WSR 20-07-105

DEPARTMENT OF HEALTH

[Filed March 17, 2020, 3:21 p.m.]

I. INTRODUCTION AND PURPOSE: The Washington state department of health (department) is waiving certain behavioral health agency licensing and certification requirements that impose an obligation on licensed behavioral health agencies to provide certain assessments and services "in person" or "face-to-face."

The department is issuing this waiver in response to the coronavirus disease 2019 (COVID-19) public health emergency to maximize the availability of behavioral health services and promote the safety of behavioral health patients and providers.

II. AUTHORITY: The department grants this waiver in accordance with WAC 246-341-0300(3). The terms of this waiver do not violate an existing state, federal, or tribal law.

III. SCOPE AND DURATION: This waiver applies to any licensed or certified behavioral health agency, as defined in RCW 71.24.025(26).

This waiver is limited to the licensing and certification requirements identified in Section IV. Licensing and certifications requirements that are not identified in Section IV remain effective and are not waived.

This waiver is in effect starting on the date it is signed in Section V, and will remain in effect until withdrawn by the department or until the governor issues a proclamation declaring the termination of the state of emergency declared by Proclamation 20-05, as amended by any subsequent amendatory proclamations, whichever is earlier.

IV. WAIVED LICENSING AND CERTIFICATION REQUIREMENTS: According to the terms of this waiver, the department waives the following licensing and certification requirements only to the extent they require a behavioral health agency to provide assessments or services "in person" or "face-to-face":

1. WAC 246-341-0610 (1)(a).

2. WAC 246-341-0200.

3. WAC 246-341-0712(3).

4. WAC 246-341-0820 (2)(a).

5. WAC 246-341-0910.

6. WAC 246-341-0915.

7. WAC 246-341-1110 (2)(b).

Dated: March 17, 2020.

John Wiesman, DrPH, MPH

Secretary