WSR 00-08-100

PROPOSED RULES

DEPARTMENT OF HEALTH


(Chemical Dependency Professionals)

[ Filed April 5, 2000, 9:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-035.

Title of Rule: WAC 246-811-090, 246-811-100 and 246-811-110, client disclosure information.

Purpose: There is a need to implement the 1998 legislation to further define what disclosure information certified chemical dependency professionals will be required to provide to their clients.

Statutory Authority for Adoption: RCW 18.205.060(15).

Statute Being Implemented: Chapter 18.205 RCW.

Summary: This statute allows the department to establish disclosure statement requirements. The disclosure requirements would provide clients with information concerning their chemical dependency professional treatment to ensure protection of their health and safety.

Reasons Supporting Proposal: A collaborative effort was made to include stakeholders, practicing CDP providers, the chemical dependency advisory committee, and the Department of Health. The proposed rule reflects this effort in setting disclosure statement requirements.

Name of Agency Personnel Responsible for Drafting: Kris Waidely, Program Manager, 1300 S.E. Quince, Olympia, WA, (360) 236-4906; Implementation and Enforcement: Shellie Pierce, Program Manager, 1300 S.E. Quince, Olympia, WA, (360) 236-4907.

Name of Proponent: Department of Health, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Health professions must be self supportive.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule specifies the client disclosure information that chemical dependency professionals would provide to their clients.

Proposal does not change existing rules.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

The proposed rule for client disclosure information poses a minimal cost to the practitioner. Under the Regulatory Fairness Act (chapter 19.85 RCW), a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The more than minimum cost threshold from "804 Office of Clinics and Other Healthcare Practitioners" is set at $110.00. The new cost to implement the proposed rule does not exceed the threshold, therefore, a small business economic impact statement is not required.

A copy of the statement may be obtained by writing to Kris Waidely, Program Manager, CDP Program, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4906, fax (360) 236-4909.

RCW 34.05.328 applies to this rule adoption. The client disclosure information would provide clients with information concerning their chemical dependency professional and would inform clients of their rights if their practitioner violates the acts of unprofessional conduct in RCW 18.130.180.

Hearing Location: 1101 South Eastside Street, Room 6A, Olympia, WA, on May 12, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kris Waidely by May 5, 2000, TDD (800) 833-6388, or (360) 236-4906.

Submit Written Comments to: Kris Waidely, Program Manager, CDP Program, P.O. Box 47869, Olympia, WA 98504-7869, fax (360) 236-4909, by May 5, 2000.

Date of Intended Adoption: May 31, 2000.

April 3, 2000

M. C. Selecky

Secretary

OTS-3718.2

CLIENT DISCLOSURE INFORMATION
NEW SECTION
WAC 246-811-090
Who must provide client disclosure information?

Chemical dependency professionals must provide disclosure information to each client prior to the delivery of certified services (WAC 440-22-010). Disclosure information may be printed in a format of the chemical dependency professional's choosing or in a general format used by a state approved treatment facility.

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NEW SECTION
WAC 246-811-100
What must I include on my disclosure statement?

(1) The following information must be printed on all disclosure statements provided to counseling clients in language that can be easily understood by the client:

(a) Name of firm, agency, business, or chemical dependency professional's practice.

(b) Chemical dependency professional's business address and telephone number.

(c) Washington state certified chemical dependency professional number.

(d) The chemical dependency professional's name with credentials.

(e) Billing information, including:

(i) Client's cost per each counseling session;

(ii) Billing practices, including any advance payments and refunds.

(f) A list of the acts of unprofessional conduct in RCW 18.130.180 including the name, address, and contact telephone number within the department of health.

(2) The chemical dependency professional and the client must sign and date a statement indicating that the client has been provided a copy of the required disclosure information and the client has read and understands the information provided.

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NEW SECTION
WAC 246-811-110
What happens if I fail to provide client disclosure information?

Failure to provide to the client any of the disclosure information required by WAC 246-811-090 and 246-811-100 constitutes an act of unprofessional conduct as defined in RCW 18.130.180(7) and may be grounds for disciplinary action.

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Washington State Code Reviser's Office