WSR 04-24-044



(Health and Rehabilitative Services Administration)

[ Filed November 29, 2004, 11:28 a.m. ]

Subject of Possible Rule Making: Amending WAC 388-865-0400 and other related rules to address changes to chapter 71.05 RCW regarding new requirements for licensed mental health providers to allow access to mental health information by the Department of Corrections.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.05.445 and 71.05.390 as amended by chapter 166, Laws of 2004 (E2SSB 6358).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 166, Laws of 2004 (E2SSB 6358) has added new requirements for mental health providers in their communication with the Department of Corrections and county designated mental health professionals. There have also been changes in the law regarding the confidentiality of consumers receiving mental health services. New rules related to WAC 388-865-0410 through 388-865-0430 must be developed to reflect these new requirements.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS invites the public to review and provide input on the development of these rules. This includes but is not limited to representatives of the regional support networks, mental health providers, mental health consumers and the Department of Corrections. Draft material and information about how to participate may be obtained by contacting the department representative below. At a later date the department will file proposed rules, invite formal comments, and hold a public hearing. A copy of the proposal will be sent to everyone on the mailing list for rules on this subject and to those who request the proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Robin Roberts, Mental Health Division, P.O. Box 445320, Olympia, WA 98504, phone (360) 902-0829 voice, fax (360) 902-7691, e-mail

November 29, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 


Washington State Code Reviser's Office