PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: The division of alcohol and substance abuse (DASA) is amending and repealing sections of chapter 388-805 WAC, Certification requirements for chemical dependency service providers, establishing the level of quality and patient care standards for chemical dependency service providers seeking certification by DSHS/DASA.
REASON FOR ADOPTION:
1. DASA is adopting amendments to chapter 388-805 WAC. The key new rules amendments proposed will implement:
RCW 70.96A.142, effective July 1, 2004, amended by the 2004 Washington state legislature in chapter 166, Laws of 2004.
RCW 70.96A.090, effective July 24, 2005, amended by the 2005 Washington state legislature in chapter 70, Laws of 2005.
RCW 70.96A.157, effective July 1, 2005, amended by the 2005 Washington state legislature in chapter 504, Laws of 2005.
2. In addition, DASA stakeholders recommended language clarifying the federal requirements of 42 Code of Federal Regulation, Part 2 and federal requirements regarding court ordered release of patient confidential information listed in 42 Code of Federal Regulations, Part 2, Sections 2.63 through 2.67 prior to the release of any patient identifying information. Other revisions included:
a. Language to clarify requirement of agencies to report critical incidents to DASA.
b. Language to clarify definitions for change of ownership, community relations plan, county coordinator, critical incident, determination of need, established ratio and opiate substitution treatment program.
c. Language is proposed to synchronize the term "client" to "patient" throughout the chapter.
d. Language is proposed to clarify for opiate substitution treatment programs:
| • | Application and relation process. |
| • | The state methadone authority must authorize exception to the take-home regulations as defined in 42 Code of Federal Regulations, Part 8.12. |
| • | Treatment plan reviews every six months after two years of continued care of a patient. |
| • | The administrator must formally appoint a medical director. The medical director is responsible for all medical services and compliance with state and federal regulations. |
Amending WAC 388-805-005 What definitions are important throughout this chapter?, 388-805-010 What chemical dependency services are certified by the department?, 388-805-030 What are the requirements for opiate substitution treatment program certification?, 388-805-035 What are the responsibilities for the department when an applicant applies for approval of an opiate substitution treatment program?, 388-805-040 How does the department determine there is a need in the community for opiate substitution treatment?, 388-805-085 What are the fees for agency certification?, 388-805-090 May certification fees be waived?, 388-805-100 What do I need to do to maintain agency certification?, 388-805-110 What do I do to relocate or remodel a facility?, 388-805-145 What are the key responsibilities required of an agency administrator?, 388-805-150 What must be included in an agency administrative manual?, 388-805-300 What must be included in the agency clinical manual?, 388-805-310 What are the requirements for chemical dependency assessments?, 388-805-315 What are the requirements for treatment, continuing care, transfer, and discharge plans?, 388-805-325 What are the requirements for patient record content?, 388-805-330 What are the requirements for reporting patient noncompliance?, 388-805-620 What are the requirements for outpatient services?, 388-805-625 What are the requirements for outpatient services for persons subject to RCW 46.61.5056?, 388-805-640 What are the requirements for providing off-site chemical dependency treatment services?, 388-805-710 What are the requirements for opiate substitution medical management?, 388-805-715 What are the requirements for opiate substitution medication management?, 388-805-740 What are the requirements for opiate substitution treatment counseling?, 388-805-750 What are the requirements for opiate substitution treatment take-home medications?, 388-805-800 What are the requirements for ADATSA assessment services?, 388-805-810 What are the requirements for DUI assessment providers?, 388-805-815 What are the requirements for DUI assessment services?, and 388-805-820 What are the requirements for alcohol and other drug information school?; and repealing WAC 388-805-850 What are the requirements for treatment accountability for safer communities (TASC) providers and services?
Citation of Existing Rules Affected by this Order: Repealing WAC 388-805-850; and amending WAC 388-805-005, 388-805-010, 388-805-030, 388-805-035, 388-805-040, 388-805-085, 388-805-090, 388-805-100, 388-805-110, 388-805-145, 388-805-150, 388-805-300, 388-805-310, 388-805-315, 388-805-325, 388-805-330, 388-805-620, 388-805-625, 388-805-640, 388-805-710, 388-805-715, 388-805-740, 388-805-750, 388-805-800, 388-805-810, 388-805-815, and 388-805-820.
Statutory Authority for Adoption: RCW 70.96A.090, 70.96A.142, and 70.96A.157.
Other Authority: Chapter 70.96A RCW; chapter 166, Laws of 2004; chapters 70 and 504, Laws of 2005; 42 C.F.R. part 2; and 42 C.F.R. part 8.
Adopted under notice filed as WSR 06-06-014 on February 17, 2006.
A final cost-benefit analysis is available by contacting Deb Cummins, Certification, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-3716, toll free 1-877-301-4557, fax (360) 438-8057, e-mail cummida@dshs.wa.gov. No changes were made. The preliminary cost-benefit analysis will be final.
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 6, 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 21, Repealed 1.
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 27, Repealed 1.
Date Adopted: May 10, 2006.
Andy Fernando, Manager
Rules and Policies Assistance Unit
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 06-13 issue of the Register.