WSR 03-18-103



(Health and Rehabilitative Services Administration)

[ Filed September 2, 2003, 5:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-07-041.

Title of Rule: WAC 388-865-0500 series "inpatient evaluation and treatment facilities."

Purpose: The Mental Health Division is revising these rules to be consistent with rules being developed for residential treatment facilities by the Department of Health. Current rules, WAC 388-865-0501 through 388-856-0565 will be repealed. The subject matter of these rules is being revised and reorganized for clarity, and will be adopted as new rules in the WAC 388-865-0500 series.

Statutory Authority for Adoption: RCW 71.05.560 and 71.34.800.

Statute Being Implemented: Chapters 71.05 and 71.34 RCW.

Summary: These rules are being revised for clarity and to be consistent with the rules being developed for residential treatment facilities by the Department of Health. In addition, program standards specific to long-term inpatient treatment for children that had previously been in Department of Health chapter 246-323 WAC have been moved to the Mental Health Division.

Reasons Supporting Proposal: Treatment standards are more appropriate for regulation by the mental health program.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kathy Burns Peterson, P.O. Box 45320, Olympia, WA 98504, (360) 902-0843.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These changes are intended to result in improved delivery of services to DSHS clients. See Purpose, Summary and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Purpose, Summary and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes are improvements for clarity and do not have an economic impact to small businesses or small nonprofits compared to current rules for these facilities.

RCW 34.05.328 does not apply to this rule adoption. The department finds that this rule does not meet the definition of a significant legislative rule in RCW 34.05.328 (5)(c)(iii), and the provisions of this statute do not apply.

Hearing Location: Blake Office Building East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503, on October 21, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 17, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail, by 5:00 p.m., October 21, 2003.

Date of Intended Adoption: Not sooner than October 22, 2003.

August 26, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-19 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office