Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-21-078.

     Title of Rule and Other Identifying Information: The department is creating new sections in chapter 388-865 WAC, WAC 388-865-0750 Crisis stabilization unit certification, 388-865-0755 Standards for administration, 388-865-0760 Admission and intake evaluation, 388-865-0765 Use of seclusion and restraint procedures, 388-865-0770 Assessment and stabilization services, 388-865-0775 Qualification requirements for staff, 388-865-0780 Posting rights, and 388-865-0785 Rights related to antipsychotic medications.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on June 10, 2008, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 11, 2008.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 10, 2008.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 3, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2007 legislature passed a provision (SSB 5533) requiring the department to certify crisis stabilization units that meet minimum standards.

     Reasons Supporting Proposal: Crisis stabilization units will provide law enforcement an alternative to placing individuals, who are behaving erratically but not apparently dangerous to themselves or others, in a hospital or jail. Certification will provide assurance that crisis stabilization units are equipped to safety handle people that could require seclusion and restraint.

     Statutory Authority for Adoption: RCW 71.05.020 and 71.24.035.

     Statute Being Implemented: Chapter 375, Laws of 2007 (SSB 5533).

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

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Kevin Sullivan, P.O. Box 45504, Olympia, WA 98504-5504, (360) 902-0836; Implementation: Tony O'Leary, P.O. Box 45320, Olympia, WA 98504-5320, (360) 902-0787; and Enforcement: Pete Marburger, P.O. Box 45320, Olympia, WA 98504-5320, (360) 902-0837.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and concludes that they do not impose more than minor costs for affected small businesses.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Tony O'Leary, P.O. Box 45320, Olympia, WA 98504-5320, phone (360) 902-0787, fax (360) 902-7691, e-mail o'leaap@dshs.wa.gov.

May 1, 2008

Stephanie E. Schiller

Rules Coordinator

     (a) Be licensed by the department of health;

     (b) Ensure that the unit and its services are accessible to all persons, pursuant to federal, state, and local laws; and

     (c) Successfully complete a provisional and annual on-site review by the mental health division to determine facility compliance with the minimum standards of this section and chapter 71.05 RCW.

     (2) If a crisis stabilization unit is part of a jail, the unit must be located in an area of the building that is physically separate from the general population. "Physically separate" means:

     (a) Out of sight and sound of the general population at all times;

     (b) Located in an area with no foot traffic between other areas of the building, except in the case of emergency evacuation; and

     (c) Has a secured entrance and exit between the unit and the rest of the facility.

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     (1) A description of the program, including age of persons to be served, length of stay, and services to be provided.

     (2) An organizational structure that demonstrates clear lines of authority for administrative oversight and clinical supervision.

     (3) The professional person in charge of administration of the unit is a mental health professional.

     (4) A management plan to monitor, collect data and develop improvements to meet the requirements of this chapter.

     (5) A policy management structure that establishes:

     (a) Procedures for maintaining and protecting personal medical/clinical records consistent with chapter 70.02 WAC, "Medical Records Health Care Information Access and Disclosure," and the Health Insurance Portability and Accountability Act (HIPAA);

     (b) Procedures for managing human resources to ensure that persons receive individualized evaluation and crisis stabilization services by adequate numbers of staff who are qualified and competent to carry out their assigned responsibilities;

     (c) Procedures for ensuring a secure environment appropriate to the legal status of the person(s), and necessary to protect the public safety. "Secure" means having:

     (i) All doors and windows leading to the outside locked at all times;

     (ii) Visual monitoring, either by line-of-sight or camera as appropriate to the individual;

     (iii) Adequate space to segregate violent or potentially violent persons from others;

     (iv) The means to contact law enforcement immediately in the event of an elopement from the facility; and

     (v) Adequate numbers of staff present at all times that are trained in facility security measures.

     (d) Procedures for admitting persons needing crisis stabilization services seven days a week, twenty-four hours a day;

     (e) Procedures to ensure that for persons who have been brought to the unit involuntarily by police, the stay is limited to twelve hours unless the individual has signed voluntarily into treatment.

     (f) Procedures to ensure that within twelve hours of the time of arrival to the crisis stabilization unit, individuals who have been detained by a designated mental health professional or designated crisis responder under chapter 71.05 or 70.96B RCW are transferred to a certified evaluation and treatment facility.

     (g) Procedures to assure appropriate and safe transportation of persons who are not approved for admission or detained for transfer to an evaluation and treatment facility, and if not in police custody, to their respective residence or other appropriate place;

     (h) Procedures to detain arrested persons who are not otherwise detained and transferred to an evaluation and treatment facility for a period of up to eight hours in order to enable law enforcement to return to the facility and take the person back into custody;

     (i) Procedures to ensure access to emergency life-sustaining treatment, necessary medical treatment, and medication;

     (j) Procedures to ensure the protection of personal and familial rights as described in WAC 388-865-0561 and chapter 71.05 RCW;

     (k) Procedures to inventory and safeguard the personal property of the persons being detained;

     (l) Procedures to ensure that a mental health professional (as defined in chapter 388-865 WAC) is on-site twenty-four hours a day, seven days a week;

     (m) Procedures to ensure that a licensed physician is available for consultation to direct care staff and patients twenty-four hours a day, seven days a week;

     (n) Procedures to provide warning to an identified individual and law enforcement when an individual has made a threat against an identified victim, in accordance with RCW 71.05.390(10);

     (o) Procedures to ensure the rights of persons to make mental health advance directives; and

     (p) Procedures to establish unit protocols for responding to the provisions of the advanced directives consistent with RCW 71.32.150.

