EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
Date of Adoption: March 5, 2001.
Purpose: WAC 388-865-504 Exception to rule -- Long-term certification, to allow community facilities to be certified on an exception basis to provide care to patients subject to ninety-and/or one hundred eighty-day inpatient involuntary commitment orders.
Statutory Authority for Adoption: RCW 71.05.560.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The earthquake on February 28, 2001, caused significant damage to buildings at Western State Hospital (WSH), specifically North Hall, resulting in decreased bed capacity at WSH until construction of the new Center for Forensic Services is complete. This rule will allow community facilities to be certified to care for patients subject to a ninety- or one hundred eighty-day involuntary commitment order. Community facilities are currently only certified to care for patients on 72 hour detentions or 14 day involuntary commitment orders. Allowing patients to receive care in the community will ease census pressure at WSH that has resulted from the earthquake damage and is in the best interests of the patients.
The immediate adoption of this rule is necessary for the preservation of the public health, safety, and general welfare because of the earthquake damage to WSH and the need for other facilities to serve patients normally served at WSH. Observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest in that it would delay relief from overcrowding caused by the earthquake damage to WSH wards and could result in persons needing inpatient care potentially being denied admission.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
March 5, 2001
Bonita H. Jacques, Chief
Office of Legal Affairs
2920.1(2) The exception certification may be requested by the facility, the director of the mental health division or his designee, or the RSN for the facility's geographic area.
(3) The facility receiving the exception certification for ninety- or one hundred eighty-day patients must meet all requirements found in chapter 388-861 WAC for the evaluation and treatment facility short-term inpatient component.
(4) The exception certification must be signed by the director of the mental health division. The exception certification may impose additional requirements, such as types of patients allowed and not allowed at the facility, reporting requirements, requirements that the facility immediately report suspected or alleged incidents of abuse, or any other requirements that the director of the mental health division determines are necessary for the best interests of patients.
(5) The mental health division may make unannounced site visits at any time to verify that the terms of the exception certification are being met. Failure to comply with any term of the exception certification may result in corrective action or, if the mental health division determines that the violation places patients in immediate jeopardy, immediate revocation of the certification.
(6) Neither consumers nor facilities have fair hearing rights as defined under chapter 388-02 WAC regarding the decision to grant or not to grant exception certification.
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