State Regulatory Issues

State regulations have a big impact on hospitals, health systems and their patients. WSHA tracks rulemaking activity throughout the state and works closely with regulatory agencies, as well as other groups, to advocate for a reasonable regulatory environment. All statewide rulemaking activity is published in the Washington State Register.

Click here to see WSHA’s Top Priority State Rules Tracker

(Updated: September 15, 2020)

There are several regulatory issues at the top of WSHA’s priority list for September 2020, including:

CDTA– The Washington Medical Commission issued a pre-proposal to align the rules for collaborative drug therapy agreements (CDTA) with the new pharmacy rule for CDTA that took effect on July 1, 2020. According to the pre-proposal, “there are no statutes or rules that govern a physician’s responsibilities under a CDTA. A rule is needed to define the roles and responsibilities of the physician or physician assistant who enters into a CDTA, any defined limit to the number of pharmacists who may have a CDTA with any one physician or physician assistant, and how the physician or physician assistant and pharmacist can best collaborate under these agreements.” WSHA is monitoring this rulemaking and will provide updates. (David Streeter)

Clean Buildings– The Department of Commerce (COM) issued the proposal for the Clean Buildings rulemaking. WSHA actively engaged in the pre-rulemaking process and provided feedback that made the rules more appropriate for hospitals. WSHA’s comments resulted in a higher energy use target for hospitals, better classification of medical office buildings, and an allowance for health care buildings to account for electronic systems that operate 24/7 to protect patient safety. WSHA will continue its advocacy by participating in the public hearing on September 22, 2020. Additionally, WSHA held a workshop for hospitals to review the proposal and will provide materials from the session upon request. Please contact David Streeter for more information. (David Streeter)

Whistleblower Protections- The Department of Health (DOH) issued a bulletin and stakeholder draft for its revisions to Chapter 246-15 WAC- Whistleblower Complaints in Health Care Settings. This rulemaking will implement HB 1049 (2019), which expanded whistleblower protections for health care workers. The stakeholder draft follows DOH’s March pre-proposal regarding this rulemaking. Comments will be accepted via email to marlee.oneill@doh.wa.gov until October 7, 2020. WSHA will continue to provide updates as this rulemaking progresses. (Jaclyn Greenberg)

Remote Dispensing for Opioid Use Disorder Medications– The Pharmacy Quality Assurance Commission (PQAC) issued a pre-proposal to implement SB 6086 (2020). SB 6086 requires PQAC to adopt rules to establish the minimum standards for opioid use disorder medication remote dispensing sites. The pre-proposal explains that the forthcoming rules will be in addition to federal rules from the Drug Enforcement Administration (DEA) since OUD medications are controlled substances. WSHA is monitoring this rulemaking and will provide updates. (David Streeter)

EMS Data Reporting– DOH issued a pre-proposal to implement the data reporting component of SB 5380 (2019). SB 5380 requires EMS providers to report patient data electronically to DOH and allow for certain data sharing for the purpose of substance abuse treatment. WSHA is monitoring this rulemaking and will provide updates. (David Streeter)

Semi-Annual Rulemaking Agendas- Several state agencies issued their semi-annual rulemaking agendas, which outline their rulemaking priorities for the rest of 2020. Click below to view agendas for:

Please contact David Streeter with questions or for more information. (David Streeter

Click here to see WSHA’s Top Priority State Rules Tracker – **2020 Completed Rules**

Click here to see WSHA’s Top Priority State Rules Tracker – **2019 Completed Rules**

Click here to see WSHA’s Top Priority State Rules Tracker – **2018 Completed Rules**


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