PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-14-065.
Title of Rule: New chapter 388-875 WAC, Criminally insane person committed to the care of the Department of Social and Health Services -- Evaluation, placement, care and discharge. WAC 275-59-020, 275-59-030, and 275-59-060 are amended and recodified. The remaining sections in chapter 275-59 WAC are recodified into chapter 388-875 WAC.
Purpose: Compliance with the executive order on regulatory improvement; to make changes consistent with recent changes in the law; and renumber the rule for inclusion in Title 388 WAC.
Statutory Authority for Adoption: Chapter 10.77 RCW.
Statute Being Implemented: Chapter 10.77 RCW.
Summary: The proposed changes will bring the language of the rule into line with the language of the statute, and implement rules required by the statute.
Reasons Supporting Proposal: Compliance with the statute.
Name of Agency Personnel Responsible for Drafting: Kathy Burns Peterson, Office Building 2, Olympia, (360) 902-0843; Implementation: David Weston, Office Building 2, Olympia, (360) 902-0782; and Enforcement: Pat Terry, Acting Director, Office Building 2, Olympia, (360) 902-0790.
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: This proposed rule is about the evaluation and treatment of persons committed to the secretary for evaluation and treatment for criminal insanity. It requires individualized treatment and access to records by criminal justice agencies. It requires that if the defendant may be developmentally disabled that at least one of the experts or professional persons appointed must be a developmental disabilities professional.
Proposal Changes the Following Existing Rules: This proposed rule adds a requirement that certain documents must be made available to criminal justice agencies if they are requested in writing.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule has minor effect on businesses.
RCW 34.05.328 applies to this rule adoption. These proposed rules make significant changes to a policy or regulatory program. However, the department is exempt from the analysis required under RCW 34.05.328 because the changes implement state law without material change.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 10, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by October 3, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@dshs.wa.gov [coopekd@dshs.wa.gov].
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 10, 2000.
Date of Intended Adoption: No sooner than October 10, 2000.
August 15, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2805.1
(((1) "Secretary" means the
secretary of the department of social and health services or his
designee.
(2))) "Department" means the state department of social and health services.
(((3))) "Division" means the mental health division,
department of social and health services.
(((4))) "Evaluation" means the initial procedure when a
court requests the department to determine if a person charged
with a crime is competent to stand trial or, if indicated and
appropriate, if the person was suffering under a mental disease
or defect excluding responsibility at the time of the commission
of the crime.
"Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to himself or his family.
"Professional person" means:
(1) A psychiatrist. This is defined as a person having a license as a physician and surgeon in this state, who has in addition, completed three years of graduate training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association and who is certified or is eligible to be certified by the American Board of Psychiatry and Neurology or the American Osteopathic Board of Neurology and Psychiatry.
(2) A psychologist. This is defined as a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW.
(3) A social worker. This is defined as a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.
"Secretary" means the secretary of the department of social and health services or his designee.
"Superintendent" means the person responsible for the functioning of a treatment facility.
"Treatment facility" means any facility operated or approved by the department of social and health services for the treatment of the criminally insane. Such definition shall not include any state correctional institution or facility.
(((5) "Superintendent" means the person responsible for the
functioning of a treatment facility.
(6) "Evaluation" means the initial procedure when a court requests the department to determine if a person charged with a crime is competent to stand trial or, if indicated and appropriate, if the person was suffering under a mental disease or defect excluding responsibility at the time of the commission of the crime.
(7) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to himself or his family.
(8) "Mental health professional" means:
(a) A psychiatrist. This is defined as a person having a license as a physician and surgeon in this state, who has in addition, completed three years of graduate training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association.
(b) A psychologist. This is defined as a person with a doctoral degree in clinical psychology from an accredited college or university, or who has been licensed as a psychologist pursuant to chapter 18.83 RCW.
(c) A social worker. This is defined as a person with a master's or further advanced degree from an accredited school of social work, and who has had a minimum of two years of experience in the direct treatment of mentally ill or emotionally disturbed persons under the supervision of a mental health professional.
