Department of Health Code Reviser Filings July 6, 2022 – August 24, 2022

Department of Health Code Reviser Filings July 6, 2022 – August 24, 2022

The following Department of Health rules and documents were filed with the Washington State’s Code Reviser Office from July 6, 2022-August 24, 2022. If you have any questions about the documents, please contact the person on the forms. 

Proposed Rule Making (CR-102)

WAC 246-335-510, 246-335-545, 246-335-610, and 246-335-645, In-Home Services Agencies rules. The Department of Health is proposing to expand the use of telemedicine to include supervisory activities and to align definitions with recent telemedicine legislation in Engrossed Substitute House Bill (ESHB) 1196 (chapter 157, Laws of 2021) and ESHB 1821 (chapter 213, Laws of 2022). Filed as WSR# 22-17-139.

Chapter 246-12 WAC, Health Equity Continuing Education Model Rules. The Department of Health is proposing model rules establishing minimum standards for health equity continuing education (CE) for health professions credentialed under RCW 18.130.040 with a continuing education requirement. Filed as WSR# 22-17-141.

Adopted Rules (CR-103P)

WAC 246-840-990, Nursing Fees. The Department of Health, in consultation with the Nursing Care Quality Assurance Commission, amended WAC 246-840-990 to implement fee changes for registered nurses (RNs), licensed practical nurses (LPNs), and advanced registered nurse practitioners (ARNPs).  The fee increases are necessary: to cover the cost of a database solution to replace an outdated licensing system; for staffing to continue nurse license processing within legislated timelines; and for staffing to address increased workload associated with nursing assistants and the long-term care crisis. A fee change for nursing technicians (nursing students working up to their level of education) did not occur. Filed as WSR# 22-15-074.

WAC 246-840-010, Definition of Nursing Technician. The Nursing Care Quality Assurance Commission (commission) is adopted an amendment to the definition of Nursing Technician (NT). The amendment aligns the definition of NT with RCW 18.79.340. Filed as WSR# 22-17-144.

Emergency Rules (CR-103E)

Chapter 246-335 WAC, In-Home Services Agencies. This emergency rule continues amendments to WAC 246-335-510, 246-335-545, 246-335-610, and 246-335-645. The Department of Health has also commenced permanent rulemaking on this topic under WSR #21-20-084. Amendments to WAC 246-335-545 and WAC 246-335-645 allow home health and hospice agencies to perform supervision either on-site or via telemedicine. Amendments to the definition of “telemedicine” in WAC 246-335-510 and WAC 246-335-610 clarify that telemedicine applies to both delivery of health care services and supervision of direct care providers. Amendments also clarify how telemedicine may be used. Filed as WSR# 22-16-067.

WAC 246-101-017, Novel coronavirus (SARS-CoV-2), coronavirus disease 2019 (COVID-19) reporting. The Washington State Board of Health has adopted an eighth emergency rule to continue to designate COVID-19 as a notifiable condition and establish reporting requirements for health care providers, health care facilities, laboratories, local health jurisdictions, and the Department of Agriculture to report certain data with COVID-19 test results, including relevant demographic details (e.g., patient’s age, race, ethnicity, sex), and testing information. The rule allows for certain waivers by a local health officer. The rule establishes what testing and demographic data need to be reported as well as the timing and mechanism of reporting in accordance with Public Law 116-136, § 18115(a), the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Filed as WSR# 22-17-087.

WAC 246-840-930 and WAC 246-841-405. Amending specific training requirements for Nursing Assistant Registered (NARs) and Home Care Aides (HCAs). These rules continue the initial emergency rules filed as WSR# 22-07-046 on March 14, 2022. The Nursing Care Quality Assurance Commission (commission) is refiling these emergency rules to allow a registered nurse delegator to delegate nursing tasks to a NAR or HCA without verifying the NAR or HCA has completed basic caregiver training in accordance with WAC 246-840-930(8)(b). To align with the corresponding NAR rule, the commission is adopting emergency language in WAC 246-841-405(2)(a) to remove the requirement that a NAR must show proof of completion of the basic caregiver training before performing any delegated nursing task. Filed as WSR# 22-15-020.

WACs 246-945-710, 246-945-712, 246-945-714, 246-945-716, 246-945-718, 246-945-720, 246-945-722, 246- 945-724, 246-945-726, and 246-945-728Medication assistance. The Pharmacy Quality Assurance Commission (commission) and Department of Health (department) filed jointly emergency rules to reinstate medication assistance rules as permitted under chapter 69.41 RCW. This adopted emergency rule will extend WSR# 22-07-063 filed on March 17, 2022. This rule establishes criteria for medication assistance in community-based and in-home care settings in accordance with chapter 69.41 RCW. Filed as WSR# 22-15-049.

WAC 246-300-001 Licensed health care facilities and coronavirus disease 2019 (COVID-19). Extending the adoption of an emergency rule that establishes that all health care facilities licensed by the Department of Health must comply with state and federal statutes, administrative rules, lawful orders, and other legal requirements relating to the operation of the facility and the control or prevention of the spread of COVID-19, including orders issued by the Governor, by the Secretary of Health, by a local board of health, and by a local health officer. This continues the emergency rule filed on April 22, 2022 as WSR 22-10-007.  Filed as WSR# 22-17-098.




Laura Hofmann, MSN, RN – Director of Clinical and Nursing Facility Regulatory Services
c: 425-231-4804

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August 30, 2022