WSR 11-20-101

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 5, 2011, 9:38 a.m. ]

Subject of Possible Rule Making: The department is developing new sections in chapter 388-865 WAC for the purposes of implementing new rules for triage facilities. The department may adopt other new rules or amend other rules as necessary.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.05.020, 71.05.150, 71.05.153, and 71.24.035.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 1170 directs the department to add "triage facilities" to the types of facilities to which a law enforcement officer may take an individual who is suffering from a mental disorder and who either presents an imminent likelihood of serious harm, is in imminent danger because of being gravely disabled, or has committed a nonfelony offense that is not a serious offense. The rules will establish state minimum standards for certification of triage facilities.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department is developing the rules and coordinating this rule making with the Washington Association of Sheriffs and Police Chiefs and the department of health.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kathy Sayre, DBHR Rules Manager, P.O. Box 45320, Olympia, WA 98504-5320, phone (360) 725-1342, fax (360) 725-9960, e-mail kathy.sayre@dshs.wa.gov.

October 5, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office