WSR 14-17-011 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Behavioral Health and Service Integration Administration) [Filed August 7, 2014, 5:56 p.m., effective August 7, 2014, 5:56 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The proposed amendment revises WAC 388-865-0526 which contains the department's rules for single bed certification allowing treatment to an adult on a seventy-two hour detention or fourteen-day commitment in a facility that is not certified under chapter 388-865 WAC. This amendment will allow residential treatment facilities to be recognized for single bed certification.
Citation of Existing Rules Affected by this Order: Amending WAC 388-865-0526.
Statutory Authority for Adoption: RCW 71.05.560, 71.24.035, and 71.34.380.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This amendment may allow for certain appropriate consumers to be certified to a residential treatment facility and may prevent the inappropriate release of some patients who need involuntary mental health treatment. Some patients have received a single bed certification for the purposes of overcrowding and received emergent care in hospital emergency and acute care departments. Revising WAC 388-865-0526 will support appropriate evaluation and treatment in a residential treatment facility defined under chapter 246-337 WAC.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 7, 2014.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 09-02-030, filed 12/30/08, effective 1/30/09)
WAC 388-865-0526 Single bed certification.
At the discretion of the mental health division, an exception may be granted to allow treatment to an adult on a seventy-two hour detention or fourteen-day commitment in a facility that is not certified under WAC 388-865-0500; or for a maximum of thirty days to allow a community facility to provide treatment to an adult on a ninety- or one hundred eighty-day inpatient involuntary commitment order. For involuntarily detained or committed children, the exception may be granted to allow treatment in a facility not certified under WAC 388-865-0500 until the child's discharge from that setting to the community, or until they transfer to a bed in a children's long-term inpatient program (CLIP).
(1) The regional support network or its designee must submit a written request for a single bed certification to the mental health division prior to the commencement of the order. In the case of a child, the facility must submit the written request directly to the mental health division. If the DSHS secretary has assumed the duties assigned to a nonparticipating regional support network, a single bed certification may be requested by a mental health division designee contracted to provide inpatient authorization or designated crisis response services.
(2) The facility receiving the single bed certification must meet all requirements of this section unless specifically waived by the mental health division.
(3) The request for single bed certification must describe why the consumer meets at least one of the following criteria:
(a) The consumer requires services that are not available at a facility certified under this chapter or a state psychiatric hospital; or
(b) The consumer is expected to be ready for discharge from inpatient services within the next thirty days and being at a community facility would facilitate continuity of care, consistent with the consumer's individual treatment needs((.)); or
(c) The consumer can receive appropriate evaluation and treatment in a residential treatment facility, as defined under chapter 246-337 WAC and the certification will be only to such a residential facility.
(4) The mental health division director or the director's designee makes the decision and gives written notification to the requesting entity in the form of a single bed certification. The single bed certification must not contradict a specific provision of federal law or state statute.
(5) The mental health division may make site visits at any time to verify that the terms of the single bed certification are being met. Failure to comply with any term of this exception may result in corrective action. If the mental health division determines that the violation places consumers in imminent jeopardy, immediate revocation of this exception can occur.
(6) Neither consumers nor facilities have fair hearing rights as defined under chapter 388-02 WAC regarding single bed certification decisions by mental health division staff.
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