Original Notice.

Preproposal statement of inquiry was filed as WSR 99-10-010.

Title of Rule: Chapter 388-805 WAC, Certification requirements for chemical dependency service providers.

Purpose: Repeals chapter 440-22 WAC and WAC 440-44-020. Establishes the level of quality and patient care standards for chemical dependency service providers seeking certification by DSHS/DASA.

Statutory Authority for Adoption: RCW 70.96A.090.

Statute Being Implemented: Chapter 70.96A RCW.

Summary: DASA is proposing amendments to chapter 440-22 WAC. The key amendments proposed will:

•	Make changes to all sections pertaining to chemical dependency counselors (CDCs), CDC interns, and probation assessment officers as a result of the implementation of chapter 18.205 RCW, Chemical dependency professionals;
•	Update the agency certification fee sections by combining parts of chapter 440-44 WAC with chapter 388-805 WAC and adding procedural language;
•	Add new language defining patient noncompliance and agency reporting requirements for noncompliant patients participating in court referred treatment;
•	Add language to the intensive outpatient treatment section to clarify minimum treatment expectations for patients participating in treatment under deferred prosecution orders;
•	Add language to define outcomes evaluation;
•	Add essential requirements of chemical dependency services;
•	Add certification category for treatment alternatives to street crime (TASC) providers and services;
•	Eliminate application process for treatment providers offering off-site treatment services; and,
•	Make minor technical revisions to several sections to eliminate unnecessary rules and clarify others.

     In addition, DASA received a directive from Secretary Lyle Quasim to consolidate all DSHS WAC chapters under one Title 388 WAC number. In response to this directive, chapter 440-22 WAC is being changed to its new designated number "chapter 388-805 WAC."

Reasons Supporting Proposal: The implementation of chapter 18.205 RCW, Chemical dependency professionals, made it necessary for DASA to make amendments to all sections of chapter 388-805 WAC that pertain to chemical dependency counselors (CDCs), chemical dependency counselor interns (CIs) youth chemical dependency counselors (YCDCs), and probation assessment officers (PAOs). In addition, other sections of chapter 388-805 WAC are subject to review and amendment as required by Governor Locke's Executive Order 97-02 and Secretary Quasim's April 17, 1997, Executive Order on regulatory improvement. The criteria used included: Need for the rule; statutory authority and intent; effectiveness and efficiency; clarity; coordination with other rules; cost; and fairness.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dennis Malmer, Division of Alcohol and Substance Abuse, P.O. Box 45331, Olympia, WA 98504-5331, (360) 438-8086.

Name of Proponent: Department of Social and Health Services, Division of Alcohol and Substance Abuse, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See above.

Proposal Changes the Following Existing Rules: See above.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

     The purpose of this chapter is to describe the standards and processes necessary for certifying chemical dependency treatment service providers.

     The proposed amendments to this chapter include:

•	Changing all sections pertaining to qualifications for chemical dependency counselors (CDCs), CDC interns, and probation assessment officers in accordance with chapter 18.205 RCW called "Chemical dependency professionals." Note: These requirements now fall under the Department of Health, chemical dependency professionals (CDP) program requirements.
•	Adding procedures to agency certification fee sections.
•	Adding definitions of patient noncompliance and agency reporting requirements for noncompliant patients participating in court-referred treatment.
•	Clarifying minimum treatment expectations for patients participating in intensive outpatient treatment under deferred prosecution orders.
•	Specifying outcomes evaluation requirements.
•	Adding the essential requirements of chemical dependency services.

     This chapter has been rewritten in plain English, using a question and answer format to make it more understandable to our customers. Unnecessary rules have been eliminated and others have been clarified.

     SMALL BUSINESS ECONOMIC IMPACT STATEMENT: Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses and that it outlines the information that must be included in a small business economic impact statement (SBEIS). Preparation of an SBEIS is required when a proposed rule has the potential of placing a more than minor economic impact on business. DASA has analyzed the proposed amendments to its rules and has determined that small businesses will be impacted by these changes with some costs considered "more than minor."

