reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0900 - Competency evaluation and restoration treatment services-General (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0910 - Competency evaluation and restoration treatment services-Certification and fee requirements (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0920 - Competency evaluation and restoration treatment services-Administrative policies and procedures (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0930 - Competency evaluation and restoration treatment services-Agency staff requirements (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0940 - Competency evaluation and restoration treatment services-Individual participant rights (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0950 - Competency evaluation and restoration treatment services-Admission and initial assessment (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0960 - Competency evaluation and restoration treatment services-Individual service plan (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-865 - Community mental health and involuntary treatment programs › CERTIFICATION OF COMPETENCY EVALUATION AND RESTORATION TREATMENT SERVICES (REPEALED) › Section 388-865-0970 - Competency evaluation and restoration treatment services-Seclusion and restraint (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
To provide procedures for the evaluation, restoration,
				  placement, care, and discharge of persons committed to the care of the
				  department of social and health services, required under chapter 10.77
				  RCW.
Statutory Authority:
					 Chapter
					 10.77 RCW. 01-01-008,
					 recodified as § 388-875-0010, filed 12/6/00, effective 1/6/01; Order 846,
					 § 275-59-010, filed 8/9/73.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Administration"
means the behavioral health
				  administration, department of social and health services.
"Department"
means the state department of
				  social and health services.
"Director"
means the director of the office of
				  forensic mental health services.
"Evaluation"
means the initial procedure when a
				  court requests the department to provide an opinion if a person charged with a
				  crime is competent to stand trial or, if indicated and appropriate, if the
				  person was suffering under a mental disease or defect excluding responsibility
				  at the time of the commission of the crime.
"Indigent"
means any person who is financially
				  unable to obtain counsel or other necessary expert or professional services
				  without causing substantial hardship to the person or his or her family.
"Office"
means the office of forensic mental
				  health services, department of social and health services.
"Professional person"
means:
(1) A psychiatrist. This is defined as a person having a
				  license as a physician and surgeon in this state, who has in addition,
				  completed three years of graduate training in psychiatry in a program approved
				  by the American Medical Association or the American Osteopathic Association and
				  who is certified or is eligible to be certified by the American Board of
				  Psychiatry and Neurology or the American Osteopathic Board of Neurology and
				  Psychiatry.
(2) A psychologist. This is defined as a person who has been
				  licensed as a psychologist under chapter 18.83 RCW.
(3) A social worker. This is defined as a person with a
				  master's or further advanced degree from an accredited school of social work
				  educational program accredited and approved under
				  RCW
				   18.320.010.
"Secretary"
means the secretary of the
				  department of social and health services or his or her designee.
"Superintendent"
means the person responsible
				  for the functioning of a treatment facility.
"Treatment"
means any currently standardized
				  medical or mental health procedure including medication.
"Treatment facility"
means any facility operated
				  or approved by the department of social and health services that provides
				  services for the criminally insane or persons receiving competency services.
				  This definition does not include any state correctional institution or
				  facility.
Statutory Authority:
					 Chapter
					 10.77 RCW. 01-01-008,
					 amended and recodified as § 388-875-0020, filed 12/6/00, effective 1/6/01.
					 Statutory Authority:
					 RCW
					  72.01.090. 79-03-038 (Order 1373), §
					 275-59-020, filed 3/1/79; Order 846, § 275-59-020, filed
					 8/9/73.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0030 - Evaluation and treatment

Current through Register Vol. 24-14, July 15, 2024
(1) The
				secretary designates to the administration the responsibility for:
(a) Evaluation and treatment of any person
				committed to the secretary for evaluation or treatment, under chapter 10.77
				RCW; and
(b) Determination of which
				treatment facility must have custody of the persons committed to the secretary
				under chapter 10.77 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0040 - Schedule of payment for defendant expert or professional person

