PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)
Subject of Possible Rule Making: The mental health division is planning to amend sections of chapter 388-865 WAC affected by changes to chapters 71.24 and 71.05 RCW as amended by ESSB 1290 (chapter 503, Laws of 2005), ESSB 5763 (chapter 504, Laws of 2005) and 2SSB 6793 (Laws of 2006). The affected sections include, but are not limited to WAC 388-865-0105, 388-865-0201, 388-865-0203, 388-865-0205, 388-865-0210, 388-865-0220, 388-865-0222, 388-865-0245, 388-865-0270, 388-865-0275, 388-865-0430, 388-865-0440, 388-865-0452, 388-865-0466, 388-865-0468, and 388-865-0575. The department gives notice that in the process of amending the above-mentioned rules, it may become aware of related rules that need amendment to maintain consistency and to comply with the statutes.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.24.035, 71.05.560.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Multiple sections of chapter 388-865 WAC are no longer accurate or applicable because of the changes made to chapters 71.24 and 71.05 RCW by ESSB 1290, ESSB 5763 and 2SSB 6793. Revised rules are needed to be consistent with the statutes. Any sections that are no longer necessary or appropriate will be repealed.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: At a later date, the department will file proposed rules and a proposed rule-making notice for publication in the Washington State Register, invite public comments, and hold a public hearing. Draft material and information on how to participate may be obtained by contacting the department representative listed below.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Paul DesJardien, Program Administrator, Rules Development and Implementation, DSHS Mental Health Division, P.O. Box 45320, Olympia, WA 98504-5230, phone (360) 902-0873, fax (360) 902-0809, desjajp@dshs.wa.gov.
March 20, 2006
Andy Fernando, Manager
Rules and Policies Assistance Unit