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     (a) The clinical record must contain:

     (i) A statement of the circumstances under which the person was brought to the unit;

     (ii) The admission date and time; and

     (iii) The date and time when the twelve hour involuntary detention period ends.

     (b) The evaluation required in subsection (2)(c) of this section must be performed within three hours of arrival at the facility.

     (2) The facility must document that each person has received timely evaluations to determine the nature of the disorder and the services necessary, including at a minimum:

     (a) A health screening by an authorized healthcare provider as defined in WAC 246-337-005(22) to determine the healthcare needs of a person.

     (b) An assessment for chemical dependency and/or a co-occurring mental health and substance abuse disorder, utilizing the Global Appraisal of Individual Needs - Short Screener (GAIN-SS) or its successor.

     (c) An evaluation by a mental health professional to include at a minimum:

     (i) Mental status examination;

     (ii) Assessment of risk of harm to self, others, or property;

     (iii) Determination of whether to refer to a designated mental health professional (DMHP) or designated crisis responder (DCR) to initiate civil commitment proceedings.

     (d) Documentation that an evaluation by a DMHP/DCR was performed within the required time period, the results of the evaluation, and the disposition of the person.

     (e) Review of the person's current crisis plan, if applicable and available.

     (f) The admission diagnosis and what information the determination was based upon.

     (3) If the mental health professional determines that the needs of a person would be better served by placement in a chemical dependency treatment facility then the person must be referred to an approved treatment program defined under chapter 70.96A RCW.

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     (2) The use of restraints or seclusion must occur only when there is imminent danger to self or others and less restrictive measures have been determined to be ineffective to protect the person or others from harm. The reasons for the determination must be clearly documented in the clinical record.

     (3) The crisis stabilization unit must develop policies and procedures to assure that restraint and seclusion are utilized only to the extent necessary to ensure the safety of patients and others, and in accordance with WAC 246-337-110, 246-322-180, 246-320-745(6), and 388-865-0545.

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     (a) Assessment and stabilization services provided by the appropriate staff;

     (b) Coordination with the person's current treatment provider, if applicable;

     (c) A plan for discharge, including a plan for follow up that includes:

     (i) The name, address, and telephone number of the provider of follow-up services; and

     (ii) The follow-up appointment date and time, if known.

     (2) For persons admitted to the crisis stabilization unit on a voluntary basis, a crisis stabilization plan developed collaboratively with the person within twenty-four hours of admission that includes:

     (a) Strategies and interventions to resolve the crisis in the least restrictive manner possible;

     (b) Language that is understandable to the person and/or members of the person's support system; and

     (c) Measurable goals for progress toward resolving the crisis and returning to an optimal level of functioning.

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     (1) The provider must document that all staff have:

     (a) A current job description.

     (b) A current Washington state department of health license or registration as may be required for his/her position.

     (c) Washington State Patrol background checks for employees in contact with persons consistent with RCW 43.43.830.

     (d) An annual performance evaluation.

     (e) An individualized annual training plan, to include at minimum:

     (i) The skills he or she needs for his/her job description and the population served;

     (ii) Training regarding the least restrictive alternative options available in the community and how to access them;

     (iii) Methods of person care;

     (iv) Management of assaultive and self-destructive behaviors, including proper and safe use of seclusion and/or restraint procedures;

     (v) Methods to ensure appropriate security of the facility; and

     (vi) Requirements of chapters 71.05 and 71.34 RCW, this chapter, and protocols developed by the mental health division.

     (vii) If contract staff is providing direct services, the facility must ensure compliance with the training requirements outlined in subsection (1)(i) through (vii) in this section.

     (2) Clinical supervisors must meet the qualifications of mental health professionals as defined in WAC 388-865-0150.

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     (1) The clinical record must document:

     (a) The physician's attempt to obtain informed consent for antipsychotic medication;

     (b) The reasons why any antipsychotic medication is administered over the person's objection or lack of consent.

     (2) The physician may administer antipsychotic medications over a person's objections or lack of consent only when:

     (a) An emergency exists. An emergency exists if:

     (i) The person presents an imminent likelihood of serious harm to self or others;

     (ii) Medically acceptable alternatives to administration of antipsychotic medications are not available or are unlikely to be successful; and

     (iii) In the opinion of the physician, the person's condition constitutes an emergency requiring that treatment be instituted before obtaining a concurring opinion by a second physician.

     (b) There is a concurring opinion by a second physician for treatment up to thirty days.

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