Current through Register Vol. 24-14, July 15, 2024
Department payments to an expert or professional person for
				  department services an indigent person receives must occur as follows:
(1) The department must publish a schedule of
				hourly fees, and travel time, in amounts that the department determines to be
				fair and reasonable. The department will review the hourly reimbursement
				schedule annually and make adjustments as appropriate. This schedule may be
				found online at:
https://www.dshs.wa.gov/bha/office-service-integration/office-forensic-mental-health-services
.
(2) Under
				RCW
				 10.77.140, the department must only approve
				payment for one mental health examination per indigent person in each six month
				period.
(3) All invoices for
				court-ordered services must be submitted using the department's invoicing
				procedure, with each service itemized by hour and quarter-hour increments.
				Forensic evaluation reports conducted by a professional person and submitted
				for payment are subject to accounting and quality review by the office prior to
				approving payment.
Statutory Authority:
					 Chapter
					 10.77 RCW. 01-01-008,
					 recodified as § 388-875-0040, filed 12/6/00, effective 1/6/01. Statutory
					 Authority:
					 RCW
					  72.01.090. 91-24-045 (Order 3298), §
					 275-59-041, filed 11/27/91, effective 1/1/92; 79-03-038 (Order 1373), §
					 275-59-041, filed 3/1/79.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0050 - Time limitations and requirements

Current through Register Vol. 24-14, July 15, 2024
If a person is committed to the secretary as criminally
				  insane, commitment and treatment must not exceed the maximum possible sentence
				  for any offense charged. Therefore:
(1) The administration, with the assistance
				of the office of the attorney general where necessary must determine at the
				time of commitment the maximum possible sentence for any offense charged, and
				thereby compute a maximum release date for every individual so
				committed.
(2) If the committed
				person has not been released by court order six months prior to the expiration
				of the maximum possible release date, the administration, must notify the
				committing court and prosecuting attorney of its computation of maximum release
				date and the requirement that the person must be released on that date unless
				civil proceedings are instituted or the court determines that the computation
				of maximum release date is incorrect.
Statutory Authority:
					 Chapter
					 10.77 RCW. 01-01-008,
					 recodified as § 388-875-0050, filed 12/6/00, effective 1/6/01. Statutory
					 Authority:
					 RCW
					  72.01.090. 79-03-038 (Order 1373), §
					 275-59-050, filed 3/1/79; Order 846, § 275-59-050, filed
					 8/9/73.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0060 - Individualized treatment

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever a
				person is committed to the secretary as criminally insane, the treatment
				facility to which the person is assigned must, within fifteen days of admission
				to the facility, evaluate and diagnose the committed person for the purpose of
				devising an individualized treatment program.
(2) Every person, committed to the secretary
				as criminally insane, must have an individualized treatment plan formulated by
				the treatment facility. This plan shall be developed by appropriate treatment
				team members and implemented as soon as possible but no later than fifteen days
				after the person is admitted to the treatment facility . Each individualized
				treatment plan must include, but not be limited to:
(a) A statement of the nature of the specific
				problems and specific needs of the patient;
(b) A statement of the physical setting
				necessary to achieve the purposes of commitment;
(c) A description of intermediate and
				long-range treatment goals, with a projected timetable for their
				attainment;
(d) A statement and
				rationale for the plan of treatment for achieving these intermediate and
				long-range goals;
(e) A
				specification of staff responsibility and a description of proposed staff
				involvement with a patient in order to attain these treatment goals;
				and
(f) Criteria for recommendation
				to the court for release.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0070 - Transfer of a patient between treatment facilities

Current through Register Vol. 24-14, July 15, 2024
In some instances, it is appropriate for the department to
				  transfer a patient currently residing in a state facility to another state
				  facility for ongoing treatment. The department accomplishes the transfer with
				  the utmost care given to the therapeutic needs and legal status of the patient.
				  This section describes the procedures for handling a patient transfer between
				  state facilities in a manner consistent with the best interest of the
				  patient.
(1) The department uses the
				following criteria when determining the appropriateness of a patient transfer:
(a) The patient's family resides within the
				receiving facility's service area;
(b) The patient's primary home of residence
				is in the receiving facility's service area;
(c) A particular service or need of the
				patient is better met at the receiving facility;
(d) Transfer to the receiving facility may
				facilitate continuity of care; or
(e) The prosecutor, defense counsel, or the
				court requests a transfer.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0080 - Restoration procedure for a former involuntarily committed person's right to firearm possession

