PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
Date of Adoption: September 20, 1999.
Purpose: Chapter 440-25 WAC, addressing county government administration of local chemical dependency treatment and prevention services, has been reviewed in its entirety, updated, and replaced with new chapter 388-810 WAC in keeping with Governor Locke's "Regulatory Improvement Order," Executive Order 97-02 and Secretary Quasim's April 17, 1997 Executive Order on regulatory improvement.
Citation of Existing Rules Affected by this Order: Repealing WAC 440-25-005, 440-25-010, 440-25-020, 440-25-030, 440-25-040, 440-25-050, 440-25-060, 440-25-070, 440-25-080, 440-25-090, 440-25-100, 440-25-110, and 440-25-120.
Statutory Authority for Adoption: RCW 70.96A.040, 70.96A.090, and 70.96A.180.
Adopted under notice filed as WSR 99-16-098 on August 4, 1999.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 10, Amended 0, Repealed 13.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 10, Amended 0, Repealed 13.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 10, Amended 0, Repealed 13. Effective Date of Rule: Thirty-one days after filing.
September 20, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2614.3ADMINISTRATION OF COUNTY CHEMICAL DEPENDENCY PREVENTION, TREATMENT, AND SUPPORT PROGRAM
The purpose of this chapter is to describe the planning, contracting, and provision of chemical dependency prevention, treatment, and support services through counties (see chapter 70.96A RCW).
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"County" means each county or two or more counties acting jointly.
"County chemical dependency program coordinator" means a person appointed by the county legislative authority as the chief executive officer responsible for carrying out the duties under chapter 70.96A RCW.
"County chemical dependency prevention, treatment, and support program” means services and activities funded by the department through a negotiated contract between a county and the department.
"Department" means the department of social and health services (DSHS).
"Designated chemical dependency specialist" means a person designated by the county chemical dependency program coordinator to perform the involuntary commitment duties under chapter 70.96A RCW.
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A county chemical dependency program coordinator must have training and experience in:
(1) Chemical dependency prevention, intervention, and treatment strategies used in combating chemical dependency; and
(2) Administration of social and/or human services programs, sufficient to perform the following duties:
(a) Providing general supervision over the county chemical dependency prevention, treatment, and support program;
(b) Preparing plans and applications for funds to support the county chemical dependency prevention, treatment, and support program;
(c) Monitoring the delivery of services to assure conformance with plans and contracts;
(d) Providing staff support to the county alcoholism and other drug addiction board;
(e) Selecting the county designated chemical dependency specialist(s) to perform the intervention, involuntary detention and commitment duties as described under RCW 70.96A.120 and 70.96A.140; and
(f) Advising DSHS, county courts, law enforcement agencies, hospitals, chemical dependency programs, and other local health care and service agencies in the county as to who has been designated as the chemical dependency specialist(s).
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A county-designated chemical dependency specialist must:
(1) Be certified as a chemical dependency professional (CDP) by the department of health under chapter 18-205 RCW, or meet or exceed the requirements to be eligible to be certified as a CDP as described in chapter 246-811 WAC;
(2) Demonstrate knowledge of the laws regarding the involuntary commitment of chemically dependent adolescents and adults; and
(3) Demonstrate knowledge and skills in differential assessment of mentally ill and chemically dependant clients.
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(1) DSHS determines the service priorities for services funded by the department.
(2) DSHS must inform the county of the service priorities during the contract negotiation process.
(3) Counties must follow DSHS's service priorities when delivering chemical dependency program services supported by department funds.
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(1) For the purposes of this section, "county" means the legal subdivision of the state, regardless of any agreement between two counties.
(2) The department shall allocate the funds available to the counties through funding formulas jointly developed with representatives of the counties, to carry out the intent of the federal and state legislated appropriations including any budget provisos.
(3) For information on current funding formulas, contact: Chief Financial Officer, Division of Alcohol and Substance Abuse, P.O. Box 45330, Olympia, Washington 98504-5330, Telephone: (360) 438-8088.
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A county may not use more than ten percent of the chemical dependency prevention, treatment, and support program funds managed by the county for administering the program.
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(1) DSHS and each county negotiates and executes a county contract before the department reimburses the county for chemical dependency prevention, treatment, and support program services.
(2) DSHS may authorize the county to continue providing services according to a previous county contract and reimburse at the average level of the previous contract, in order to continue services until the department executes a new contract.
(3) DSHS may make advance payments to a county, if the payments facilitate sound program management.
(4) DSHS may require fiscal and program reports.
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A county may subcontract for services specified in the contract.
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(1) A county may request an exemption to these rules by sending a written request to the department.
(2) DSHS may grant an exemption if the department's assessment of the exemption request:
(a) Ensures the exemption does not undermine the legislative intent of chapter 70.96A RCW; and
(b) Shows that granting the exemption does not adversely affect the quality of the services, supervision, health, and safety of department customers.
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2616.1 The following sections of the Washington Administrative Code are repealed:
| WAC 440-25-005 | Purpose. |
| WAC 440-25-010 | Definitions. |
| WAC 440-25-020 | County alcohol and other drug addiction program coordinator--Qualification standards. |
| WAC 440-25-030 | County alcohol and other drug addiction program coordinator--Duties. |
| WAC 440-25-040 | County-designated chemical dependency specialist--Duties. |
| WAC 440-25-050 | Plan development and submission. |
| WAC 440-25-060 | Service priority. |
| WAC 440-25-070 | Funding formula. |
| WAC 440-25-080 | Contracting. |
| WAC 440-25-090 | Subcontracting. |
| WAC 440-25-100 | Payments. |
| WAC 440-25-110 | Appeal procedure. |
| WAC 440-25-120 | Exemptions. |