Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-09-067.

     Title of Rule and Other Identifying Information: The department proposes to adopt new chapters 388-877A, 388-877B, 388-877C WAC to establish the specific requirements for the licensing and certification of behavioral health agencies that provide mental health, chemical dependency, and/or problem and pathological gambling treatment services. These rules support the general requirements in proposed chapter 388-877 WAC which will establish general behavioral health services administrative standards for behavioral health agencies.

     See Reviser's note below.

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on February 26, 2013, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than February 27, 2013.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on February 26, 2013.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by January 15, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The new rules in chapters 388-877A, 388-877B, and 388-877C WAC will establish program-specific rules for mental health, chemical dependency, and problem and pathological gambling services and replace the current rules in chapters 388-865, 388-816, and 388-805 WAC. The new rules support the department's proposed chapter 388-877 WAC, which will establish general administrative standards for agencies that provide behavioral health services.

     Reasons Supporting Proposal: The new rules provide agencies with program-specific rules for mental health, chemical dependency, and/or problem and pathological gambling treatment programs that support the department's proposed chapter 388-877 WAC, which will establish general administrative standards for agencies that provide behavioral health services. The rules cross reference to the definitions in proposed WAC 388-877-0200 that merges and places into one section definitions for terms and phrases that apply to both the general behavioral health services administrative rules and the behavioral health services program-specific rules.

     Statutory Authority for Adoption: Chapters 70.02, 70.96A, 71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090, 43.20A.890; 42 C.F.R. Part 8.

     Statute Being Implemented: Chapters 70.02, 70.96A, 71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090, 43.20A.890; 42 C.F.R. Part 8.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, (360) 725-1342; Implementation and Enforcement: Pete Marburger, P.O. Box 45330, Olympia, WA 98504-5330, (360) 725-1513.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     A copy of the statement may be obtained by contacting Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 725-2280, e-mail kathy.sayre@dshs.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 725-2280, e-mail kathy.sayre@dshs.wa.gov.

December 20, 2012

Katherine I. Vasquez

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 13-03 issue of the Register.