WSR 22-07-039
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed March 14, 2022, 10:08 a.m., effective March 16, 2022]
Effective Date of Rule: March 16, 2022.
Purpose: WAC 388-823-0510 Developmental disabilities administration (DDA) is clarifying from whom it accepts a written statement indicating a person's autism prevents the person from completing a full-scale intellectual quotient (FSIQ) test.
Citation of Rules Affected by this Order: Amending WAC 388-823-0510.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency rule expands the list of professionals qualified to provide a written statement that a person's autism prevents them from completing FSIQ testing. This change prevents disruption in service for DDA clients whose statement from a professional does not meet currently enacted requirements. A more comprehensive list of qualified professionals assists applicants for DDA services. This change reduces the potential impact to hospitals, law enforcement agencies, and behavioral health institutes by preserving the person's current living situation in the community. DDA eligibility and access to DDA services support both the client and the care system by providing predictable, stable services. Enacting this emergency rule prevents potential harm brought by disruption to services, or inability to access services.
This is the second emergency filing on this section. This subsequent filing is necessary to keep the amendments in effect until DDA can complete the permanent rule-making process. The department filed a CR-101 Preproposal under WSR 21-24-017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: March 11, 2022.
Katherine I. Vasquez
Rules Coordinator
SHS-4905.1
AMENDATORY SECTION(Amending WSR 21-13-164, filed 6/23/21, effective 8/1/21)
WAC 388-823-0510What constitutes substantial limitation due to autism?
(1) To establish substantial limitation due to autistic disorder diagnosed under the DSM-IV-TR, you must have an adaptive skills test score more than two standard deviations below the mean as described in WAC 388-823-0740 and subject to all of WAC 388-823-0740 and WAC 388-823-0750.
(2) To establish substantial limitation due to autism spectrum disorder diagnosed under the DSM-5 you must:
(a) Have an adaptive-skills test score more than two standard deviations below the mean as described in WAC 388-823-0740 and subject to WAC 388-823-0740 and WAC 388-823-0750; and
(b) Have either:
(i) A full-scale intellectual quotient (FSIQ) score more than one standard deviation below the mean as described in WAC 388-823-0720 and subject to WAC 388-823-0720 and WAC 388-823-0730; or
(ii) A ((written))signed statement from a ((professional)) qualified ((to administer intellectual tests stating))professional that your autism prevents you from completing ((the))FSIQ testing. "Qualified professional" means:
(A) Board-certified neurologist;
(B) Board-certified psychiatrist;
(C) Licensed psychologist;
(D) Licensed physician associated with an autism center, developmental center, or center of excellence; or
(E) Board-certified developmental and behavioral pediatrician.