     INDUSTRY ANALYSIS: DASA is responsible for certifying chemical dependency treatment agencies. As part of its monitoring, DASA keeps a current internal database that identifies all certified agencies. Since internal industry information can be obtained at a more accurate level than is required by chapter 19.85 RCW, it is unnecessary to conduct an industry analysis using the four-digit standard industrial classification (SIC) codes.

     DASA has determined that there are one hundred twenty-six existing agencies (private and for-profit) that meet the criteria for small businesses under RCW 19.85.020.

     INVOLVEMENT OF SMALL BUSINESSES: Many small businesses have been involved in writing the proposed rules and in ascertaining the costs associated with proposed rule changes. DASA engaged assistance of a writing group, which included representation from small businesses, and met and talked several times with a number of small businesses to consider costs that would impact their businesses.

     COST OF COMPLIANCE: To consider costs of compliance, DASA has elected to look at cost per patient. This is because:

•	Patients drive the businesses that provide chemical dependency treatment and so using the cost per patient is a more accurate depiction of costs than costs per employee;
•	Business decisions and planning are based on the number of patients served; and,
•	The number of patients also influences the total amount that the most significant proposed changes will cost.

     Chemical dependency treatment facilities that are considered small businesses serve an average of two hundred patients per year.

     Cost of Outcomes Evaluations: The major cost anticipated by small businesses for proposed rule changes is the new requirement for outcomes evaluations (WAC 388-80-350). This requirement has been added to assess and improve patient outcomes since decisions about quality patient care will be based on outcomes derived from these evaluations. Programs may be developed, improved, and managed, based on the results of these evaluations.

     Outcomes measurement is required at several times during a patient's involvement in treatment. All agencies must do an outcomes evaluation before treatment or at admission. This becomes the baseline measurement. In addition, outcomes evaluations must be conducted during at least two of the following times:

•	During treatment;
•	At discharge; or
•	After treatment.

     The chemical dependency treatment providers determine the ways to meet this requirement for outcomes evaluations, including the random sample that they use.

     There are agencies that already have outcomes evaluations as part of their programs. Eight of one hundred twenty-six small businesses exceed this requirement, since they are deemed by:

•	Joint Commission on Accreditation of Health Care Organizations (JCAHO);
•	CARF... The Rehabilitation Accreditation Commission (CARF); or
•	Council on Accreditation of Services for Families and Children, Inc. (COA).

     The anticipated costs to conduct outcomes evaluation occur in the areas outlined in the chart below:

First Year	First Year Total per Average Number of Patients (200)	Subsequent Years	Subsequent Total per Average Number of Patients (200)
$816- $1,366	$4.08-$6.83 per patient	$216-$316	$1.08-$1.58 per patient

     Disproportionate Economic Impact Analysis: When there are more than minor costs to small businesses as a result of proposed rule changes, the Regulatory Fairness Act requires an analysis to be done comparing these expenses between small businesses and 10% of the largest businesses. The costs identified with outcomes evaluations for small businesses would be considered by DASA to be "more than minor." Small businesses have expressed the most concern over this added requirement of all the other proposed rule changes submitted.

     DASA looked at the possible disproportionate impact of this requirement on small businesses, as compared to 10% of the largest businesses. However, these largest businesses are deemed by DASA as already meeting or exceeding the outcomes evaluation requirement. They have met this requirement as part of their accreditation by JCAHO, CARF, or COA. Their accreditation costs average $5,000 every three years. Consequently, it is not possible to accurately delineate and compare costs between small businesses and 10% of the largest agencies. In its desire to be fair to small businesses and to meet the intent of the law, however, DASA has outlined ways to mitigate expenses for small businesses in meeting the new outcomes evaluation requirement.

