WSR 18-09-104
EXPEDITED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed April 18, 2018, 9:06 a.m.]
Title of Rule and Other Identifying Information: The department is proposing to repeal chapter 388-865 WAC, Community mental health and involuntary treatment programs, and chapter 388-877 WAC, Behavioral health services administrative requirements.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The legislature passed 2ESHB 1388, transferring portions of the responsibility for behavioral health to the department of health (DOH) and portions to the health care authority (HCA) effective July 1, 2018. The rules in these chapters will be rewritten under DOH and HCA, therefore no longer needed by the department of social and health services (DSHS).
Reasons Supporting Proposal: The authority and responsibility for the subjects covered in these chapters are transferring to DOH and HCA.
Statutory Authority for Adoption: RCW 71.05.560, 71.24.035, and 71.34.380.
Statute Being Implemented: Chapter 201, Laws of 2018.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Katherine Vasquez, P.O. Box 45850, Olympia, WA, 98504-5850, 360-664-6097; Implementation and Enforcement: Dennis Malmer, P.O. Box 45330, Olympia, WA 98501-5330, 360-725-3747.
This notice meets the following criteria to use the expedited repeal process for these rules:
The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.
The rule is no longer necessary because of changed circumstances.
Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The legislature passed 2ESHB 1388 transferring portions of the responsibility and authority to DOH and portions to HCA.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO DSHS Rules Coordinator, DSHS, P.O. Box 45850, Olympia, WA 98504-5850, phone 360-664-6097, fax 360-664-6185, email DSHSRPAURulesCoordinator@dshs.wa.gov, AND RECEIVED BY June 19, 2018.
April 18, 2018
Katherine I. Vasquez
Rules Coordinator
REPEALER
The following chapters of the Washington Administrative Code are repealed effective July 1, 2018:
Chapter 388-865 WAC
Community mental health and involuntary treatment programs.
Chapter 388-877 WAC
Behavioral health services administrative requirements.