WSR 06-14-085



(Health and Recovery Services Administration)

[ Filed July 3, 2006, 10:38 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 388-865-0201 and 388-865-0203, community mental health and involuntary treatment programs.

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 August 8, 2006, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 9, 2006.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m. on August 8, 2006.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by August 4, 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: The mental health division would like to repeal WAC 388-865-0201 and 388-865-0203 as they are no longer accurate or appropriate because of the changes made to chapter 71.24 RCW by 2SSB 6793 (sections 107 and 201, chapter 333, Laws of 2006).

Reasons Supporting Proposal: Repeal of these rules is necessary to be consistent with the statutes.

Statutory Authority for Adoption: RCW 71.24.035.

Statute Being Implemented: Chapter 71.24 RCW as amended by 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 (MHD) has analyzed the proposed repeal of the rules and concludes that the repeal does 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

June 27, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit


     The following section of the Washington Administrative Code is repealed:
WAC 388-865-0201 Allocation of funds to RSN/PHPs.
WAC 388-865-0203 Allocation formula for state hospital beds.

Washington State Code Reviser's Office