     Mitigating Expenses for Outcomes Evaluations: DASA has proposed a plan to mitigate expenses for small businesses. DASA will use one or more of the following to help small businesses meet the requirement for outcomes evaluations:

•	DASA will hire a consultant to develop policies, procedures, and written plans that would meet the requirements for outcomes evaluations for all chemical dependency service providers that wish to use them. This eliminates the need for individual agencies to develop policies and plans.
•	DASA will develop a package of public domain standardized outcomes evaluation questionnaires agencies could choose to use. This eliminates the need for individual agencies to develop or find evaluation questionnaires.
•	DASA will provide state-wide training to all staff through routine on-site technical assistance surveys and annual conferences. This would reduce the impact of training on staff time, since these events already are scheduled as part of staff time.
•	DASA will allow agencies to phase in outcomes evaluations over a two-year period.
•	Agencies have latitude in deciding what kind of random sample would work best in their own programs and how often to evaluate patients. They might start the first year with a smaller, though representative sample and increase that in subsequent years; or increase the number of times the patients complete outcomes evaluations after the first year the program is launched.

     CONCLUSION: DASA has given careful consideration to the impact on small businesses of proposed rules in chapter 388-805 WAC, Certification requirements for chemical dependency service providers. In accordance with the Regulatory Fairness Act, chapter 19.85 RCW, DASA has analyzed impacts on small businesses and proposed ways to mitigate those costs associated with the new outcomes evaluation requirements. Other rule changes offer cost and time savings by eliminating, reducing, or streamlining requirements.

     When beginning to assess costs, individual providers should consider measurable goals and objectives for their organization. These goals range from opening a new branch site, adding a women's program, or reducing the number of days for collecting patient fees. This planning activity requires provider time and should be an integral part of existing business planning rather than additional time and expense.

     Once measurable goals and objectives are formalized, the provider should select a set of indicators (questions), i.e., Who to ask, when to survey, and how the data is collected and evaluated. An important step will be to use a survey form and process that meets the needs of the provider's efforts to improve services. For example, one provider may be concerned with telephone access to services, while another is interested in measuring patients' perceptions of counselor respect for their ethnicity. Lists of indicators are available from a number of sources. Providers can elect to use surveys developed by sources in the public domain. In addition, The Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment (CSAT), and the National Institute on Drug Abuse (NIDA) have free or inexpensive resources.

     Survey formats can combine efficiency, effectiveness, and patient satisfaction questions on one form. The formats can be done in a word processing program.

     Time needs to be invested in the process. A protocol (procedures) needs to be written. Training would need to be offered for staff members. The survey needs to be tested on a sample of patients if an agency chooses a customized survey form rather than one from the public domain, which has already been standardized.

     Costs can vary by size of the organization. A small provider might invest a day of staff time of the director and the staff involved in the process. A larger organization would need more coordination, opinions, and training.

     An important consideration to the whole process is confidentiality and anonymity. Outcomes evaluation is covered under program audits as an exception to federal confidentiality regulations. Individual releases are not required, but providers should obtain a notification and acknowledgment signature during the admission process to authorized patient participation in outcomes evaluation. Patients must have some assurance of confidentiality and anonymity so that they will respond as candidly as possible. Choosing not to participate in outcomes evaluation should always be an option to the patient.

     An agency staff member needs to be accountable for receiving the surveys, as well as confidential storage (some surveys might contain patient identifying information). The amount of storage space would equal the number of surveys the provider expects to receive and store. The provider should use existing document destruction procedures once the data is processed and validated (entered and checked for key entry accuracy).

     Evaluation of the results can be as simple as reviewing the narrative comments on the survey forms, to using a spreadsheet program to create charts and tables. Data can be tabulated by hand for smaller samples. The result is not research, but simple histographs and trend charts.

     A well thought-out utilized outcomes evaluation and patient satisfaction measurement system should result in increased operating effectiveness, efficiency, and better patient outcomes. Increased customer satisfaction should result in increased census and improved treatment compliance, both of which imply an operation that is more efficient. Providers would also have a process to discover opportunities for new services and to reach out to new populations within their communities. Increased revenue could be measured by setting goals on census and profit margins for different programs within an agency.

