WSR 25-22-055
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Behavioral Health and Habilitation Administration)
[Filed October 30, 2025, 10:31 a.m.]
Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-875-0070 to develop rules related to the transfer or move of a patient between treatment facilities, while ensuring no move is detrimental to the patient. DSHS may add new rules or amend other related rules as may be required.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW
72.01.090.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule making will better align WAC with RCW
10.77.535 and ensure WAC reflects administrative needs with new facilities that have opened since the initial adoption of WAC 388-875-0070. Rule making will enable moves that are critically important to DSHS's overall effort to timely and constitutionally admit patients to DSHS facilities, as required by various court orders. To accomplish this, it is necessary that DSHS exercise its legal authority under RCW
10.77.535. DSHS, which provides that the care and treatment to those acquitted as not guilty by reason of insanity shall be provided at state institutions or facilities under the direction and control of the secretary.
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 Emma Palumbo, P.O. Box 45050, Olympia, WA 98504-5050, phone 360-972-6214, TTY 711 relay service, email emma.palumbo@dshs.wa.gov.
October 30, 2025
Katherine I. Vasquez
Rules Coordinator