Recently Implemented Laws & Regulations

AIDS Education & Training No Longer Required

During the 2020 legislative session, in an effort to update Washington’s laws regarding HIV transmission, the Legislature passed Engrossed Substitute House Bill 1551. The bill, among other things, removes the requirement for all health care professionals to complete education and training on the prevention, transmission, and treatment of AIDS. Prior to the bill’s passage, dentists, EFDAs, dental assistants, and dental hygienists in Washington state were required to complete seven hours of instruction in HIV/AIDS education and training in order to be licensed. As of June 11, 2020, this education and training is no longer required.

---

Rules Under Consideration

Dental Anesthesia

The Dental Quality Assurance Commission (DQAC) is considering amendments to update general requirements for the administration of anesthetic agents for dental procedures. Among the changes made in the draft rules, the Commission is considering amendments to:

• Address 24-hour on-call availability requirements
• Require on-site inspections for dentists holding certain sedation permits
• Create a new pediatric sedation endorsement
• Increase the initial permitting requirements for moderate sedation with enteral agents
• Restructure continuing education requirements for anesthesia providers

Should you have concerns with any of the changes proposed in the draft rules, WSDA strongly encourages you to submit your comments to DQAC.

Specialty Representation

This summer, the Commission approved proposed rule language to establish standards for dentists when advertising as a specialist. DQAC opened rulemaking regarding our state’s dental specialty representation rule after receiving a request to recognize the American Board of Dental Specialties boards/areas of specialty and other potential specialties in rule. The Commission is currently in the process of determining a date for the next step in the rulemaking process, the rule hearing, during which the Commission will consider final adoption of the proposed rule.

---

Rules Coming Into Effect

Dental Infection Control

At the Oct. 23, 2020 rule hearing, DQAC approved new dental infection control rules. The new rules will take effect 31 days after the final rules are filed with the Department of Health. The rules add several new requirements for dental providers, including the sterilization of single-use items when appropriate, requirements for high volume evacuation, and an hour of annual infection prevention training.

The rules also call for a delayed implementation of the sterilization of slow-speed hand piece motors and periodic testing of water delivery systems. The requirement to sterilize slow-speed hand piece motors will take effect Aug. 31, 2022. The requirement to test dental unit water quality according to the manufacturer’s instructions, or quarterly if such instructions are not available, will take effect Dec. 1, 2021.

For more information about the infection control rules and how to comply, please check back to wsda.org/regulations once the rules have gone into effect.

Washington State Overtime Regulations — January 2021

The Department of Labor & Industries (L&I) announced the new Washington state minimum wage for 2021. As of Jan. 1, 2021 the state minimum wage will be $13.69 an hour, up from $13.50 an hour in 2020. The increase in minimum wage will impact salary thresholds for overtime exempt employees.

Based on the new minimum wage threshold, L&I has calculated the salary thresholds that will take effect Jan. 1, 2021 as follows:

• For small businesses (those with 1-50 employees), the threshold is 1.5 times the state minimum wage at $821.40 a week or $42,712.80 a year
• For large businesses (those with 51 or more employees), the threshold is 1.75 times the state minimum wage at $958.30 a week or $49,831.60 a year

Learn more here.

Telemedicine Training — January 2021

The Collaborative for the Advancement of Telemedicine (Collaborative) was established by the Legislature in 2016 to advance innovation in telehealth by sharing knowledge and telehealth resources throughout Washington state. In 2019, the Legislature passed Substitute Senate Bill 5386, which launched an optional telemedicine training created by the Collaborative for health care professionals providing telemedicine.

This year, the Legislature expanded on the 2019 legislation to mandate that beginning Jan. 1, 2021, health care providers performing telemedicine (excluding physicians and osteopathic physicians) complete either:

• A telemedicine training from the Collaborative
• An alternate training, which can include courses offered by hospitals and health care facilities, continuing education courses, or courses developed by a health professional board or commission

Providers of telemedicine must attest to having completed a telemedicine training.

Ahead of the Jan. 1 deadline, the Collaborative will publish a free, up-to-date, telemedicine training module that meets the training requirements for providers.

PMP Integration and Electronic Prescribing — September 2021

During the 2019 legislative session, the Legislature increased requirements for prescribing opioids by passing Substitute Senate Bill 5380. Under the new law, and following a nine-month waiver from the Department of Health, facilities, entities, offices, or provider groups with ten or more prescribers that use a federally certified electronic health record (EHR) system must demonstrate the ability to integrate their EHR system with the Prescription Monitoring Program (PMP) by Sept. 30, 2021.

The new law also requires that prescriptions for controlled substances (Schedules II-V) be communicated electronically beginning Sept. 30, 2021.

Time-limited waivers will be available for those that can demonstrate an inability to meet either requirement due to economic hardship, technological limitations that are not reasonably in the control of the facility, entity, office, or provider group, or other exceptional circumstances. 

---

Get Involved

WSDA strongly encourages members to get involved in the rulemaking process by reviewing proposed rules and providing feedback to DQAC. Visit wsda.org/regulations to learn more and for a link to sign up for DQAC’s interested parties email list.