WSR 10-18-102

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 1, 2010, 9:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-08-079.

Title of Rule and Other Identifying Information: The division of behavioral health and recovery (DBHR) is proposing to create a new chapter 388-816 WAC. The new proposed chapter will include WAC 388-816-0001 What is the purpose of this chapter?, 388-816-0005 What definitions are important throughout this chapter?, 388-816-0010 What problem and pathological gambling programs are certified by the department?, 388-816-0015 How do I apply for certification as a problem and pathological gambling treatment program?, 388-816-0020 How do currently certified or licensed agencies apply for added service?, 388-816-0025 What are the requirements for program facilities?, 388-816-0030 How does the department conduct an examination of facilities?, 388-816-0035 How does the department determine disqualification or denial of an application?, 388-816-0040 What happens after I make application for certification?, 388-816-0045 How do I apply for an exemption?, 388-816-0070 What do I need to do to maintain program certification?, 388-816-0075 What do I need to do for a change in ownership?, 388-816-0080 What do I do to relocate or remodel a facility?, 388-816-0085 How does the department assess penalties?, 388-816-0090 How does the department cancel certification?, 388-816-0095 How does the department suspend or revoke certification?, 388-816-0100 What is the prehearing, hearing, and appeal process?, 388-816-0105 What are the requirements for the governing body of the program?, 388-816-0110 What are the key responsibilities required of a program administrator?, 388-816-0115 What must be included in a program administrative manual?, 388-816-0120 What must be included in a program personnel manual?, 388-816-0125 What are program personnel file requirements?, 388-816-0130 What are the minimum qualifications for clinical staff members providing problem and pathological gambling treatment?, 388-816-0135 What must be included in the program clinical manual?, 388-816-0140 What are clients' rights requirements in certified programs?, 388-816-0145 What are the requirements for problem and pathological gambling assessments?, 388-816-0150 What are the requirements for treatment, continuing care, transfer, and discharge plans?, 388-816-0155 What are the requirements for a client record system?, 388-816-0160 What are the requirements for client record content?, 388-816-0165 What are the requirements for reporting client noncompliance?, 388-816-0170 What are the requirements for outcomes evaluation?, 388-816-0175 What are the requirements for outpatient services?, and 388-816-0180 What are the requirements for providing off-site problem and pathological gambling treatment services?

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html

or by calling (360) 664-6094), on October 26, 2010, at 10 a.m.

Date of Intended Adoption: Not earlier than October 27, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by

5 p.m. on October 26, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 6, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department will create a new chapter 388-816 WAC to address agency certification and implementation of the problem and pathological gambling treatment program. Without these rules on July 1, 2010, counselors within DBHR certified agencies would no longer be able to provide problem and pathological treatment services.

Reasons Supporting Proposal: The rules allow a problem and pathological gambling treatment program to hire staff under the department of health agency affiliated credential beginning July 1, 2010. The department of health abolished the registered counselor credential as of June 30, 2010, and will issue seven credentials under chapter 18.19 RCW. Chapter 388-816 WAC will give department of health authority to a grant credential to chemical dependency professionals who practice within an agency by allowing DBHR to certify problem and pathological gambling treatment programs.

RCW 18.19.020 state[s]:

(1) "Agency" means an agency or facility operated, licensed, or certified by the state of Washington.

(2) "Agency affiliated counselor" means a person registered under this chapter who is engaged in counseling and employed by an agency.

Statutory Authority for Adoption: RCW 43.20A.890, 74.08.090.

Statute Being Implemented: RCW 43.20A.890, and chapter 171, Laws of 2010.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: In section 1 (1) and (4), chapter 171, Laws of 2010, the legislature directed that "The department of social and health services to adopt rules establishing standards for the review and certification of treatment facilities under the program and pathological gambling treatment program."

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

Name of Agency Personnel Responsible for Drafting: Deb Cummins, P.O. Box 45330, Olympia, WA 98504, (360) 725-3716; Implementation and Enforcement: Linda Graves, P.O. Box 45330, Olympia, WA 98504, (360) 725-3813.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

See reviser's note below.

A copy of the statement may be obtained by contacting Linda Graves, Division of Behavioral Health and Recovery, P.O. Box 45330, Olympia, WA 98504, phone (360) 725-3813, fax, (360) 586-0343, e-mail linda.graves@dshs.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Linda Graves, Division of Behavioral Health and Recovery, P.O. Box 45330, Olympia, WA 98504, phone (360) 725-3813, fax, (360) 586-0343, e-mail linda.graves@dshs.wa.gov.

August 26, 2010

Katherine I. Vasquez

Rules Coordinator

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 10-19 issue of the Register.

Washington State Code Reviser's Office