WSR 20-14-118
(Behavioral Health Administration)
[Filed July 1, 2020, 8:55 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-03-155.
Title of Rule and Other Identifying Information: The department is proposing to create new sections in chapter 388-875 WAC, including WAC 388-875-0200 Forensic navigatorsAccess to jails, 388-875-0210 Forensic navigatorsAccess to records, 388-875-0220 Forensic navigator caseload, and 388-875-0230 Discharge of forensic navigator.
Hearing Location(s): On August 4, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504, public parking at 11th and Jefferson. A map is available at; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than August 5, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., August 4, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by July 21, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these rules is to clarify the duties and authority of the forensic navigator program under RCW 10.77.074. This RCW was the result of the settlement agreement and implementation plan for the Trueblood lawsuit. These rules describe the timeframes that jails must follow in providing access to forensic navigator clients, and the timeframes that entities holding relevant client records must follow in providing records to forensic navigators, to help ensure timely provision of forensic navigator services. These rules also describe the caseload prioritization for forensic navigators, and the circumstances in which forensic navigator services will terminate.
Reasons Supporting Proposal: The goal of this proposal is to ensure timely access to both clients and needed documentation supporting the work of the forensic navigator program, and to clarify the prioritization and termination of forensic navigator services. The expected outcome is improved and reliable timeliness for access to clients and records by the forensic navigator program, and clarification of the duties of the forensic navigator.
Statutory Authority for Adoption: Chapter 10.77 RCW; RCW 72.01.090.
Statute Being Implemented: RCW 10.77.074; and section 2, chapter 326, Laws of 2019.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Teva Weissman, 1115 Washington Street, Olympia, WA 98501, 360-902-7637; Implementation and Enforcement: Jason Karpen, 4450 10th Street S.E., Lacey, WA 98503, 360-529-6116.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. These rules are interpretive rules which do not subject a person to a sanction or penalty.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 34.05.328 (5)(c)(ii).
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The cost of copying records is minimal due to expected electronic format of the typical request and the limited volume of forensic navigator clients affecting requests from varied entities within the state.
June 25, 2020
Katherine I. Vasquez
Rules Coordinator
WAC 388-875-0200Forensic navigatorsAccess to jails.
Jails that are holding forensic navigator clients must allow forensic navigators access to their clients held within that jail within twenty-four hours of a request by a forensic navigator.
WAC 388-875-0210Forensic navigatorsAccess to records.
A behavioral health, educational, or law enforcement agency, or a correctional facility must provide records to the forensic navigator that relate to an individual who is receiving forensic navigator services within seventy-two hours of a records request.
WAC 388-875-0220Forensic navigator caseload.
The department has discretion over the manner in which caseloads are prioritized. This prioritization may include, but is not limited to, prioritization of clients who are:
(1) In jail awaiting competency services for whom DSHS has received an order to provide competency services, over those who are not; and
(2) Frequent users of forensic mental health services over clients who are not frequent users of the forensic mental health system.
WAC 388-875-0230Discharge of forensic navigator.
Forensic navigator services must conclude upon the occurrence of any of the following events:
(1) A forensic navigator client is determined competent to stand trial;
(2) A forensic navigator client is determined not competent to stand trial, but is not ordered into the outpatient competency restoration program (OCRP);
(3) A forensic navigator client has their criminal charges dismissed pending a civil commitment hearing;
(4) A forensic navigator client enters or returns to jail due to a revocation of OCRP or the filing of new charges;
(5) A forensic navigator client receives a new or amended order directing inpatient admission for restoration;
(6) A forensic navigator client refuses further forensic navigator services after the court ordered restoration period ends; or
(7) In other situations, as deemed appropriate by the department, in its sole discretion.