     What are examples of a small business implementing outcomes evaluations? Agency A is a small, for-profit chemical dependency treatment provider in Washington state. Agency A has two hundred patients participating in treatment across various levels of care. About twenty to twenty-five patients are participating in intensive outpatient treatment services, sixty to seventy-five patients are attending outpatient continuing care groups on a weekly basis, and one hundred to one hundred twenty patients are attending monthly outpatient groups.

     Agency A is owned and operated by Mr. Jones. He is a chemical dependency professional (CDP) and conducts many of the agency assessments. Mr. Jones employs three full-time CDPs, a receptionist, and a part-time bookkeeper.

     Mr. Jones determines that he will consult with a person about outcomes evaluations, develop his plan after consultation, train his staff members, and conduct outcomes measurement on his own. He determines that he will evaluate 10% of the patients completing intensive outpatient and outpatient treatment at his agency. He understands that this means he needs ten patients (10% of one hundred patients) to complete baseline questionnaires, i.e., one questionnaire during treatment and one questionnaire after treatment. Because Mr. Jones has decided to conduct an evaluation after treatment (which is more difficult and costly), he realizes he will need more than ten patients completing the baseline questionnaire. Mr. Jones decides to ask fifty patients to complete his questionnaire at the time of admission. He believes that of the fifty original patients completing the admission baseline measurement, about forty to forty-five will complete intensive outpatient treatment. Of that number, about thirty to thirty-five will likely complete outpatient treatment. Mr. Jones believes that of the thirty to thirty-five patients completing outpatient treatment, he should be able to mail out and receive ten questionnaires at six months post discharge.

     Cost Assumptions: Plan A.

     Administrative costs for retaining a consultant to work with Mr. Jones: Consultant X will charge Mr. Jones $375 for an eight-hour day, plus expenses. The approximate cost is $450. In addition, Mr. Jones spends eight hours of his time or about $200 while working with his consultant.

     Consultant X assists Mr. Jones in beginning to understand outcomes evaluations, develops policies and procedures for outcomes evaluation, and recommends some forms for use.

     Administrative costs for Mr. Jones to ensure policy/procedure development is accurate, and that he has a documentation process: Four hours @ $25=$100 which is incurred when developing or updating program descriptions.

     Administrative costs for Mr. Jones to determine which standardized or customized evaluation forms he will use: Four hours @ $25=$100.

     Mr. Jones then determines that he will conduct staff orientation and training based upon new information, which is the policies and procedures developed with the help of a consultant, and he will distribute copies of the forms he has chosen to use for evaluation. Mr. Jones schedules a four hour training with the staff members. He will use a total of twelve hours of his CDPs' time @ $12 per hour, or $144, plus $100 of his time, and another $75 for reception and bookkeeping time, for a total of $319.

     The estimated total cost for hiring a consultant to provide Mr. Jones with orientation, preparing policies and procedures, selecting tools to use, and staff orientation is $1,169.

     Mr. Jones then develops his plan to administer the questionnaire he has chosen to use from the public domain. He was not required to pay for this tool since it is in the public domain. He selected a tool that will provide him with some measures of effectiveness, efficiency, and patient satisfaction.

     His staff members (CDPs) will give the questionnaire to patients to complete during the patients' intake session. For that reason, there is no staff cost associated with this function. Mr. Jones will ask his receptionist to develop a manual checklist/spreadsheet so she can begin recording patient satisfaction measures concurrently. The effectiveness measures will be placed in the patient record until selected for post treatment analysis. The receptionist will enter data from fifty questionnaires (patient satisfaction information) at an estimated cost of $25 (three hours). Questionnaires will be distributed to patients completing intensive outpatient and outpatient treatment as determined by Mr. Jones. Questionnaires will be distributed to patients during discharge interviews with their primary CDP. Therefore, costs will not increase since patients currently participate in a discharge interview.

     At six months, Mr. Jones' receptionist will mail out thirty post discharge questionnaires at an estimated cost of $30. Ten questionnaires are returned to the agency, in self-addressed stamped envelopes provided by the agency.

     Total estimated costs for data tabulation of patient satisfaction measures and mailing thirty post treatment questionnaires is $55.

