Rulemaking Activity

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 Washington State Department of Health (DOH) filed a CR-101 to revise fees under drinking water regulations for water system evaluation and project review and approval, certified operator and public water system certification fees in order to cover operating costs.

The Washington State Department of Health (DOH) is proposing amending fees for the Office of Drinking Water programs in WAC 246-290-990, WAC 246-292-995 and WAC 246-294-070 to cover operating costs for water system evaluation and project review and approval fees, certified operator and public water system certification fees, and operating permit fees. The rulemaking includes editorial updates, modernizing language, and clarifying existing fees.

The Washington State Department of Health (DOH) adopted amendments to fees for the Office of Drinking Water programs in WAC 246-290-990, WAC 246-292-995, and WAC 246-294-070 to cover operating costs for water system evaluation and project review and approval fees, certified operator and public water system certification fees, and operating permit fees. The rulemaking includes editorial updates, modernized language, and clarifications of existing fees.

The Washington State Department of Health (DOH) adopted amendments to fees for the Office of Environmental Health and Safety programs to cover operating costs for the following:

• WAC 246-205-990 Decontamination of Illegal Drug Manufacturing or Storage Sites
• WAC 246-260-9901 Water Recreation Facilities
• WAC 246-262-990 Recreational Water Contact Facilities
• WACs 246-272-2000 through 246-272-6000 Onsite Sewage Systems
• WAC 246-272-3000 Large Onsite Sewage Systems
• WAC 246-358-990 Temporary Worker Housing
• WAC 246-360-990 and 246-360-020Transient Accommodations
• WAC 246-380-990 Food Service

This adoption also includes making editorial updates, creating new fees, removing obsolete fees, clarifying existing fees, and aligning with the Code Reviser’s 2025 Bill Drafting Guide. DOH is delaying the adoption of amendments for WAC 246-282-990 for commercial shellfish to further review the proposed fee adjustments intended to align with the Greene Economic Report.
 

The Washington State Department of Health (DOH) proposed amending fees for the Office of Environmental Health and Safety programs to cover operating costs for the following:

• WAC 246-205-990 Decontamination of Illegal Drug Manufacturing or Storage Sites
• WAC 246-260-9901 Water Recreation Facilities
• WAC 246-262-990 Recreational Water Contact Facilities
• WACs 246-272-1000 through 246-272-6000 Onsite Sewage Systems
• WAC 246-272-3000 Large Onsite Sewage Systems
• WAC 246-282-990 Commercial Shellfish
• WAC 246-358-990 Temporary Worker Housing
• WAC 246-360-990 and 246-360-020 Transient Accommodations
• WAC 246-380-990 Food Service

This proposal also makes editorial updates, modernizes language, creates new fees, removes obsolete fees, and clarifies existing fees. 

The Washington State Department of Health (DOH) filed a CR-101 to revise fees for services regulated under the Office of Radiation Protection in order to cover operating costs.

The Washington State Department of Health (DOH) proposed amending fees in chapter 246-254 WAC, Radiation protection fees, to cover operating costs and making editorial updates, modernizing language, and clarifying existing fees.

The Washington State Department of Health (DOH) adopted amendments to fees in chapter 246-254 WAC, radiation protection fees, to cover operating costs. This adoption also includes making editorial updates, clarifying existing fees, and aligning with the Code Reviser’s 2025 Bill Drafting Guide.

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 Washington State Department of Health (DOH) in consultation with the Dental Quality Assurance Commission added facility types to the list of opioid prescribing exclusions for dentists. Amendments to WAC 246-817-905 expand the types of patients who are exempt from opioid prescribing rules.

The Washington Medical Commission is considering amending opioid prescribing rules to modernize the language, add clarity, and bring the rules in line with current practice in WAC 246-919-850 through 246-919-985 and WAC 246-918-800 through 246-918-935.

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 new WAC 246-851-515 and amendments to WACs 246-851-400, 246-851-410, and 246-851-570 through 246-851-600 to expand optometrist scope of practice to include advanced procedures an optometrist may perform with an advanced procedures license endorsement.

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 Board of Optometry adopted amendments to WAC 246-851-400, 246-851-410, and 246-851-570 through 246-851-600 to correct citations that were affected by recent legislation.

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) adopted amendments to WAC 246-850-060, 246-850-140, and 246-850-150 establishing jurisprudence exam requirements for orthotics and prosthetics licensure.

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. 

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 has adopted 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 (board) adopted amendments in WAC 246-853-020 to update the examination requirements for licensure of osteopathic physicians, allowing applicants to select one out of the four nationally approved examination series instead of selecting a combination of two or more examinations to qualify for licensure. Additionally, the board removed the Osteopathic Principles and Practices exam as one of the examination options as this is an underutilized pathway to licensure.

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.

The Board of Osteopathic Medicine and Surgery has adopted 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 adopted changes align existing rule language with the changes made in Substitute Senate Bill (SSB) 5496 (chapter 43, Laws of 2022). These changes align the rules with currently accepted language for substance use disorders and related monitoring programs.

