WSR 23-11-034

EMERGENCY RULES

DEPARTMENT OF

CHILDREN, YOUTH, AND FAMILIES

[Filed May 10, 2023, 4:58 p.m., effective May 10, 2023, 4:58 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This amendment enables the department of children, youth, and families to take enforcement action in the event a licensee doesn't ensure lifesaving medication is available in emergencies. This rule is intended to save lives. Currently, no other rule allows for this critical function. Further, in July 2022, an identical rule was updated in the licensing requirements for child foster homes (WAC 110-148-1565).

Citation of Rules Affected by this Order: Amending WAC 110-145-1850.

Statutory Authority for Adoption: RCW 74.15.030.

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: Due to the rising number of cases of opioid overdoses in our state, including among foster care children and youth, naloxone (Narcan) must be available to swiftly reverse the effects of an overdose. This rule change ensures lifesaving actions can be taken in group care facilities. This emergency rule making extends the original emergency that was filed on January 10, 2023, as WSR 23-03-050. Since the last filing, the rule has been through stakeholder review and is scheduled for a public hearing on May 23, 2023.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 10, 2023.

Brenda Villarreal

Rules Coordinator

OTS-4295.1