WSR 08-24-083



(Health and Recovery Services Administration)

(Division of Alcohol and Substance Abuse)

[ Filed December 1, 2008, 4:02 p.m. , effective January 1, 2009 ]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The division of alcohol and substance abuse (DASA) is amending, repealing and developing a new section 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.

DASA [is] amending chapter 388-805 WAC. The proposed new rule amendment revisions will include:

1. Adding and expanding definitions in WAC 388-805-005 for "critical incidents" and "screening and brief intervention."

2. Changing the definition in WAC 388-805-005 to "community relations plan and opiate substitution treatment program" to reflect the federal rule and the guidelines for accreditation reference changes.

3. Adding language for a new service in WAC 388-805-010 for "screening and brief intervention."

4. Correcting a typo in WAC 388-805-030 from SAMSHA to SAMHSA.

5. Further defining the legislative authority in WAC 388-805-030 to include "county, city, or tribal," so it is congruent with the rest of the chapter.

6. Expanding the requirements to maintain agency certification in WAC 388-805-100 to include "transfer summary," references for "transfer summary," and reformatting of the section.

7. Correcting the references for a "sample floor plan" in WAC 388-805-110.

8. Reformatting WAC 388-805-145, "key responsibilities required of an agency administrator."

9. Adding language in WAC 388-805-150 requiring an opiate substitution treatment program to report the death of a patient to the department.

10. Reformatting in WAC 388-805-205, "agency personnel file requirements."

11. Adding new language in WAC 388-805-300, "agency clinical manual," that requires that clinical supervisors have documentation of their competency, to document record reviews, allows record reviews to be done semi-annually instead of quarterly, and to ensure continued competency of each chemical dependency professional (CDP).

12. Adding language in WAC 388-805-310, "requirements for chemical dependency assessments," to include evaluation of parental and sibling alcohol and other drug use in youth assessments, moves WAC 388-805-815 requirements to WAC 388-805-310, and adds new language for persons charged with a violation under RCW 46.61.502 or 46.61.504. These requirements for persons with an initial finding other than substance dependence would include:

a. A criminal case history and police report or documentation of efforts to include this information.

b. Results of a urinalysis or drug test at the time of the assessment or documentation of efforts to include this information.

13. Removing the word "transfer" from WAC 388-805-315.

14. Adding language to WAC 388-805-620, requirements for outpatient services, to clarify requirements. An assessment is to be conducted prior to admission and the development [of] an individualized treatment plan prior to the patient's participation in treatment.

15. Removing the word "intensive" from WAC 388-805-625.

16. Adding language to WAC 388-805-710 to reflect the federal requirements in 42 C.F.R. Part 8.12 regarding periodic assessment.

17. Eliminating language from WAC 388-805-715 to reflect the federal notice regarding the use of levomethadyl acetate (LAAM).

18. Adding language to WAC 388-805-810 requirements for DUI assessment providers from WAC 388-805-815 to indicate that programs must limit persons who have been arrested under chapter 46.61 RCW.

19. Eliminating WAC 388-805-815 and moving content to WAC 388-805-310 and 388-805-810.

20. Adding new WAC 388-805-855 for the requirements for "screening and brief intervention services."

Amending WAC 388-805-005 What definitions are important throughout this chapter?, 388-805-010 What chemical dependency services are certified by the department?, 388-805-030 What are the requirements for opiate substitution treatment program certification?, 388-805-100 What do I need to do to maintain agency certification?, 388-805-110 What do I do to relocate or remodel a facility?, 388-805-130 How does the department suspend or revoke certification?, 388-805-145 What are the key responsibilities required of an agency administrator?, 388-805-150 What must be included in an agency administrative manual?, 388-805-205 What are agency personnel file requirements?, 388-805-300 What must be included in the agency clinical manual?, 388-805-310 What are the requirements for chemical dependency assessments?, 388-805-315 What are the requirements for treatment, continuing care, transfer, and discharge plans?, 388-805-620 What are the requirements for outpatient services?, 388-805-625 What are the requirements for outpatient services for persons subject to RCW 46.61.5056?, 388-805-710 What are the requirements for opiate substitution medical management?, 388-805-715 What are the requirements for opiate substitution medication management? and 388-805-810 What are the requirements for DUI assessment providers?; repealing WAC 388-805-815 What are the requirements for DUI assessment services?; and new WAC 388-805-855 What are the requirements for screening and brief intervention services?

Citation of Existing Rules Affected by this Order: Repealing WAC 388-805-815; and amending WAC 388-805-005, 388-805-010, 388-805-030, 388-805-100, 388-805-110, 388-805-130, 388-805-145, 388-805-150, 388-805-205, 388-805-300, 388-805-310, 388-805-315, 388-805-620, 388-805-625, 388-805-710, 388-805-715, and 388-805-810.

Statutory Authority for Adoption: RCW 70.96A.040.

Other Authority: Chapter 70.96A RCW and 42 C.F.R. Part 8.

Adopted under notice filed as WSR 08-15-106 on July 18, 2008.

A final cost-benefit analysis is available by contacting Deb Cummins, Certification, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-3716, toll free 1-877-301-4557, fax (360) 586-0343, e-mail

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, 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 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 16, Repealed 1.

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 1, Amended 17, Repealed 1.

Date Adopted: December 1, 2008.

Robin Arnold-Williams


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 09-01 issue of the Register.

Washington State Code Reviser's Office