PERMANENT RULES
LABOR AND INDUSTRIES
Date of Adoption: December 1, 2000.
Purpose: These rules establish criteria for providers who want to do independent mental health examinations for the crime victims compensation program. The program recognizes providers other than psychiatrists to treat mental health conditions of victims. These rules will allow independent evaluations by providers with victim experience and training.
Citation of Existing Rules Affected by this Order: Amending WAC 296-31-069 For what reasons may independent mental health or independent medical assessments be obtained?; and new sections WAC 296-31-06901 What is required in an independent mental health evaluation report?, 296-31-06903 Who may perform independent mental health evaluations for the crime victims compensation program?, 296-31-06905 How does a provider become an approved examiner to perform independent mental health evaluation for the crime victims compensation program?, 296-31-06907 What factors does the crime victims compensation program consider in approving or removing examiners from the approved examiners list?, and 296-31-06909 Is there a fee schedule for independent mental health evaluations?
Statutory Authority for Adoption: RCW 7.68.030, 51.04.030, 51.32.112, 51.32.114.
Adopted under notice filed as WSR 00-19-092 on October 4, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 1, Repealed 0. Effective Date of Rule: January 1, 2001.
December 1, 2000
Gary Moore
Director
OTS-4309.1
AMENDATORY SECTION(Amending WSR 98-24-095, filed 12/1/98,
effective 1/1/99)
WAC 296-31-069
For what reasons may the department require
independent mental health or independent medical ((assessments))
evaluations be obtained?
((What is required in independent
assessment reports?
(1))) Independent medical and mental health ((assessments))
evaluations may be ((obtained when requested)) required by the
((provider, or on the department's initiative,)) department for
the following reasons:
(((a))) (1) To rate permanent impairment when treatment has
been concluded; or
(((b))) (2) To evaluate an application to reopen a claim; or
(((c))) (3) To determine if there are conditions related to
the effects of the crime or preexisting conditions aggravated by
the crime for which the claim was filed ((and if treatment
remains necessary for those conditions)); or
(((d))) (4) To determine if crime-related treatment is still
necessary and if present treatment is effective; or
(((e))) (5) To determine if treatment is still leading to
recovery; or
(((f))) (6) To obtain other information that may be
necessary for the department to make decisions on the victim's
claim.
(((2) Practitioners participating in an independent mental
health assessment ordered by the department must provide us with
a report within thirty days following the last assessment date.
The report must:
(a) Be identified as an independent assessment report;
(b) Be specific and factual;
(c) Specify the mental health condition(s) and symptoms found and their relationship to the crime for which the claim was filed. Use the codes contained in the currently accepted DSM;
(d) Provide specific conclusions drawn from the assessment and state opinions that respond to the questions included in the examination request;
(e) If applicable, include the category of permanent impairment that the assessor finds most nearly describes his or her findings.
(3) Independent medical assessment reports are governed by WAC 296-23-260.))
[Statutory Authority: RCW 7.68.030, 7.68.070, 51.32.110, 51.04.020(1) and 51.04.030. 98-24-095, § 296-31-069, filed 12/1/98, effective 1/1/99. Statutory Authority: RCW 7.68.030, 51.04.020(1) and 51.04.030. 95-15-004, § 296-31-069, filed 7/5/95, effective 8/5/95. Statutory Authority: RCW 43.22.050. 92-23-033, § 296-31-069, filed 11/13/92, effective 12/14/92.]
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| Counselors | &sqbul; &sqbul; |
Masters or doctorate degree in
a field of study related to
mental health; and Certified by the Washington department of health as a social worker, mental health counselor or marriage and family therapist. |
| Advanced registered nurse practitioners | &sqbul; &sqbul; |
Licensed with the Washington
department of health; and Have a specialty in psychiatric and mental health nursing. |
| Psychologists | &sqbul; &sqbul; |
Licensed with the Washington
department of health; or Licensed within Oregon or Idaho by that state's health care licensing authority. |
| Psychiatrists | &sqbul; &sqbul; &sqbul; |
Board certified; and Licensed with the Washington department of health; or Licensed within Oregon or Idaho by that state's health care licensing authority. |
| All examiners must have | &sqbul; &sqbul; &sqbul; &sqbul; |
An active practice; or Be a clinical supervisor in an active practice; Five years post licensure clinical experience treating crime victims; or Three years clinical experience treating crime victims and two years supervising clinical work.
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(a) Minimum qualifications established in WAC 296-31-06903;
(b) Disciplinary proceeding or actions;
(c) Experience in direct patient care and the area of specialty;
(d) Geographic need of the program.
(2) The program may consider the following in removing examiners. The list is not inclusive.
(a) Complaints about the conduct of the examiner;
(b) Disciplinary proceeding or actions;
(c) Ability to effectively convey and substantiate opinions and conclusions concerning victims;
(d) Quality and timeliness of reports;
(e) Availability and willingness to testify at the board of industrial insurance appeals if required;
(f) Acceptance of the program's fee schedule rates.
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