The Board of Osteopathic Medicine and Surgery (board) conducted a review of all sections in chapter 246-853 WAC that have not been reviewed in the last five years and identified that WAC 246-853-045 and 246-853-210 contain outdated language. The board adopted amendments to update the term "practitioner" to "osteopathic physician" to be consistent with the entire chapter. The board has also identified that WAC 246-853-060 does not contain any rule language content and is repealing this section.

The Washington Medical Commission adopted amendments to WAC 246-918-895 and 246-919-945 to align rule language with currently accepted language.

The Board of Hearing and Speech adopted rules to reflect federal changes for over-the-counter (OTC) hearing aids. To align with changes in federal regulation, the board’s adopted amendment removes requirements in WAC 246-828-100 for medical clearance as a condition for sale of OTC hearing aids. The adopted changes to WAC 246-828-100 only remove requirements no longer permitted by federal rule and do not otherwise change licensure requirements.

The Board of Nursing filed a CR101 to consider updates to pain management rules for advanced practice nurses, including consistency with state and national guidelines under WAC 246-840-460 and 246-840-465.

The State Board of Health (SBOH) is considering amending WAC 246-290-315, State Action Levels (SALs) and State Minimum Contaminant Levels (MCLs), and WAC 246-290-71006, Public notice for contaminants with a SAL and other unregulated contaminants, to align with the federal Environmental Protection Agency’s (EPA) new federal standards for PFAS. The SBOH adopted an emergency rule and is now considering permanent rule amendments. 

The Washington State Department of Health (DOH) proposed amending chapters 246-290 and 246-390 WAC to adopt by reference federal PFAS standards and requirements.

The Washington State Department of Health (DOH) proposes to amend chapter 246-290 WAC, Group A Public Water Supplies, and chapter 246-390 WAC, Drinking Water and Laboratory Certification and Data Reporting, to align with recent changes to 40 CFR Part 141 regarding PFAS, and adopt the national primary drinking water regulations by reference.

The Pharmacy Quality Assurance Commission adopted amendments to WAC 246-945-480 to require additional reporting requirements to customers and the commission in advance of pharmaceutical firms permanently closing.

The Pharmacy Quality Assurance Commission (commission) is proposing to amend WAC 246-945-480 to require additional reporting requirements provided to customers and the commission in advance of permanent closures. The commission is proposing to add WAC 246-945-231 to consolidate the reporting requirement for pharmaceutical firms to report disciplinary action to the commission and add WAC 246-945-592 to establish reporting requirements for permanently closing manufacturers and wholesalers.

The Pharmacy Quality Assurance Commission is considering amending WAC 246-945-480 and creating new sections in chapter 246-945 WAC to improve notifications and prescription transfer directions provided to patients when the facility closes permanently.

The Pharmacy Quality Assurance Commission adopted amendments to WAC 246-945-585 and 246-945-590 to define "suspicious order," provide guidelines for suspicious order reporting, and removed zero report requirements.

The Pharmacy Quality Assurance Commission adopted health equity continuing education requirements to meet the requirements of the Department of Health’s equity model rules in WAC 246-12-800 through 246-12-830. The adopted rules add one hour of health equity education every two years, coinciding with the license renewal cycles for both pharmacists and pharmacy technicians.

In 2020, the Pharmacy Quality Assurance Commission consolidated multiple chapters of rules into chapter 246-945 WAC that covers the practice of pharmacy. This adopted rule amends WAC 246-945-040(1) to incorporate Title 21 of the CFR by reference for the purpose of capturing any changes made to Title 21 after WAC 246-945-040 went into effect on July 1, 2020. Language was also added to the rule for the purpose of providing individuals directions for acquiring copies of the reference material listed for public inspection.

The Pharmacy Quality Assurance Commission proposed a new section, WAC 246-945-416 Alternate Distribution Models, related to how alternate distribution models for prescribed and dispensed medications may be used by dispensing facilities and receiving facilities regulated by the commission that choose to use such models.

The Pharmacy Quality Assurance Commission is proposing to amend WAC 246-945-231 to clarify the time frame for pharmaceutical firms to report disciplinary action to the commission.

The Pharmacy Quality Assurance Commission is proposing to amend WAC 246-945-155 to grant additional renewals to pharmacy interns. Additionally, the commission proposes to amend WAC 246-945-156 to extend the duration of pharmacy intern temporary practice permits to 180 days which stems from compliance with Second Substitute House Bill (2SHB) 1009 (chapter 165, Laws of 2023).

The Pharmacy Quality Assurance Commission (commission) adopted amendments to WAC 246-945-155 and WAC 246-945-156 related to pharmacy intern registration requirements. The commission amended WAC 246-945-155 to grant additional renewals to pharmacy interns parties, and amended WAC 246-945-156 to extend the duration of pharmacy intern temporary practice permits to 180 days.

The Pharmacy Quality Assurance Commission is considering amending WAC 246-945-155, WAC 246-945-156, and adding a new section to chapter 246-945 WAC. These changes would grant renewal extensions to pharmacy interns and would extend temporary pharmacy intern practice permits for spouses of military personnel in accordance with Second Substitute House Bill 1009 (chapter 165, Laws of 2023).

The Pharmacy Quality Assurance Commission adopted amendments to WAC 246-945-345 and a created a new section, WAC 246-945-346, to establish the expectations of pharmacies related to noncontrolled and controlled substance prescription transfers upon patient request.