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Aging and Disability Services Administration) 0530 Personnel—Agency Requirements for Volunteers and [Filed December 20, 2012, 4:03 P.M.] Student Practicum

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Aging and Disability Services Administration) 0530 Personnel—Agency Requirements for Volunteers and [Filed December 20, 2012, 4:03 P.M.] Student Practicum Washington State Register, Issue 13-03 WSR 13-02-027 WSR 13-02-027 WAC 388-877-0500 Personnel—Agency policies and PROPOSED RULES procedures, 388-877-0510 Personnel—Agency record DEPARTMENT OF requirements, 388-877-0520 Personnel—Agency require- SOCIAL AND HEALTH SERVICES ments for supervision of trainees and interns, and 388-877- (Aging and Disability Services Administration) 0530 Personnel—Agency requirements for volunteers and [Filed December 20, 2012, 4:03 p.m.] student practicum. Section Six—Behavioral health services—Clinical. Original Notice. WAC 388-877-0600 Clinical—Individual rights, 388- Preproposal statement of inquiry was filed as WSR 11- 877-0610 Clinical—Initial assessment, 388-877-0620 Clini- 09-067. cal—Individual service plan, 388-877-0630 Clinical—Indi- Title of Rule and Other Identifying Information: The vidual clinical record system, 388-877-0640 Clinical— department proposes to adopt a new chapter 388-877 WAC Record content, and 388-877-0650 Clinical—Access to clin- to establish administrative standards, and support the specific ical records. requirements for the licensing and certification of behavioral Hearing Location(s): Office Building 2, Lookout Room, health agencies that provide mental health, chemical depen- DSHS Headquarters, 1115 Washington, Olympia, WA 98504 dency, and/or problem and pathological gambling treatment (public parking at 11th and Jefferson. A map is available at services. This rule supports the program-specific rules the http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions. department is proposing, at the same time, for a new chapter html), on February 26, 2013, at 10:00 a.m. 388-877A WAC for mental health, chapter 388-877B WAC Date of Intended Adoption: Not earlier than February for chemical dependency, and chapter 388-877C WAC for 27, 2013. problem and pathological gambling. Submit Written Comments to: DSHS Rules Coordina- SECTIONS IN NEW CHAPTER 388-877 WAC: tor, P.O. Box 45850, Olympia, WA 98504, e-mail DSHS Section One—Behavioral health services—Purpose and [email protected], fax (360) 664-6185, scope. by 5:00 p.m. on February 26, 2013. WAC 388-877-0100 Behavioral health services—Pur- Assistance for Persons with Disabilities: Contact Jenni- pose and scope. sha Johnson, DSHS rules consultant, by January 15, 2013, Section Two—Behavioral health services—Definitions. TTY (360) 664-6178 or (360) 664-6094 or by e-mail at WAC 388-877-0200 Behavioral health services—Defi- [email protected]. nitions. Purpose of the Proposal and Its Anticipated Effects, Section Three—Behavioral health services—Agency Including Any Changes in Existing Rules: The new rules in licensure and certification. chapter 388-877 WAC allow for a single set of agency WAC 388-877-0300 Agency licensure—General infor- administrative, personnel, and clinical policies and proce- mation, 388-877-0305 Agency licensure—Application, 388- dures that address specific treatment populations and levels 877-0310 Agency licensure—Deeming, 388-877-0315 of care. The rules will provide standardization to all behav- Agency licensure—Renewals, 388-877-0320 Agency licen- ioral health services programs, provide an agency with a sure—On-site reviews and plans of correction, 388-877-0325 streamlined certification and/or licensure process for mental Agency licensure and program-specific certification— health, chemical dependency, and/or problem and pathologi- Approvals and provisional approvals, 388-877-0330 Agency cal gambling treatment programs, and eliminate the need for licensure—Effective dates, 388-877-0335 Agency licensure multiple audits when the agency provides more than one and program-specific certification—Denials, suspensions, behavioral health service. restrictions, revocations, and penalties, 388-877-0340 Reasons Supporting Proposal: The rules support the fol- Agency licensure—Adding a branch site, 388-877-0345 lowing: Clinical staff competency, individual rights, an ini- Agency licensure and program-specific certification—Add- tial assessment, a treatment service plan and treatment ser- ing a new service, 388-877-0350 Agency licensure—Change vice plan review, clinical documentation, a discharge plan, a in ownership, 388-877-0355 Agency licensure—Change in continuing care plan, patient records, a complaint procedure, location, 388-877-0360 Agency licensure and program-spe- and quality management. In addition, the rules merge and cific certification—Facility remodel, 388-877-0365 Agency place into one section definitions that apply to the general licensure and program-specific certification—Fee require- behavioral health services administrative rules and the pro- ments, and 388-877-0370 Agency licensure and program- gram-specific rules for mental health, chemical dependency, specific certification—Appealing a department decision. and problem and pathological gambling services. Section Four—Behavioral health services—Agency Statutory Authority for Adoption: Chapters 70.02, administration. 