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 10.77 RCW. 01-01-008,
					 recodified as § 388-875-0080, filed 12/6/00, effective 1/6/01. Statutory
					 Authority: RCW  9.41.040(6).
					 94-06-025 (Order 3709), § 275-59-072, filed 2/23/94, effective
					 3/26/94.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0090 - Conditional release

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
				committed to the secretary as criminally insane may make application to the
				secretary for conditional release.
(2) The administration is responsible for
				receiving and acting on applications for conditional release.
(3) The person making application for
				conditional release must not, under any circumstances, be released until there
				is a court hearing on the application, and recommendations and a court order
				authorizing conditional release has been issued.
(4) If conditional release is denied by the
				court the person making the applications may reapply after a period of six
				months from the date of denial.
(5)
				If the court grants conditional release and places the person making
				application under the supervision of the department, the department must make
				monthly reports for the first six months, and semi-annually thereafter, unless
				indicated otherwise by the committing court, concerning the conditionally
				released person's progress and compliance with the terms and conditions of
				conditional release. Such reports must be forwarded to the committing court,
				the prosecuting attorney, and the treatment facility in which the person was
				most recently housed.
(6) The
				following persons are designated to exercise power and authority of the
				secretary contained in
				RCW
				 10.77.190:
(a) The assistant secretary of the behavioral
				health administration, the director or designee of the office;
(b) The probation and parole office, if any,
				supervising the conditionally released person; and
(c) The treatment facility supervising the
				conditionally released person or from which the person was conditionally
				released.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0100 - Retroactivity

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter shall
				apply to persons committed to the secretary or the department, under prior
				rules and regulations, as incompetent to stand trial or as being criminally
				insane and therefore requires that these individuals be provided:
(a) An individualized treatment
				plan;
(b) An evaluation to be
				forwarded to the committing court;
(c) Applicability of time limitations and
				requirements provided herein;
(d) A
				maximum release date; and
(e) An
				opportunity to apply for conditional release.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0110 - Access to records by criminal justice agencies

Current through Register Vol. 24-14, July 15, 2024
Upon written request, criminal justice agencies must have
				  access to the following documents developed pursuant to the procedures set
				  forth in chapter 10.77 RCW. The most recent forensic:
(1) Psychiatric assessment;
(2) Release summary; and
(3) Pretrial report of the examination,
				either inpatient or outpatient.
Other relevant information may be provided by agreement
				  between the requesting criminal justice agency and the treatment facility,
				  subject to federal and state confidentiality provisions.
Statutory Authority:
					 Chapter
					 10.77 RCW. 01-01-008,
					 § 388-875-0110, filed 12/6/00, effective
					 1/6/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0200 - Forensic navigators-Access to jails

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0210 - Forensic navigators-Access to records

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0220 - Forensic navigator caseload

Current through Register Vol. 24-14, July 15, 2024
The department has discretion over the manner in which
				  caseloads are prioritized. This prioritization must 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › MENTAL HEALTH › Chapter 388-875 - Criminally insane person committed to the care of the department of social and health services-Evaluation, placement, care and discharge › Section 388-875-0230 - Discharge of forensic navigator

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION ONE - BEHAVIORAL HEALTH SERVICES-PURPOSE AND SCOPE › Section 388-877-0100 - Behavioral health services-Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1) The rules in chapter 388-877 WAC provide
				  a single set of rules for agencies to follow that provide any one or more of
				  the following behavioral health services:
(a)
				  Mental health services;
(b)
				  Substance use disorder services;
(c) Co-occurring services (services to
				  individuals with co-existing mental health and substance use disorders);
				  and
(d) Problem and pathological
				  gambling;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION ONE - BEHAVIORAL HEALTH SERVICES-PURPOSE AND SCOPE › Section 388-877-0110 - Behavioral health services-Available certifications

