WSR 26-12-021
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed May 26, 2026, 7:27 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 26-01-131.
Title of Rule and Other Identifying Information: New chapter 182-155 WAC, Involuntary treatment—Legal representation provided by the office of public defense (OPD).
Hearing Location(s): On July 7, 2026, at 10:00 a.m. The health care authority (HCA) holds public hearings virtually without a physical meeting place. Virtual public hearings are held via Microsoft Teams webinar. To attend, you must register in advance at https://events.gcc.teams.microsoft.com/event/dbe14397-f395-46a5-880b-4d6d0210eb57@11d0e217-264e-400a-8ba0-57dcc127d72d. After registering, you will receive a confirmation email containing information about joining the public hearing. You will be able to join the public hearing through most standard internet browsers; you do not need to install Microsoft Teams.
Date of Intended Adoption: Not sooner than July 8, 2026.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, beginning May 27, 2026, 8:00 a.m., by July 7, 2026, 11:59 p.m.
Assistance for Persons with Disabilities: Contact Jessica Nguyen, phone 360-725-1174, fax 360-586-9727, telecommunication relay service 711, email arc@hca.wa.gov, by June 19, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HCA is creating a new behavioral health rule to implement the requirements of RCW
71.05.110(2) and
71.05.620(2) regarding appointed counsel and access to closed Involuntary Treatment Act court files and records. Newly enacted legislation (ESSB [E2SSB] 5745, 2025) amended RCW
71.05.110 to provide that, under certain circumstances, HCA may contract with OPD to provide legal counsel for persons involuntarily detained at state-operated behavioral health facilities. OPD also provides appellate counsel in these cases. OPD needs express legal authority granted by HCA rule to timely access court files and records, enter an appearance before the court, and provide legal representation to the detained person.
Reasons Supporting Proposal: See purpose.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Jason Crabbe, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-9563; Implementation and Enforcement: Annette Schuffenhauer, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1254.
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. RCW
34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Explanation of exemptions: This new chapter grants express legal authority to another state entity (OPD) to timely access court files and records, enter an appearance before the court, and provide legal representation to detained persons under RCW
71.05.110(2) and
71.05.620(2). Therefore, this chapter relates only to internal governmental operations and is exempt from requiring a small business economic impact statement.
Scope of exemption for rule proposal:
Is fully exempt.
May 26, 2026
Wendy Barcus
Rules Coordinator
RDS-7105.4
Chapter 182-155 WAC
INVOLUNTARY TREATMENT—LEGAL REPRESENTATION PROVIDED BY THE OFFICE OF PUBLIC DEFENSE
NEW SECTION
WAC 182-155-0050Authority and purpose.
This chapter implements the requirements of RCW
71.05.110 and
71.05.620 regarding appointed counsel and access to court records related to long-term and short-term civil commitment proceedings governed by chapters
71.05 and
71.34 RCW, and RCW
2.70.020.
NEW SECTION
WAC 182-155-0100Definitions.
"Attorney of the person" - The defense attorney assigned to represent a person subject to a petition under chapters
71.05 and
71.34 RCW as well as the office of public defense when it exercises its authority to assign the defense attorney who represents the person.
"Director" - The director of the authority.
"Office of public defense" or
"OPD" - See RCW
2.70.005.
NEW SECTION
WAC 182-155-0200Appointing the office of public defense as trial counsel.
(1) The county where the individual is detained administers appointed counsel under RCW
71.05.110. When a county governing body decides to request the office of public defense (OPD) contract with the authority to provide representation for an individual detained at a state facility, it must send written notice to the director.
(2) The director, or designee, will notify OPD of the opportunity to contract for representation services.
(3) OPD will inform the authority in writing whether it will agree to contract with the authority to provide representation services in the county requested.
(4) The director, or designee, will respond to the county's request within 30 days of receiving a response from OPD.
(5) As of January 1, 2026, OPD provides representation services under RCW
71.05.110 in the following counties for individuals detained at a state facility: King County.
(6) When OPD provides representation under this section, OPD is considered an attorney of the person under RCW
71.05.620.
NEW SECTION
WAC 182-155-0300Role of the office of public defense as legal appellate counsel.
(1) Individuals detained under chapter
71.05 or
71.34 RCW have the right to appointed counsel at every stage of civil commitment proceedings. The right to counsel extends to appeals of trial court decisions per
In re Grove, 127 Wn.2d 221 (1995).
(2) The office of public defense (OPD) administers appointed appellate counsel statewide for indigent persons under RCW
2.70.020. OPD provides appellate representation through contracted counsel under RCW
2.70.023.
(3) When OPD provides representation under this section, OPD is considered an attorney of the person under RCW
71.05.620.