     Mr. Jones will then evaluate, tabulate, and develop a written summary of the outcomes evaluation questionnaires received.

     Administrative costs for evaluation of data, report preparation, and utilization of results: Six hours @ $25=$150.

     Mr. Jones determines that he will share the positive results and opportunities for improvement at his next regularly scheduled staff meeting. Since Mr. Jones conducts routine staff meetings, his costs are assumed in this model.

     The final cost factor includes the cost of printing questionnaires. Since Mr. Jones selected an evaluation tool, which consisted of two sheets of paper, he can reproduce a questionnaire for about five cents. He uses one hundred twenty questionnaires per year so his estimated printing costs will be about $6 per year.

     Total estimated costs for initial implementation of outcomes evaluation at Agency A is $1,169. Annual, on-going costs to maintain outcomes evaluation are $211 per year.

     Cost Assumptions: Plan B.

     If Mr. Jones considered the initial costs of hiring a consultant to help him design questions to implement outcomes evaluation, he could recommend the Department of Social and Health Services (DSHS), Division of Alcohol and Substance Abuse (DASA) develop a plan to reduce his costs. Note: Some of these are ways that DASA can mitigate costs.

     Mr. Jones could recommend that DASA hire a consultant to develop policies, procedures, and written plans that would meet the requirements for outcomes evaluations. He could request that DASA gather copies of all public domain questionnaires at the national level for consideration by certified agencies. He might recommend DASA develop policies and procedures in an electronic format that could be sent to Mr. Jones on his e-mail system.

     Mr. Jones could also recommend that DASA invest in training agency administrators, clinical staff members, and other interested persons about outcomes evaluation. DASA could conduct training state-wide, begin offering technical assistance about outcomes evaluation during routine on-site technical assistance surveys, and provide training at annual conferences.

     Therefore, Mr. Jones could reduce expenses significantly. He would save $450 of consultant time, $100 in preparing policies and procedures, and $100 in selecting questionnaires. He would pay a small fee to attend DASA sponsored training of about $25. His initial costs for implementing outcomes evaluation would decrease to $571 and estimated annual costs of $211 to maintain outcomes evaluation. Based upon the total number of patients at his agency, he could determine that it would cost about $2.86 per patient to implement outcomes evaluation and about $1.06 per patient per year to maintain outcomes evaluation.

     To fully realize the benefits of an outcomes evaluation program at Agency A, Mr. Jones might also recommend that DASA consider a phase-in process for chapter 388-805 WAC. He could recommend that DASA provide training, policy/procedure development during the first year of implementation, while deferring data collection until the second year. Mr. Jones might also consider enrollment in the TARGET system as another method to collect data and ask DASA for computer software to implement this data collection system.

A copy of the statement may be obtained by writing to Dennis W. Malmer, Division of Alcohol and Substance Abuse, P.O. Box 45331, Olympia, WA 98504-5331, phone (360) 438-8086, fax (360) 407-5318, Internet e-mail malmedw@dshs.wa.gov.

RCW 34.05.328 applies to this rule adoption. A copy of the cost benefit analysis may be obtained by contacting the person listed above.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on August 22, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Fred Swenson by August 11, 2000, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by August 22, 2000.

Date of Intended Adoption: No sooner than August 23, 2000.

June 13, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

These rules describe the standards and processes necessary to be a certified chemical dependency treatment program. The rules have been adopted under the authority and purposes of the following chapters of law.

     (1) Chapter 10.05 RCW, Deferred prosecution--Courts of limited jurisdiction;

     (2) Chapter 46.61 RCW, Rules of the road;

     (3) Chapter 49.60 RCW, Discrimination--Human rights commission;

     (4) Chapter 70.96A RCW, Treatment for alcoholism, intoxication and drug addiction; and

     (5) Chapter 74.50 RCW, Alcoholism and Drug Addiction Treatment and Support Act (ADATSA).

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"Added service" means the adding of certification for chemical dependency levels of care to an existing certified agency at an approved location.

     "Addiction counseling competencies" means the knowledge, skills, and attitudes of chemical dependency counselor professional practice as described in Technical Assistance Publication No. 21, Center for Substance Abuse Treatment, Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services 1998.