Current through Register Vol. 24-14, July 15, 2024
A behavioral health agency licensed by the department may
					 become certified to provide one or more of the mental health, substance use
					 disorder, and problem and pathological gambling services listed below:
(1) Outpatient:
(a) Individual mental health treatment
				  services;
(b) Brief mental health
				  intervention treatment services;
(c) Group mental health therapy
				  services;
(d) Family therapy mental
				  health services;
(e) Rehabilitative
				  case management mental health services;
(f) Psychiatric medication mental health
				  services and medication support services;
(g) Day support mental health
				  services;
(h) Mental health
				  outpatient services provided in a residential treatment facility
				  (RTF);
(i) Recovery support:
				  Supported employment mental health services;
(j) Recovery support: Supported employment
				  substance use disorder services;
(k) Recovery support: Supportive housing
				  mental health services;
(l)
				  Recovery support: Supportive housing substance use disorder services;
(m) Recovery support: Peer support mental
				  health services;
(n) Recovery
				  support: Wraparound facilitation mental health services;
(o) Recovery support: Applied behavior
				  analysis (ABA) mental health services;
(p) Consumer-run recovery support: Clubhouse
				  mental health services;
(q)
				  Substance use disorder level one outpatient services;
(r) Substance use disorder level two
				  intensive outpatient services;
(s)
				  Substance use disorder assessment only services;
(t) Substance use disorder alcohol and drug
				  information school services;
(u)
				  Substance use disorder information and crisis services;
(v) Substance use disorder emergency service
				  patrol services;
(w) Substance use
				  disorder screening and brief intervention services; and
(x) Problem and pathological gambling
				  services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0300 - Agency licensure and certification-General information

Current through Register Vol. 24-14, July 15, 2024
The department licenses agencies to provide behavioral
					 health treatment services. To gain and maintain licensure, an applicant must
					 meet the requirements of chapter 388-877 WAC, applicable local and state rules,
					 and state and federal statutes. In addition, the applicant must meet the
					 applicable specific program requirements for all behavioral health services
					 certified by the department's division of behavioral health and
					 recovery.
(1) An applicant currently
				  accredited by a national accreditation agency recognized by and having a
				  current agreement with the department may be eligible for licensing through
				  deeming. See WAC
				  388-877-0310.
(2) Initial applications and renewal forms
				  for behavioral health agency licensure or certification may be downloaded at
https://www.dshs.wa.gov/bha/division-behavioral-health-and-recovery/licensing-and-certification-behavioral-health-agencies
.
				  Completed application packets, forms, and requests for deeming or other
				  services should be mailed to "provider requests," DBHR, at the address listed
				  on the applicable application packet or form.
(3) An agency must report to the department
				  any changes that occur following the initial licensing or certification
				  process. The department may request a copy of additional disclosure statements
				  or background inquiries if there is reason to believe that offenses specified
				  under
				  RCW
				   43.43.830 have occurred since the original
				  application was submitted.
(4) The
				  department may grant an exemption or waiver from compliance with specific
				  licensing or program certification requirements if the exemption does not
				  violate an existing state, federal, or tribal law.
(a) To request an exemption to a rule in this
				  chapter, the applicant must:
(i) Submit the
				  request in writing to the department;
(ii) Assure the exemption request does not
				  jeopardize the safety, health, or treatment of an individual; and
(iii) Assure the exemption request does not
				  impede fair competition of another service agency.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0305 - Agency licensure and certification-Application

