WSR 14-22-016

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 23, 2014, 3:48 p.m.]

Subject of Possible Rule Making: WAC 388-865-0526, regarding single bed certification, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.05.560, 71.24.035, and 71.34.380.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending WAC 388-865-0526 as a result of the Washington Supreme Court decision in In re the Detention of D. W., et al., No. 90110-4. This section contains the department's rules for single bed certification which allows for the inpatient treatment of adults and children in facilities that are not certified as inpatient evaluation and treatment facilities.

Other related changes that arise during this rule making may be incorporated; other WAC sections may need to be updated as a result of this rule making. An emergency rule is in effect until the permanent rule is in place.

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 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.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 586-0341, TTY 1-800-833-6384, e-mail kathy.sayre@dshs.wa.gov.

October 23, 2014

Katherine I. Vasquez

Rules Coordinator