Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-082.

Title of Rule: Repeals WAC 440-25, Administration of chemical dependency services and replaces it with new WAC 388-810, entitled Administration of county chemical dependency prevention, treatment, and support services.

Purpose: WAC 440-25, addressing county government administration of local chemical dependency treatment and prevention services, has been reviewed in its entirety, updated, and replaced with new WAC 388-810 in keeping with Governor Locke's Regulatory Improvement Order, Executive Order 97-02 and Secretary Quasim's April 17, 1997, Executive Order on Regulatory Improvement.

Statutory Authority for Adoption: RCW 70.96A.040, 70.96A.090, and 70.96A.180.

Statute Being Implemented: RCW 70.96A.

Summary: Rules have been reviewed in their entirety by a committee consisting of county government officials, designated chemical dependency specialist stakeholders, and department staff. Out-of-date rules have been eliminated with the remainder of the rules updated and rewritten in clear rule writing style. See Exhibit 1 for a detailed description of the proposed changes.

Name of Agency Personnel Responsible for Drafting: Gary Reynolds, P.O. Box 45330, Olympia, WA 98504, e-mail reynogl@dshs.wa.gov, (360) 438-8054; Implementation and Enforcement: Nancy Reid, P.O. Box 45330, Olympia, WA 98504, e-mail reidnk@dshs.wa.gov, (360) 438-8214.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 440-25 was adopted establishing rules to implement sections of RCW 70.96A pertaining to providing chemical dependency prevention, treatment and support services through the counties and defining county-designated chemical dependency specialists. The rule was last amended in 1993 and is in need of review and updating in accordance with regulatory improvement principles. The amendments will make the rule easier to understand and promote more efficient government to government operations. In addition, the Department of Social and Health Services (DSHS) has decided to place all DSHS rules under one title (Title 388 WAC) to assist the public to, more easily, locate rules that effect them. WAC 388-810 has been assigned as the new chapter to replace WAC 440-25. This amendment "migrates" WAC 440-25 to the new WAC 388-810.

Proposal Changes the Following Existing Rules: The chart below describes, in detail, the amendments proposed by the Division of Alcohol and Substance Abuse (DASA) for WAC 440-25. These amendments were brought about through discussion meetings DASA held with significant stakeholders over the past three months. This work was initiated in keeping with DASA's regulatory improvement review plan which details our plan to review and update as necessary all DASA "issuances" in keeping with Governor Locke's Executive Order (97-02). In addition, WAC 440-25 has been changed to reflect the recent DSHS directive to migrate all DASA managed WAC chapters to a new Title 388 WAC series. Thus, WAC 440-25 becomes WAC 388-810.

It is our intent to repeal WAC 440-25 in its entirety and replace it with amended language under the new number WAC 388-810. The following chart will detail the specific amendment action taken in regards to WAC 440-25 as currently codified.

WAC 440-25 Section	WAC 388-810 Section	Section Title and Description of Changes
005	005	Purpose. Rewritten in clear rule-writing style.
010	010	Definitions. • Repealed definitions for: "chemical dependency" and "plan." • Changed term "county alcoholism and other drug addiction program coordinator" to "county chemical dependency program coordinator." • Added new definition for "county chemical dependency prevention, treatment, and support program."
020	020	County alcohol and other drug addiction program coordinator - Qualification standards. • Combined WAC 440-25-020 with 440-25-030 and retitled "What are the requirements to be qualified as a county chemical dependency program coordinator?"
030	020	County alcohol and other drug addiction program coordinator - Duties. • Combined some language from this section with WAC 440-25-020 language.
040	030	County-designated chemical dependency specialist--Duties. • Updated the qualification standards for county-designated chemical dependency specialists to be consistent with recent chemical dependency professional credentialing law and rules. • Retitled the section "What are the requirements to be a county-designated chemical dependency specialist?"
050	NA	Plan development and submission. • Repealed in its entirety.
060	040	Service priority. • Revised and rewritten in clear rule-writing style. • Retitled the section "Who determines the service priorities for the county chemical dependency prevention, treatment, and support program?"
070	050 and 060	Funding Formula. • Revised and rewritten in clear rule-writing style. • Retitled the section "How are the funds allocated that are available for the county chemical dependency prevention, treatment, and support program?" • Created a new WAC 388-810-060 titled "What is the limitation on how much money a county can claim for administration of the county chemical dependency prevention, treatment, and support program?" using language rewritten from the old WAC 440-25-070(4).
080	070	Contracting. • Revised and rewritten in clear rule-writing style. • Retitled the section "How will funds be made available to the county?"
090	080	Subcontracting. • Repealed most of this section. • Rewritten in clear rule-writing style. • Retitled the section "May a county subcontract for chemical dependency prevention, treatment, and support services?"
100	NA	Payments. • Repealed in its entirety.
110	NA	Appeal procedure. • Repealed in its entirety.
120	090	Exemptions. • Rewritten in clear rule-writing style. • Retitled the section "How does a county request an exemption?"