(d) A psychiatric nurse. This is defined as a registered nurse who has a master's or further advanced degree in psychiatric nursing from an accredited college or university, and who has had a minimum of two years of experience in the direct treatment of mentally ill or emotionally disturbed persons under the supervision of a mental health professional.))
[Statutory Authority: RCW 72.01.090. 79-03-038 (Order 1373), § 275-59-020, filed 3/1/79; Order 846, § 275-59-020, filed 8/9/73.]
The secretary designates to the division the responsibility for:
(1) Evaluation and treatment of any person committed to the secretary for evaluation or treatment, under chapter 10.77 RCW;
(2) Assisting the court in obtaining nondepartmental
((mental health professionals)) experts or professional persons
to participate in the evaluation or a hearing on behalf of the
defendant and supervising the procedure whereby such
professionals will be compensated, according to fee schedule if
the person being evaluated or treated is an indigent;
(3) Assuring that any nondepartmental ((mental health))
expert or professional person requesting compensation has
maintained adequate evaluation and treatment records which
justify compensation;
(4) Assisting the court by designation of experts or
professional((s)) persons to examine the defendant and report to
the court when the defendant is not committed to the secretary;
(5) Determination of what treatment ((center)) facility
shall have custody of persons committed to the secretary under
chapter 10.77 RCW.
(6) If the court is advised by any party that the defendant may be developmentally disabled, at least one of the experts or professional persons appointed shall be a developmental disabilities professional.
[Statutory Authority: RCW 72.01.090. 79-03-038 (Order 1373), § 275-59-030, filed 3/1/79; Order 846, § 275-59-030, filed 8/9/73.]
(1) Whenever a
person is committed to the secretary as criminally insane, the
treatment facility to which the person is assigned shall, within
fifteen days of admission to the ((center, and through the use of
appropriate mental health professionals)) facility, evaluate and
diagnose the committed person for the purpose of devising an
individualized treatment program.
(2) Every person, committed to the secretary as criminally
insane, shall have an individualized treatment plan formulated by
the treatment ((center)) facility. This plan shall be developed
by appropriate ((mental health professionals)) treatment team
members and implemented as soon as possible but no later than
fifteen days after the person's admission to the treatment
((center)) facility as criminally insane. Each individualized
treatment plan shall include, but not be limited to:
(a) A statement of the nature of the specific problems and specific needs of the patient;
(b) A statement of the physical setting necessary to achieve the purposes of commitment;
(c) A description of intermediate and long-range treatment goals, with a projected timetable for their attainment;
(d) A statement and rationale for the plan of treatment for achieving these intermediate and long-range goals;
(e) A specification of staff responsibility and a description of proposed staff involvement with a patient in order to attain these treatment goals;
(f) Criteria for recommendation to the court for release.
(3) This individualized treatment plan shall be reviewed by
the treatment ((center)) facility periodically, at least every
six months, and a copy of the plan shall be sent to the
committing court.
[Statutory Authority: RCW 72.01.090. 79-03-038 (Order 1373), § 275-59-060, filed 3/1/79; Order 846, § 275-59-060, filed 8/9/73.]
Upon written request, criminal justice agencies shall have access to the following documents developed pursuant to the procedures set forth in chapter 10.77 RCW. the most recent forensic:
(1) Psychiatric assessment;
(2) Release summary; and
(3) Pre-trial report of the examination, either inpatient or outpatient.
Other relevant information may be provided by agreement between the requesting criminal justice agency and the treatment facility, subject to federal and state confidentiality provisions.
[]
The following sections of the Washington Administrative
Code, as amended, are recodified as follows:
| Old WAC Number | New WAC Number |
| 275-59-020 | 388-875-0020 |
| 275-59-030 | 388-875-0030 |
| 275-59-060 | 388-875-0060 |
The following sections of the Washington Administrative Code
are recodified as follows:
| Old WAC Number | New WAC Number |
| 275-59-010 | 388-875-0010 |
| 275-59-041 | 388-875-0040 |
| 275-59-050 | 388-875-0050 |
| 275-59-071 | 388-875-0070 |
| 275-59-072 | 388-875-0080 |
| 275-59-080 | 388-875-0090 |
| 275-59-090 | 388-875-0100 |