Current through Register Vol. 24-14, July 15, 2024
To apply for licensure to provide any behavioral health
					 service, an applicant must submit an initial application to the department that
					 is signed by the agency's administrator. The applicant must also apply for and
					 have the department certify any specific behavioral health program services the
					 agency wishes to provide.
(1) The
				  application must include the following:
(a) A
				  copy of the applicant's master business license that authorizes the
				  organization to do business in Washington state;
(b) A list of the specific program services
				  for which the applicant is seeking certification;
(c) A copy of the report of findings from a
				  background check of the administrator and any owner of five percent or more of
				  the organizational assets;
(d) The
				  physical address of any agency operated facility where behavioral health
				  services will be provided;
(e) A
				  statement assuring the applicant meets Americans with Disabilities Act (ADA)
				  standards and that the facility is:
(i)
				  Suitable for the purposes intended;
(ii) Not a personal residence; and
(iii) Approved as meeting all building and
				  safety requirements.
(f)
				  A copy of the policies and procedures specific to the agency;
(g) A copy of a current DOH residential
				  treatment facility certificate if the applicant is providing substance use
				  disorder residential treatment or mental health residential treatment;
				  and
(h) Payment of associated
				  fees.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0310 - Agency licensure and certification-Deeming

Current through Register Vol. 24-14, July 15, 2024
(1) If an agency is currently accredited by a
				  national accreditation organization that is recognized by and has a current
				  agreement with the department, the department must deem the agency to be in
				  compliance with state standards for licensure and certification.
(2) To be considered for deeming, an agency
				  must submit a request to the department signed by the agency's
				  administrator.
(3) Deeming will be
				  in accordance with the established written agreement between the accrediting
				  agency and the department.
(4)
				  Specific licensing and certification requirements of any:
(a) State rule may only be waived through a
				  deeming process consistent with the established written agreement between the
				  accrediting agency and the department.
(b) State or federal law will not be waived
				  through a deeming process.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0315 - Agency licensure and certification-Renewals

Current through Register Vol. 24-14, July 15, 2024
A departmentissued license and certification of behavioral
					 health services expires twelve months from the effective date. To renew a
					 license or certification, an agency must submit a renewal request signed by the
					 agency's designated official.
(1) The
				  original renewal request must:
(a) Be received
				  by the department before the expiration date of the agency's current license;
				  and
(b) Include payment of the
				  specific renewal fee (see WAC
				  388-877-0365).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0320 - Agency licensure and certification-On-site reviews and plans of correction

Current through Register Vol. 24-14, July 15, 2024
To obtain and maintain a department-issued license and to
					 continue to provide department-certified behavioral health services, each
					 agency is subject to an on-site review to determine if the agency is in
					 compliance with the minimum licensure and certification standards.
(1) A department review team
				  representative(s) conducts an entrance conference with the agency and an
				  on-site review that may include:
(a) A review
				  of:
(i) Agency policies and
				  procedures;
(ii) Personnel
				  records;
(iii) Clinical
				  records;
(iv) Facility
				  accessibility;
(v) The agency's
				  internal quality management plan, process, or both, that demonstrates how the
				  agency evaluates program effectiveness and individual participant satisfaction;
				  and
(vi) Any other information,
				  including the criteria in WAC
				  388-877-0335(1)(b),
				  that the department determines to be necessary to confirm compliance with the
				  minimum standards of this chapter; and
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0325 - Agency licensure and certification-Approvals and provisional approvals

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  grants an initial or provisional license or program-specific certification to
				  an agency when:
(a) The application and
				  agency policy and procedures submitted meet the requirements of WAC
				  388-877-0305(1);
(b) An on-site review is conducted under WAC
				  388-877-0320
				  and the agency corrects any noted deficiencies within the agreed upon time
				  frame; and
(c) The department
				  determines the agency is in compliance with the licensure and program-specific
				  certification standards.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0330 - Agency licensure and certification-Effective dates

Current through Register Vol. 24-14, July 15, 2024
An agency's license and any behavioral health services
					 certification is effective for up to twelve months from the effective date,
					 subject to the agency maintaining compliance with the minimum license and
					 program-specific certification standards in this chapter.
Statutory Authority:
						Chapters
						70.02,
						70.96A,
						71.05,
						71.24,
						71.34,
						74.50 RCW,
						RCW
						 74.08.090,
						43.20A.890, and 42 C.F.R. Part 8.
						WSR 13-12-054, § 388-877-0330, filed 5/31/13, effective
						7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0340 - Agency licensure and certification-Adding a branch site

