WSR 97-08-073

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Division of Alcohol and Substance Abuse)

(Public Assistance)

[Filed April 2, 1997, 8:17 a.m.]

Supplemental Notice to WSR 97-02-009.

Preproposal statement of inquiry was filed as WSR 96-22-027.

Title of Rule: Certification requirements for chemical dependency treatment service providers.

Purpose: (1) Amend chapter 440-22 WAC sections and add new sections necessary to redefine the terms chemical dependency (CD) counselor and CD intern and add requirement to obtain "certification of qualification" and "letter of enrollment" respectively. (2) Amend chapter 440-22 WAC sections necessary to add the requirement for certified CD programs to adopt the patient placement criteria published by the American Society of Addiction Medicine (ASAM) as the standard for patient admissions, continuing care, transfers, and discharges. (3) Amend WAC 440-22-005, 440-22-225, 440-22-230, 440-22-310, and 440-22-335 to correct language or further explain the current regulations.

Statutory Authority for Adoption: RCW 70.96A.040 and [70.96A].090.

Statute Being Implemented: Chapter 70.96A RCW.

Summary: Supplemental filed to add additional language (WAC 440-22-253) to describe counselor/intern application process.

Reasons Supporting Proposal: (1) and (2) described in "Purpose" section are drafted and proposed at request of several chemical dependency provider associations.

Name of Agency Personnel Responsible for Drafting: Division of Alcohol and Substance Abuse, Gary Reynolds, Lacey, Washington, (360) 438-8054; Implementation and Enforcement: Division of Alcohol and Substance Abuse, Certification Section, Lacey, Washington, (360) 438-8052.

Name of Proponent: Margaret Jones, President, Association of Alcoholism and Addictions Programs; Don Thomas, President, Washington State Association of Independent Outpatient Programs; John Horngren, Chairman, Washington State Adolescent Chemical Dependency Treatment Providers; Leo Whiteford, Chairman, Northwest Indian Council on Chemical Dependency, and Northwest Indian Alcohol/Drug Specialist Certification Board; Diane Hall, President, Chemical Dependency Professionals of Washington State; Lanny Minuto, President, Chemical Dependency Counselor Certification Board; and Tom Armstrong, President, Northwest Chapter, National Association of Addiction Treatment Providers, private; and Department of Social and Health Services, Division of Alcohol and Substance Abuse, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: (1) Amendments will require CD counselor interns to obtain a "letter of enrollment" and CD counselors to obtain a "certificate of qualification" from the department which provides evidence that they meet the minimum respective standards described in chapter 440-22 WAC and are thereby qualified to work in state-approved CD programs. The changes will place responsibility for obtaining these credentials on the interns and counselors. This change will benefit all concerned (counselors, administrators, and Division of Alcohol and Substance Abuse program auditors) by (a) reducing the large amount of paperwork currently required in agency personnel files to provide evidence interns and counselors meet the qualification requirements; and (b) will provide a single page credential that interns and counselors can provide to certified CD program employers attesting they are qualified to work in state-approved CD treatment facilities. New sections are added to provide the rules for denial, expiration, suspension, or revocation of CD counselor certificate of qualification. This is necessary for the provision of due process. The amendment to add the knowledge exam and supervisor/peer review will bring the WAC standard into agreement with standards currently used by this state's private CD certification boards and by national CD certification boards. This addition provides additional tools for professional quality assurance by asking CD counselors to pass a knowledge exam and provide supervisor and peer counselor's attestation to the counselor's competency. A grandparenting section is included excluding currently qualified counselors from the knowledge exam requirement. supplemental: Adds CIs to grandparenting process (WAC 440-22-250). WAC 440-22-253 adds procedures for acquiring the letters of enrollment and certificate of qualification. Makes other minor cleanup changes.

(2) Amendments add a requirement for all state certified CD treatment programs to adopt and use the patient placement criteria published by the American Society of Addiction Medicine (ASAM) in making patient decisions for admission placement, continuing care, transfer, and discharge. This will provide Washington state's CD treatment programs with a nationally recognized, state of the art, criteria for making these decisions in line with several other states in the nation. Currently, there is no common standard being employed leaving patients and clinicians alike vulnerable to inappropriate placement, continuing care, transfer and discharge decisions. The ASAM standards are considered the most widely accepted criteria available within the CD field and will provide a "common language" for all professionals working in state-approved CD programs. No changes made to these sections in supplemental filing. supplemental: No changes.

(3) Amendment to WAC 440-22-005(47), (definition for "vulnerable adult") brings the definition into conformance with a recent change in this definition in RCW 43.43.830; WAC 440-22-225 adds wording to clarify acceptable training and work experience for probation assessment officers; WAC 440-22-230 removes a date reference for youth chemical dependency counselors that has passed; WAC 440-22-310 (2)(i) changes the current placement for the requirement for "patient redisclosure statement" into its own subsection. This will help mitigate confusion that the current placement of this wording in the WAC has caused; and WAC 440-22-335(3) adds wording to clarify this requirement. supplemental: Adds definition to WAC 440-22-005 for CD Counselor Certification Board and separates youth chemical dependency counselor definition into a separate definition.

Proposal Changes the Following Existing Rules: (1) Amends chemical dependency (CD) counselor qualification standards in WAC 440-22-005, 440-22-180, 440-22-200, 440-22-220, 440-22-225, 440-22-230, 440-22-240, and 440-22-250 by adding a knowledge exam and supervisor/peer review process; amending the definitions sections for CD counselors and CD interns and other sections describing requirements and process for obtaining "certificate of qualification" and "letter of endorsement" for CD counselors and CD interns respectively; adds new sections WAC 440-22-253, 440-22-255, and 440-22-257 to the chapter describing denial, expiration, suspension, or revocation of CD intern/counselor letter or endorsement/certificate of qualification.

(2) Amends WAC 440-22-005, 440-22-300, 440-22-320, 440-22-325, and 440-22-335 by adding a requirement for certified treatment agencies to use patient placement criteria published by the American Society of Addiction Medicine (ASAM) as the standard for making admission placement, continuing care, transfer, and discharge decisions.

(3) Amends the following sections of chapter 440-22 WAC to correct or clarify language: WAC 440-22-005, definition for "vulnerable adult" to bring it into conformance with an amendment to this definition in RCW 43.43.830; WAC 440-22-225, adding clarification language; WAC 440-22-230, removing an effective date that has been passed; WAC 440-22-310 (2)(i), corrected to clarify rule; and WAC 440-22-335(3), add additional explanatory language.

A small business economic impact statement has been prepared under chapter 19.85 RCW. No change in the small business economic impact statement from that published in WSR 97-02-009 for original submission of these amendments.

A copy of the statement may be obtained by writing to Gary Reynolds, WAC Coordinator, Division of Alcohol and Substance Abuse, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 438-8054, FAX (360) 438-8057, e-mail/Internet reynogl@dshs.wa.gov.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Social and Health Services is not a named agency under RCW 34.05.328.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on May 27, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin, Rules Coordinator, by May 6, 1997, (360) 902-7540 voice or TDD (360) 902-8324 or (360) 902-8317.

Submit Written Comments to and Include WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policy Assistance Unit, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850, e-mail lbaldwin@dshs.wa.gov, FAX (360) 902-8292, by May 27, 1997.

Date of Intended Adoption: No sooner than May 28, 1997.

April 1, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

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 97-09 issue of the Register.

Legislature Code Reviser

Register

Washington State Code Reviser's Office