WSR 02-10-112



(Health and Rehabilitative Services Administration)

[ Filed April 30, 2002, 4:33 p.m. ]

Subject of Possible Rule Making: Chapter 388-805 WAC, Certification requirements for chemical dependency service providers.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.96A.040 and [70.96A].090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Implementation of 42 C.F.R., Part 8, which created federal opioid treatment program (OTP) certification regulations effective May 18, 2001, and implementation of amendments of chapter 70.96A RCW, sections 400, 410, and 420, which changed state opiate substitution treatment program certification regulations effective July 22, 2001, require the Division of Alcohol and Substance Abuse (DASA) to make permanent amendments to all sections of chapter 388-805 WAC that regulate OTPs. DASA filed emergency rules with the Washington state code reviser regulating OTPs, which became effective March 11, 2002, for one hundred twenty days. DASA amended WAC 388-805-005, 388-805-030, 388-805-065, 388-805-145, 388-805-205, 388-805-300, 388-805-710, 388-805-720, 388-805-730, 388-805-740, and 388-805-750, and implementing new WAC 388-805-035 and 388-805-040. New language is proposed to define requirements for conducting court ordered chemical dependency assessments. A new requirement is proposed to require agencies to report critical incidents to DASA within 48 hours of the critical incident. Language is proposed to clarify the requirements for outcomes evaluation, outpatient treatment requirements for patients convicted of DUI or physical control pursuant to chapter 46.61 RCW and definitions of court ordered treatment in WAC 388-805-330. Language is proposed to revise fees collected by DASA for change of agency ownership applications. Language is proposed to revise ADATSA assessment center certification and requirements. Language is proposed to correct inaccurate WAC section citations and typographical errors. In addition, other sections of this chapter may be subject to review and amendment deemed appropriate as required by Governor Locke's Executive Order 97-02 on regulatory improvement.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Center for Substance Abuse Treatment, Substance Abuse and Mental Health Services Administration also regulates OTPs within Washington state. DASA coordinates rule making with the Washington State Department of Health (DOH), Chemical Dependency Professional Program, DOH Facilities and Services Licensing Division, Department of Licensing, and the Office of the Administrator for the Courts.

Process for Developing New Rule: The department welcomes the public to take part in developing these certification rules. Anyone interested in participating in reviewing and revising proposed WAC should contact the DASA staff member indicated below. At a later date, DASA will file proposed rules with the Washington State Code Reviser's Office, accept written comments and conduct a public hearing on the proposed rules. DASA will distribute the proposed rules to individuals on its mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dennis W. Malmer, Certification Policy Manager, Division of Alcohol and Substance Abuse, P.O. Box 45331, Mailstop 45331, Olympia, WA 98504-5331, phone (360) 438-8086, fax (360) 407-5318, toll free phone (877) 301-4557, e-mail

April 30, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office