WSR 03-20-020



(Health and Rehabilitative Services Administration)

[ Filed September 23, 2003, 11:51 a.m. , effective October 25, 2003 ]

Date of Adoption: September 18, 2003.

Purpose: The Division of Alcohol and Substance Abuse is adopting new, amending and repealing sections of chapter 388-805 WAC, Certification requirements for chemical dependency service providers, establishing the level of quality and patient care standards for chemical dependency service providers seeking certification by DSHS/DASA. The Division of Alcohol and Substance Abuse (DASA) is adopting revisions to chapter 388-805 WAC. The key revisions will implement:

(1) 42 Code of Federal Regulations, Part 8, Certification of Opioid Treatment Programs, effective May 18, 2001, which include major changes to the federal requirements adopted by the Center for Substance Abuse Treatment (CSAT), Substance Abuse and Mental Health Services Administration.

(2) RCW 70.96A.400-[70.96A.]420, effective July 22, 2001 (chapter 242, Laws of 2001), amended by the 2001 Washington state legislature.

In response, emergency WAC adoptions were submitted to the Code Reviser's Office on March 8, 2002, July 5, 2002, November 1, 2002, February 28, 2003, and June 27, 2003, effective for one hundred twenty days each. The emergency rules amended Washington state administrative codes to recognize CSAT certification standards and implement the changes made to RCW 70.96A.400, [70.96A.]410, and [70.96A.]420.

DASA stakeholders recommended using the American Society of Addiction Medicine (ASAM), patient placement criteria (PPC), for patient placement, continued service, and discharge criteria. The proposed WAC revision reduces regulatory use of PPC for treatment planning activities.

DASA stakeholders also recommended:

(1) A new WAC section is proposed to require agencies to report critical incidents to DASA within 48 hours of the critical incident.

(2) Language to clarify the requirements for outcomes evaluation, outpatient treatment requirements for patients convicted of DUI or physical control pursuant to chapter 46.61 RCW, and definitions of court ordered treatment in WAC 388-805-330.

(3) Language to revise the WAC section on fees collected by DASA for change of agency ownership applications.

(4) Language to revise ADATSA assessment center certification and ADATSA requirements.

(5) Language to acknowledge faith-based programs.

(6) Language to recognize chemical dependency professionals as alcohol/drug school instructors.

(7) Language to correct inaccurate WAC section citations and typographical errors.

In addition, other sections of this chapter were subject to review and amendment deemed appropriate as required by Governor Locke's Executive Order 97-02 on regulatory improvement.

When effective, these permanent rules will replace emergency rules filed as WSR 03-14-076.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-805-900, 388-805-905, 388-805-910, 388-805-915, 388-805-920, 388-805-925, 388-805-930 and 388-805-935; and amending WAC 388-805-005, 388-805-010, 388-805-015, 388-805-030, 388-805-065, 388-805-075, 388-805-085, 388-805-090, 388-805-100, 388-805-120, 388-805-130, 388-805-140, 388-805-145, 388-805-150, 388-805-205, 388-805-210, 388-805-220, 388-805-250, 388-805-300, 388-805-305, 388-805-310, 388-805-315, 388-805-320, 388-805-325, 388-805-350, 388-805-400, 388-805-410, 388-805-500, 388-805-520, 388-805-530, 388-805-540, 388-805-550, 388-805-600, 388-805-610, 388-805-625, 388-805-700, 388-805-710, 388-805-715, 388-805-720, 388-805-730, 388-805-740, 388-805-750, 388-805-800, 388-805-810, 388-805-820 and 388-805-850; and new sections WAC 388-805-035 and 388-805-040.

Statutory Authority for Adoption: RCW 70.96A.090.

Other Authority: Chapter 70.96A RCW; chapter 242, Laws of 2001; 42 C.F.R. Part 8.

Adopted under notice filed as WSR 03-12-066 on June 2, 2003.

Changes Other than Editing from Proposed to Adopted Version: DASA considered public comments received during the public comment period ending August 5, 2003, about proposed revisions to chapter 388-805 WAC filed on June 2, 2003, as WSR 03-12-066. As a result, the final rule contains the following revisions to proposed rules filed June 2, 2003 (deletions struck through, new text underlined).

(1) Add two new definitions to WAC 388-805-005:

"Community relations plan" means a plan to minimize the impact of an opiate substitution treatment program as required by the Center for Substance Abuse Guidelines for the Accreditation of Opioid Treatment Programs, Section XVIII.

"Established ratio" means using 0.7 percent (.007) of a designated county's adult population to determine an estimate for the number of potential clients with an opiate diagnosis in need of treatment services.

(2) Revise WAC 388-805-030 (1)(b):

(b) Includes a plan to minimize the impact of the opiate substitution treatment programs upon the business and residential neighborhoods in which the program is located. The plan must include strategies used to:

(i) Obtain and document community stakeholder input regarding the proposed location;

(ii) Strategies used to Address any concerns identified by the community stakeholders; and,

(iii) Develop Aan ongoing community relations plan to address new concerns expressed by community members stakeholders as they arise.

(3) Revise WAC 388-805-035(1):

(1) Consult with the county legislative authority in the area in which an applicant proposes to locate a program and the city legislative authority in any city in which an applicant proposes to locate a program. The department will request the county and city legislative authority to notify the department of any applicable requirements or other issues that the department should consider in order to fulfill the requirements of WAC 388-805-030 (6) and (7), or 388-805-040 (1) through (5).

(4) Revise WAC 388-805-035(6):

(6) Hold at least one public hearing in the county in which the facility is proposed to be located and one public hearing in the area in which the facility is proposed to be located. After consultation with the county legislative authority, the department may have the public hearing in the adjacent county with the largest population, the adjacent county with the largest underserved population, or the county nearest to the proposed site location. The hearing must be held at a time and location most likely to permit the largest number of interested persons to attend and present testimony. The department must notify appropriate media outlets of the time, date, and location of the hearing at least three weeks in advance of the hearing.

(5) Revise WAC 388-805-040(3):

(3) Demographic and trend data from the area in which the program would be located including the most recent department county trend date, TARGET admission date for opiate substitution treatment from the area county, hospital and emergency department admission data from the area county, needle exchange data from the area county, and other relevant reports and data from city and county health organizations demonstrating the need for opiate substitution treatment program services.

(6) Revise WAC 388-805-090:

(2) Providers may submit a letter requesting a waiver of fees to the Supervisor, Certification Section, Division of Alcohol and Substance Abuse, P.O. Box 453310, Olympia, Washington, 98504-53310.

(7) Revise WAC 388-805-410(3):

Delete this citation: 410(3)(f) Documentation of the patient's tuberculosis test and results;

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 14, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 8.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 27, 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 4, Amended 44, Repealed 8.
Effective Date of Rule: October 25, 2003.

September 18, 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 03-21 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office