WSR 03-22-090

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed November 5, 2003, 10:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-17-062.

Title of Rule: New WAC 388-865-0465 Adult residential treatment facility certification -- Additional standards.

Purpose: The Mental Health Division has developed this new rule to be consistent with rules being developed for residential treatment facilities by the Department of Health.

Statutory Authority for Adoption: RCW 71.05.560.

Statute Being Implemented: Chapter 71.05 RCW.

Summary: This rule is being developed to be consistent with the rules being developed for residential treatment facilities by the Department of Health.

Reasons Supporting Proposal: Treatment standards are more appropriate for regulation by the mental health program.

Name of Agency Personnel Responsible for Drafting and Implementation: Kathy Burns Peterson, P.O. Box 45320, Olympia, WA 98504, (360) 902-0843; and Enforcement: Darleen Vernon, P.O. Box 45320, Olympia, WA 98504, (360) 902-0873.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These changes are intended to result in improved delivery of services to DSHS clients. See Purpose, Summary and Reasons Supporting Proposal above.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes are improvements for clarity and do not have an economic impact to small businesses or small nonprofits compared to current rules for these facilities.

RCW 34.05.328 does not apply to this rule adoption. The department finds that this rule does not meet the definition of a significant legislative rule in RCW 34.05.328 (5)(c)(iii), and the provisions of this statute do not apply.

Hearing Location: Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on December 9, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by December 5, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., December 9, 2003.

Date of Intended Adoption: Not sooner than December 10, 2003.

October 30, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3303.3
NEW SECTION
WAC 388-865-0465   Adult residential treatment facility certification -- Additional standards.   In order to be certified to provide services at an adult residential treatment facility, the licensed mental health agency must assure that all general minimum standards for community support are met, and in addition:

(1) Be licensed as a mental health adult residential treatment facility by the department of health under chapter 246-377 WAC; and

(2) Be certified to provide services to a consumer on a less restrictive alternative court order consistent with WAC 388-865-0466.

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