WSR 06-12-085



(Health and Recovery Services Administration)

[ Filed June 6, 2006, 4:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-07-145.

Title of Rule and Other Identifying Information: Sections of chapter 388-865 WAC, Community mental health and involuntary treatment programs, amending WAC 388-865-0105, 388-865-0150, 388-865-0205, 388-865-0245, 388-865-0275, 388-865-0430, 388-865-0440, 388-865-0452, 388-865-0466, 388-865-0468, and 388-865-0575.

In addition to these revisions, the mental health division anticipates additional rule making on the subject matter initiated by WSR 06-07-145, including but limited to, changes to WAC 388-865-0201 and 388-865-0203.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6097), on July 25, 2006, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 26, 2006.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by July 25, 2006, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by July 21, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Multiple sections of chapter 388-865 WAC are no longer accurate because of the changes made to chapters 71.24 and 71.05 RCW by ESSB [ESHB] 1290, ESSB 5763 and 2SSB 6793 (chapters 503 and 504, Laws of 2005, and chapter 333, Laws of 2006 respectively). Amended rules are needed to be consistent with the statutes.

The statutes changed the definition from "county designated mental health professional" to "designated mental health professional" - removing the reference to county. This is consistent with the other statutory changes that created the structure for allowing private entities to act as regional support networks (RSN). The rule changes remove the term "county" from designated mental health professional. The changes also implement the goal of allowing a private entity to become certified as an RSN.

Reasons Supporting Proposal: Amended rules are needed to be consistent with the statutes.

Statutory Authority for Adoption: RCW 71.24.035 and 71.05.560.

Statute Being Implemented: Chapters 71.24 and 71.05 RCW as amended by chapters 503 and 504, Laws of 2005, and chapter 333, Laws of 2006.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Paul DesJardien, P.O. Box 45320, Olympia, WA 98504-5230, (360) 902-0873.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The mental health division has analyzed the proposed rules and concludes that the rule changes proposed do not impose any additional compliance costs or administrative burdens on small businesses. Therefore, preparation of a small business economic impact statement is not required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Paul DesJardien, P.O. Box 45320, Olympia, WA 98504-5230, phone (360) 902-0873, fax (360) 902-0809, e-mail

Andy Fernando, 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 06-13 issue of the Register.

Washington State Code Reviser's Office