Subject of Possible Rule Making: The health care authority (HCA) is adopting rules to implement the grant of rule-making authority in RCW 71.05.620(2) to clarify that the Washington state office of public defense (OPD) is recognized by the courts as the organization responsible for providing attorney services for the person under subsection (1)(f) of that statute.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HCA is creating a new behavioral health rule to implement the requirements of RCW 71.05.110(2) and 71.05.620(2) regarding appointed counsel and access to closed Involuntary Treatment Act court files and records. Newly enacted legislation (ESSB [E2SSB] 5745, 2025) amended RCW 71.05.110 to provide that, under certain circumstances, HCA may contract with OPD to provide legal counsel for persons involuntarily detained at state-operated behavioral health facilities. OPD also provides appellate counsel in these cases. OPD needs express legal authority granted by HCA rule to timely access court files and records, enter an appearance before the court, and provide legal representation to the detained person.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: HCA is partnering with OPD in development of these rules.

Process for Developing New Rule: HCA welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, HCA will send a notice of proposed rule making (CR-102) to everyone receiving this notice and 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 Jason Crabbe, Rule-making Questions, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-9563, fax 360-586-9727, telecommunication relay services (TRS) 711, email jason.crabbe@hca.wa.gov, website www.hca.wa.gov/about-hca/rulemaking; or Annette Schuffenhauer, Program Questions, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1254, fax 360-586-9727, TRS 711, email annette.schuffenhauer@hca.wa.gov, website www.hca.wa.gov/about-hca/rulemaking.