Current through Register Vol. 24-14, July 15, 2024
To add a branch site, an existing licensed behavioral
					 health agency must notify the department and submit an application that lists
					 the behavioral health services to be provided and that is signed by the
					 agency's designated official.
(1) The
				  agency must also submit the following:
(a) A
				  statement assuring the branch site meets Americans with Disabilities Act (ADA)
				  standards and that the facility is appropriate for providing the proposed
				  services;
(b) A written declaration
				  that a current copy of agency policies and procedures is accessible to the
				  branch site and that the policies and procedures have been revised to
				  accommodate the differences in business and clinical practices at that site;
				  and
(c) Payment of fees (see WAC
				  388-877-0365).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0342 - Agency licensure and certification-Off-site locations

Current through Register Vol. 24-14, July 15, 2024
(1) A behavioral health
				  agency that provides outpatient services at an established off-site location(s)
				  must:
(a) Maintain a list of each established
				  off-site location where services are provided; and
(b) Include, for each established off-site
				  location:
(i) The name and address of the
				  location the services are provided;
(ii) The primary purpose of the off-site
				  location;
(iii) The service(s)
				  provided; and
(iv) The date
				  off-site services began at that location.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0345 - Agency licensure and certification-Adding a new service

Current through Register Vol. 24-14, July 15, 2024
To add a new behavioral health service, a licensed
					 behavioral health agency must request and submit an abbreviated application
					 that lists the additional behavioral health service(s) it seeks to provide and
					 is signed by the agency's designated official.
(1) The application must include the
				  following:
(a) The name of the administrator
				  providing management or supervision of services;
(b) The physical address or addresses of the
				  agency-operated facility or facilities where the new service(s) will be
				  provided;
(c) A description of the
				  agency's policies and procedures relating to the new service(s);
(d) The name and credentials of each staff
				  member providing the new service(s); and
(e) Payment of fees (see WAC
				  388-877-0365).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0350 - Agency licensure and certification-Change in ownership

Current through Register Vol. 24-14, July 15, 2024
(1) When a licensed
				  behavioral health agency changes ownership, the department requires:
(a) A new license application (see WAC
				  388-877-0305);
(b) Payment of fees (see WAC
				  388-877-0365); and
(c) A statement regarding
				  the disposition and management of clinical records in accordance with
				  applicable state and federal laws.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0355 - Agency licensure and certification-Change in location

Current through Register Vol. 24-14, July 15, 2024
(1) When a licensed
				  behavioral health agency relocates to another address, the department requires:
(a) The agency to notify the department in
				  writing of the new address;
(b) A
				  new license application (see WAC
				  388-877-0305); and
(c) Payment of fees (see WAC
				  388-877-0365).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0360 - Agency licensure and certification-Facility remodel

Current through Register Vol. 24-14, July 15, 2024
When a licensed behavioral health agency changes the
					 accessibility of the facility by remodeling, the department requires the agency
					 to:
(1) Notify the department in
				  writing of the facility remodel at least thirty days before the day the
				  remodeling begins; and
(2) Submit a
				  floor plan documenting accessibility and maintenance of confidentiality during
				  and after the remodel.
Statutory Authority:
						Chapters
						70.02,
						70.96A,
						71.05,
						71.24,
						71.34,
						74.50 RCW,
						RCW
						 74.08.090,
						43.20A.890, and 42 C.F.R. Part 8.
						WSR 13-12-054, § 388-877-0360, filed 5/31/13, effective
						7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0365 - Agency licensure and certification-Fee requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Payment of licensing and specific program
				  certification fees required under this chapter must be included with the
				  initial application, renewal application, or with requests for other
				  services.
(2) Payment of fees must
				  be made by check, bank draft, electronic transfer, or money order made payable
				  to the department.
(3) The
				  department may refund one-half of the application fee if an application is
				  withdrawn before certification or denial.
(4) Fees will not be refunded when licensure
				  or certification is denied, revoked, or suspended.
(5) The department charges the following fees
				  for approved substance use disorder treatment programs:
Application fees for agency certification
							 for approved substance use disorder treatment programs
New agency application
$1,000
Branch agency application
$500
Application to add one or more services
$200
Application to change ownership
$500
Initial and annual certification fees for
							 withdrawal management, residential, and nonresidential services
Withdrawal management and residential
							 services
$100 per licensed bed, per year, for
							 agencies not renewing certification through deeming
$50 per licensed bed, per year, for
							 agencies renewing certification through deeming per WAC
							 388-877-0310
Nonresidential services
$750 per year for agencies not renewing
							 certification through deeming
$200 per year for agencies certified
							 through deeming per WAC
							 388-877-0310
Complaint/critical incident investigation
							 fees
All agencies
$1,000 per substantiated complaint
							 investigation and $1,000 per substantiated critical incident investigation that
							 results in a requirement for corrective action
(6) Agency providers must annually complete a
				  declaration form provided by the department to indicate information necessary
				  for establishing fees and updating certification information. Required
				  information includes, but is not limited to:
(a) The number of licensed withdrawal
				  management and residential beds; and
(b) The agency provider's national
				  accreditation status.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION THREE - BEHAVIORAL HEALTH SERVICES-AGENCY LICENSURE AND CERTIFICATION › Section 388-877-0370 - Agency licensure and certification-Appealing a department decision

