WSR 04-05-081

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed February 17, 2004, 4:34 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

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

Purpose: This filing is to correct a typographical error to an incorrect WAC reference.

Other Identifying Information: This proposed rule that corrects a typographical error without changing the effect of the rule is exempt from filing a CR-101 preproposal statement of inquiry under RCW 34.05.310 (4)(d).

Statutory Authority for Adoption: RCW 71.05.560.

Statute Being Implemented: Chapter 71.05 RCW.

Summary: This filing is to correct a typographical error to an incorrect WAC reference.

Reasons Supporting Proposal: Providing correct information to the public.

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: This filing is to correct a typographical error to an incorrect WAC reference.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule corrects a typographical error and does not [impose] costs on small businesses.

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: Lacey Government Center (public parking behind Sakura Japanese Restaurant), Room 104-B, 1009 College Street, Lacey, WA, on March 23, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by March 19, 2004, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensFH@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., March 23, 2004.

Date of Intended Adoption: Not sooner than March 24, 2004.

February 10, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3368.1
AMENDATORY SECTION(Amending WSR 04-01-091, filed 12/16/03, effective 1/16/04)

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)) 246-337 WAC; and

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

[Statutory Authority: RCW 71.05.560 and chapter 71.05 RCW. 04-01-091, 388-865-0465, filed 12/16/03, effective 1/16/04.]

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