs for substance use disorders of veterinarian professions to update language changes made by Substitute Senate Bill (SSB) 5496 (chapter 43, Laws of 2022). Amendments include terminology and definitions for currently accepted language and replacing "substance abuse" with "substance use disorder." The board also made amendments to correct citations and other general housekeeping changes.

The Veterinary Board of Governors is refiling proposed amendments to WAC 246-933-010 and WAC 246-933-200. This supplemental CR-102 is being filed without changes to the original proposal and is intended to hold a second public hearing, allowing the board to reconsider the proposal and provide additional opportunity for public comment. The proposed rules include relevant definitions and clarify the appropriate use and limitations of telehealth in providing veterinary services.

The Veterinary Board of Governors adopted rule changes to WAC 246-933-200 and 246-933-010 to clarify the conditions under which a veterinarian-client-patient relationship is established via telemedicine.

In response to three rules petitions received in 2022, the Veterinary Board of Governors is proposing changes to WAC 246-933-010 and 246-933-200 to establish additional standards for use of telehealth. The proposed rules add relevant definitions and specify boundaries on the use of telehealth in veterinary services.

The Veterinary Board of Governors adopted amendments to chapters 246-933 and 246-935 WAC to remove outdated exam requirements and reduce barriers.

The Washington State Department of Health (DOH) is considering amending WAC 246-491-350 to implement a new birth certificate fee waiver process authorized by Substitute Senate Bill 5030.

The Washington State Department of Health (DOH) continued without change the previous emergency rules, which require acute care hospitals to report hospital maintenance and operation data to DOH through Washington’s Healthcare and Emergency and Logistics Tracking Hub (WA HEALTH) in accordance with the WA HEALTH User Guide. The existing emergency rule was originally filed on August 31, 2022, as WSR 22-18-060.

The Department of Health is considering requiring acute care hospitals to report hospital maintenance and operation data to the department through the Washington Healthcare Emergency and Logistics Tracking Hub (WA HEALTH), a statewide data management system. The department will also consider requiring behavioral health agencies and facilities to report hospital maintenance and operation data to the department through WA HEALTH.

Clarifying opioid prescribing rules for allopathic physicians and physician assistants providing guidance to support compliant and effective patient care.

Effective Date: May 9, 2025. Filed May 20, 2025.

Ensuring patients understand opioid prescribing rules and providing guidance to support informed discussions with their health care practitioners.

Effective Date: May 9, 2025. Filed May 20, 2025.

It is the policy of the Washington Medical Commission (Commission) to consider the Clinical Experience Assessment (CEA) as the clinical assessment adopted by the Commission to determine the readiness of international medical graduates to apply and serve in residency programs according to RCW 18.71.472. Filed on January 31, 2025.

For students and residents on whom the Washington Medical Commission receives a complaint, the commission will, with some exceptions, refer the complaint back to program directors, deans, and supervising physicians for correction. Complaints filed against fellows, due to their increased training, may progress through the standard process established in law and commission rule, unless circumstances of the complaint or the training situation of the fellow require additional consideration. Filed April 11, 2025, as WSR 25-09-057.

This policy clarifies that medical students, residents, and fellows completing elective rotations in Washington state are exempt from licensure. However, they remain accountable to the Washington medical commission and may face disciplinary action if necessary.

Effective Date: May 9, 2025. Filed May 20, 2025.

The Washington State Department of Health (DOH) adopted amended fees that increased the surcharge assessed to physicians, physician assistants, osteopathic physicians, podiatric physicians, dentists, and veterinarians, and corrected the HEAL-WA fee for speech-language pathologists.

Provides clarity on discriminatory acts and the Diversity, Equity, Inclusion, and Belonging Commitment Statement.

The Pharmacy Quality Assurance Commission adopted amendments to WAC 246-945-507 to add four intramammary antibiotics to the list of approved legend drugs in chapter 246-945 WAC in response to a petition request from a veterinarian at Washington Department of Fish and Wildlife.

This memo serves as notice that the Department of Health (department) is withdrawing the CR-101 for Practice and Procedure rules regarding department public records requests, which was filed on July 06, 2023, and published as WSR 23-15-012.

The department is withdrawing this CR-101 because the scope of the project has changed and may include adopting a new chapter of rule specifically for public records. The department will continue to consider changes as identified in WSR 23-15-012.

The Washington State Department of Health (DOH) withdrew the CR-101 filed as WSR 21-23-082 filed November 16, 2021, concerning hospital systems of accounting, financial reporting, budgeting, and cost allocation in WAC 246-454-010, 246-454-020, 246-454-090, 246-454-110. The CR-101 is being withdrawn because amendments are necessary that were not included in the filing. DOH intends to file a new CR-101 to address this topic.

The Examining Board of Psychology is withdrawing a preproposal statement of inquiry amending psychology licensing requirements in chapter 246-924 WAC filed February 23, 2023, and published as WSR 23-06-041 because additional legislation requires the board to adopt rules on additional topics. The board will engage in rulemaking under a new rule package. 

Recent legislation substantially amended the structure of the planned stipend program. The department filed a new CR-101 to give appropriate notice to all impacted interested parties. Filed April 18, 2024.

The Department of Health withdrew the CR101 filed as WSR 21-17-040 for non-potable water systems because the scope of the possible rulemaking was too narrow. The department filed a broader scope to develop a more comprehensive rule. Filed April 16, 2024.

The Washington State Department of Health (DOH) withdrew the CR103E filed as WSR 24-14-091 on July 1, 2024, which reduces barriers to licensure and streamlines the credentialing process for the mental health counselor, marriage and family therapist, and social worker professions because it was a duplicate for WSR 24-14-080 which was filed on June 28, 2024.

Withdrawal of WSR 24-13-078, CR101 for WAC 246-916- 030, Applicants Currently Licensed in Other States. A new CR-101 will be filed to include WAC 246-916-010 to also consider national certification. Withdrawal filed as WSR 24-21-035.

Withdrawal of WSR 23-04-064, CR101 for WAC 246-980-100 and chapter 246-980 WAC regarding home care aide examinations. The CR-101 is no longer needed as the objectives of this rulemaking project were completed under another rulemaking project that was recently finalized on July 9, 2024, under WSR 24-15-025. Withdrawal filed as WSR 24-21-057.

The Department of Health withdrew the CR-101 published as WSR 23-04-061 and the CR-102 published as WSR 23-23-186 for WAC 246-282-990, Shellfish fees, because the 2024 Legislature passed a budget proviso that gives the department funding to contract with an independent third-party consultant to study the commercial shellfish regulatory program and make recommendations on fees. The budget proviso prohibits the department from increasing commercial shellfish fees during fiscal year 2025. Filed as WSR 24-08-079 and WSR 24-08-079A.

The Washington State Department of Health (DOH) withdrew CR-101 filed under WSR 25-03-002 regarding uniform enforcement framework for BHAs in order to consider including additional facility types.

Filed June 16, 2025, as WSR 25-13-074.

The Washington State Department of Health (DOH) adopted amendments to chapter 246-790 WAC revising the WIC vendor requirements, including vendor criteria and application procedures to encourage more vendors to participate.

The Department of Health is considering amending existing rules WAC 246-225-020 and 246-225-030 and creating new rules in chapter 246-225 WAC, X-Rays in the Healing Arts, to address technological advances in radiation therapy and fluoroscopic X-ray, establish machine performance and quality control standards, and to address plan review shielding requirements. Amendments to radiation therapy rules considered by the department will apply only to machine generated ionizing radiation, and not radiopharmaceuticals or radioactive materials.