70.96A, 71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090, WAC 388-877-0400 Agency administration—Govern- 43.20A.890; 42 C.F.R. Part 8. ing body requirements, 388-877-0410 Agency administra- Statute Being Implemented: Chapters 70.02, 70.96A, tion—Administrator key responsibilities, 388-877-0420 71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090, 43.20A.- Agency administration—Policies and procedures, and 388- 890; 42 C.F.R. Part 8. 877-0430 Agency administration—Treatment facility Rule is not necessitated by federal law, federal or state requirements. court decision. Section Five—Behavioral health services—Personnel. Name of Proponent: DSHS, governmental. [ 1 ] Proposed WSR 13-02-027 Washington State Register, Issue 13-03 Name of Agency Personnel Responsible for Drafting: AGENCIES AND COMMUNITY MENTAL HEALTH AGENCIES." Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, This letter and charter informed stakeholders of the depart- (360) 725-1342; Implementation and Enforcement: Pete ment's intent to codify one set of rules rather than multiple Marburger, P.O. Box 45330, Olympia, WA 98504-5330, sets of rules for DBHR-licensed and/or certified agencies that (360) 725-1513. treat individuals with substance use, gambling, and/or mental A small business economic impact statement has been health conditions. A copy of this letter and the charter were prepared under chapter 19.85 RCW. posted on the DBHR internet web site. The letter invited stakeholders to attend a meeting in [at the] Yakima Confer- Small Business Economic Impact Statement ence Center on October 4, 2010, to exchange thoughts and SUMMARY OF PROPOSED RULES: DSHS (the depart- ideas about the principles the new WAC should address. At ment's) division of behavioral health and recovery (DBHR) is this meeting, input was solicited and considered and e-mails proposing new chapter 388-877 WAC, Behavioral health ser- to the department were encouraged. Each e-mail was vices administrative requirements. responded to individually. The purpose and scope of this chapter is to establish On December 17, 2010, DBHR invited fifteen members administrative standards, and support the specific require- from the Community Partner Advisory Group to Olympia to ments for the licensing and certification of behavioral health discuss stakeholder participation in the drafting of this rule. agencies that provide chemical dependency, mental health, DBHR solicited and addressed stakeholder concerns at this and/or problem and pathological gambling treatment ser- meeting. vices. The department filed a CR-101 (preproposal statement Chapter 388-877 WAC: of inquiry) under WSR 11-09-067 on April 19, 2011. On (1) Allows for a single set of agency administrative, per- April 27, 2011, copies of the CR-101 were sent to tribal lead- sonnel, and clinical policies and procedures that address spe- ers and all stakeholders and providers listed in DBHR's list- cific treatment populations and levels of care. serv data base. (2) Supports clinical staff competency, individual rights, DBHR contracted with Northwest Resource Associates an initial assessment, a treatment service plan and treatment (NWRA) of Seattle to facilitate stakeholder and DBHR meet- service plan review, clinical documentation, a discharge plan, ings and the drafting/content of the new rules. NWRA inter- a continuing care plan, patient records, a complaint proce- viewed potential stakeholders from a list provided by DBHR dure, and quality management. of possible work group members. Volunteer participates (3) Supports the program-specific rules in proposed [participants] for three work groups representing agencies chapter 388-877A WAC for mental health, chapter 388-877B statewide that provide chemical dependency, mental health, WAC for chemical dependency, and chapter 388-877C WAC and/or problem and pathological gambling treatment pro- for problem and pathological gambling. gram services were assembled to draft the rules. Three inde- (4) Provides general and specific information for agency pendent facilitators were contracted by NWRA to represent licensure and certification, including information on applica- each work group in the following areas: (1) Agency licen- tions, deeming, renewals, on-site reviews and plans of correc- sure/certification and personnel; (2) agency administration; tion, approvals and provisional approvals, effective dates of and (3) clinical. licensures and certification, denials, suspensions, restrictions, A second statewide stakeholder evening meeting was and revocations, adding branch sites, adding a new service, hosted
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