WSR 08-04-109

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 6, 2008, 9:53 a.m. ]

Subject of Possible Rule Making: The department is amending WAC 388-76-10000 Definitions, 388-76-10230 Pets, 388-76-10235 Guardianship, 388-76-10330 Resident assessment, 388-76-10355 Negotiated care plan, 388-76-10650 Medical devices, 388-76-10725 Electronic monitoring equipment -- Resident requested use, 388-76-10775 Temperature and ventilation, 388-76-10840 Emergency food supply, 388-76-10845 Emergency drinking water supply, 388-76-10870 Resident evacuation capability levels -- Identification required, and 388-76-10995 Notice, hearing rights, and effective dates relating to imposition of remedies; and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To clarify requirements and make grammatical and technical corrections.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Office of administrative hearings provides administrative hearings for providers contesting decisions by the department to impose a remedy; Certified Professional Guardian Board - Supreme Court is responsible for training/continuing education, certifying and disciplining certified professional guardians. These groups will be asked to comment on drafts of proposed rule changes that might affect relevant subjects.

Process for Developing New Rule: Negotiated rule making; and DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy. The department intends to follow the negotiated rule-making process as required by statute once the exclusive representative of adult family home licensees is certified.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Roger A. Woodside, Program Manager, DSHS, Residential Care Services, Aging and Disability Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, TTY (877) 905-0454, e-mail woodsr@dshs.wa.gov. Interested parties and stakeholders can participate by accessing and commenting on the draft proposed rule language at http[:]//www.aasa.dshs.wa.gov/professional/afh.htm through e-mail, fax or direct contact with the program manager and/or through contacts with members of the statutorily established adult family home advisory committee.

February 6, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office