No small business economic impact statement has been prepared under RCW 19.85. DASA has reviewed the proposed rules and has concluded that these rules only apply to counties. No profit-oriented businesses are affected. Therefore, DASA is exempt from preparing a small business economic impact statement.

RCW 34.05.328 applies to this rule adoption. A Cost Benefit Analysis (CBA) was completed. A copy of the CBA may be obtained by sending a request to Gary Reynolds, Policy Leadworker, Certification Section, Division of Alcohol and Substances Abuse, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 438-8054, e-mail reynogl@dshs.wa.gov.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 7, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by August 27, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 7, 1999.

Date of Intended Adoption: September 20, 1999.

July 27, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

The purpose of this chapter is to describe the planning, contracting, and provision of chemical dependency prevention, treatment, and support services through counties (see RCW 70.96A).

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"County" means each county or two or more counties acting jointly.

"County chemical dependency program coordinator" means a person appointed by the county legislative authority as the chief executive officer responsible for carrying out the duties under RCW 70.96A.

"County chemical dependency prevention, treatment, and support program” means services and activities funded by the department through a negotiated contract between a county and the department.

"Department" means the department of social and health services (DSHS).

"Designated chemical dependency specialist" means a person designated by the county chemical dependency program coordinator to perform the involuntary commitment duties under RCW 70.96A.

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A county chemical dependency program coordinator must have training and experience in:

(1) Chemical dependency prevention, intervention, and treatment strategies used in combating chemical dependency; and

(2) Administration of social and/or human services programs, sufficient to perform the following duties:

(a) Providing general supervision over the county chemical dependency prevention, treatment, and support program;

(b) Preparing plans and applications for funds to support the county chemical dependency prevention, treatment, and support program;

(c) Monitoring the delivery of services to assure conformance with plans and contracts;

(d) Providing staff support to the county alcoholism and other drug addiction board;

(e) Selecting the county designated chemical dependency specialist(s) to perform the intervention, involuntary detention and commitment duties as described under RCW 70.96A.120 and 70.96A.140; and

(f) Advising DSHS, county courts, law enforcement agencies, hospitals, chemical dependency programs, and other local health care and service agencies in the county as to who has been designated as the chemical dependency specialist(s).

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A county-designated chemical dependency specialist must:

(1) Be certified as a chemical dependency professional (CDP) by the department of health under chapter 18-205 RCW, or meet or exceed the requirements to be eligible to be certified as a CDP as described in WAC 246-811;

(2) Demonstrate knowledge of the laws regarding the involuntary commitment of chemically dependent adolescents and adults; and

(3) Demonstrate knowledge and skills in differential assessment of mentally ill and chemically dependant clients.

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(1) DSHS determines the service priorities for services funded by the department.

(2) DSHS must inform the county of the service priorities during the contract negotiation process.

(3) Counties must follow DSHS’s service priorities when delivering chemical dependency program services supported by department funds.

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(1) For the purposes of this section, "county" means the legal subdivision of the state, regardless of any agreement between two counties.

(2) The department shall allocate the funds available to the counties through funding formulas jointly developed with representatives of the counties, to carry out the intent of the federal and state legislated appropriations including any budget provisos.

(3) For information on current funding formulas, contact: Chief Financial Officer, Division of Alcohol and Substance Abuse, P.O. Box 45330, Olympia, Washington 98504-5330, Telephone: (360) 438-8088.

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A county may not use more than ten percent of the chemical dependency prevention, treatment, and support program funds managed by the county for administering the program.

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(1) DSHS and each county negotiates and executes a county contract before the department reimburses the county for chemical dependency prevention, treatment, and support program services.

(2) DSHS may authorize the county to continue providing services according to a previous county contract and reimburse at the average level of the previous contract, in order to continue services until the department executes a new contract.

(3) DSHS may make advance payments to a county, if the payments facilitate sound program management.

(4) DSHS may require fiscal and program reports.

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A county may subcontract for services specified in the contract.

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(1) A county may request an exemption to these rules by sending a written request to the department.

(2) DSHS may grant an exemption if the department's assessment of the exemption request:

(a) Ensures the exemption does not undermine the legislative intent of RCW 70.96A; and

(b) Shows that granting the exemption does not adversely affect the quality of the services, supervision, health, and safety of department customers.

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     The following sections of the Washington Administrative Code are repealed:

WAC 440-25-005	Purpose.
WAC 440-25-010	Definitions.
WAC 440-25-020	County alcohol and other drug addiction program coordinator–Qualification standards.
WAC 440-25-030	County alcohol and other drug addiction program coordinator–Duties.
WAC 440-25-040	County-designated chemical dependency specialist–Duties.
WAC 440-25-050	Plan development and submission.
WAC 440-25-060	Service priority.
WAC 440-25-070	Funding formula.
WAC 440-25-080	Contracting.
WAC 440-25-090	Subcontracting.
WAC 440-25-100	Payments.
WAC 440-25-110	Appeal procedure.
WAC 440-25-120	Exemptions.