WSR 11-22-107

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 2, 2011, 10:05 a.m. ]

Subject of Possible Rule Making: The division of developmental disabilities is proposing to amend all WACs governed by DDD to change any language that refers to "mentally retarded" or "mental retardation" to "intellectually disabled" or "intellectual disability." Furthermore any language that includes the wording "ICF/MR" should be changed to "ICF/ID."

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.10.020, 44.04.280.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2010, President Barack Obama signed into law "Rosa's Law," which directed federal law references to "mental retardation" to be changed to "intellectual disability," and references to a "mentally retarded individual" to be changed to an "individual with an intellectual disability."

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state legislature updated RCW 71A.10.020 which eliminates the term "mental retardation" and has replaced it with the term "intellectual disability." Changes to these WACs will keep our rules in line with changes to this RCW.

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 Meredith Kelly, Program Manager, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, TTY 1-800-833-6388, e-mail kellymj@dshs.wa.gov.

October 31, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office