Current through Register Vol. 24-14, July 15, 2024
(1) To appeal a
				  decision made by the department regarding agency licensure or certification of
				  a behavioral health service, an agency must submit a written application asking
				  for an administrative hearing:
(a) Signed by
				  the agency's administrator.
(b)
				  Sent to the office of administrative hearings (OAH), P.O. Box 42489, Olympia,
				  WA 98504-2489, with a method that shows proof of receipt.
(c) Received by OAH within twenty-eight days
				  of the date of the department's written decision.
(d) That includes all of the following:
(i) A copy of the department's decision that
				  is being con-tested;
(ii) The
				  agency's reason for contesting the decision; and
(iii) The specific rules, laws, and policy
				  the agency believes are being violated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION FOUR - BEHAVIORAL HEALTH SERVICES-AGENCY ADMINISTRATION › Section 388-877-0400 - Agency administration-Governing body requirements

Current through Register Vol. 24-14, July 15, 2024
An agency's governing body is responsible for the conduct
					 and quality of the behavioral health services provided. The agency's governing
					 body must:
(1) Assure there is an
				  administrator responsible for the day-to-day operation of services;
(2) Maintain a current job description for
				  the administrator, including the administrator's authority and duties;
				  and
(3) Notify the department
				  within thirty days of changes of the administrator.
Statutory Authority:
						Chapters
						70.02,
						70.96A,
						71.05,
						71.24,
						71.34,
						74.50 RCW,
						RCW
						 74.08.090,
						43.20A.890, and 42 C.F.R. Part 8.
						WSR 13-12-054, § 388-877-0400, filed 5/31/13, effective
						7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION FOUR - BEHAVIORAL HEALTH SERVICES-AGENCY ADMINISTRATION › Section 388-877-0410 - Agency administration-Administrator key responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The agency
				  administrator is responsible for the day-to-day operation of the agency's
				  provision of certified behavioral health treatment services, including:
(a) All administrative matters;
(b) Individual care services; and
(c) Meeting all applicable rules, policies,
				  and ethical standards.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION FOUR - BEHAVIORAL HEALTH SERVICES-AGENCY ADMINISTRATION › Section 388-877-0420 - Agency administration-Policies and procedures

Current through Register Vol. 24-14, July 15, 2024
Each agency licensed by the department to provide any
					 behavioral health service must develop, implement, and maintain administrative
					 policies and procedures to meet the minimum requirements of this chapter. The
					 policies and procedures must demonstrate the following, as applicable:
(1)
Ownership.
Documentation of
				  the agency's governing body, including a description of membership and
				  authorities, and documentation of the agency's:
(a) Articles and certificate of incorporation
				  and bylaws if the owner is a corporation;
(b) Partnership agreement if the owner is a
				  partnership; or
(c) Sole
				  proprietorship if one person is the owner.