     "Administrator" means the person designated responsible for the operation of the certified treatment service.

     "Adult" means a person eighteen years of age or older.

     "Alcoholic" means a person who has the disease of alcoholism.

     "Alcoholism" means a primary, chronic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. The disease is often progressive and fatal. It is characterized by impaired control over drinking, preoccupation with the drug alcohol, use of alcohol despite adverse consequences, and distortions in thinking, most notably denial. Each of these symptoms may be continuous or periodic.

     "Approved supervisor" means a person who meets the education and experience requirements described in WAC 246-811-030 and 246-811-045 through 246-811-049 and who is available to the person being supervised.

     "Authenticated" means written, permanent verification of an entry in a patient treatment record by an individual, by means of an original signature including first initial, last name, and professional designation or job title, or initials of the name if the file includes an authentication record, and the date of the entry. If patient records are maintained electronically, unique electronic passwords, biophysical or passcard equipment are acceptable methods of authentication.

     "Authentication record" means a document that is part of a patient's treatment record, with legible identification of all persons initialing entries in the treatment record, and includes:

     (1) Full printed name;

     (2) Signature including the first initial and last name; and

     (3) Initials and abbreviations indicating professional designation or job title.

     "Bloodborne pathogens" means pathogenic microorganisms that are present in human blood and can cause disease in humans. The pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

     "Branch site" means a physically separate certified site where qualified staff provides a certified treatment service, governed by a parent organization. The branch site is an extension of a certified provider's services to one or more sites.

     "Certified treatment service" means a discrete program of chemical dependency treatment offered by a service provider who has a certificate of approval from the department of social and health services, as evidence the provider meets the standards of chapter 388-805 WAC.

     "Change in ownership" means one of the following conditions:

     (1) When the ownership of a certified chemical dependency treatment provider changes from one distinct legal entity (owner) to a distinct other;

     (2) When the type of business changes from one type to another; or

     (3) When the current ownership takes on a new owner of five percent or more of the organizational assets.

     "Chemical dependency" means a person's alcoholism or drug addiction or both.

     "Chemical dependency counseling" means face-to-face individual or group contact using therapeutic techniques that are:

     (1) Led by a chemical dependency professional (CDP), or CDP trainee under direct supervision of a CDP;

     (2) Directed toward patients and others who are harmfully affected by the use of mood-altering chemicals or are chemically dependent; and

     (3) Directed toward a goal of abstinence for chemically dependent persons.

     "Chemical dependency professional" means a person certified as a chemical dependency professional by the Washington state department of health under chapter 18.205 RCW.

     "Child" means a person less than eighteen years of age, also known as adolescent, juvenile, or minor.

     "County coordinator" means the person designated by the chief executive officer of a county to carry out administrative and oversight responsibilities of the county chemical dependency program.

     "Criminal background check" means a search by the Washington state patrol for any record of convictions or civil adjudication related to crimes against children or other persons, including developmentally disabled and vulnerable adults, per RCW 43.43.830 through 43.43.842 relating to the Washington state patrol.

     "Danger to self or others," for purposes of WAC 388-805-520, means a youth who resides in a chemical dependency treatment agency and creates a risk of serious harm to the health, safety, or welfare to self or others. Behaviors considered a danger to self or others include:

     (1) Suicide threat or attempt;

     (2) Assault or threat of assault; or

     (3) Attempt to run from treatment, potentially resulting in a dangerous or life-threatening situation.

     "Department" means the Washington state department of social and health services.

     "Detoxification" or "detox" means care and treatment of a person while the person recovers from the transitory effects of acute or chronic intoxication or withdrawal from alcohol or other drugs.

     "Disability, a person with" means a person whom:

     (1) Has a physical or mental impairment that substantially limits one or more major life activities of the person;

     (2) Has a record of such an impairment; or

     (3) Is regarded as having such an impairment.

     "Discrete treatment service" means a chemical dependency treatment service that:

     (1) Provides distinct chemical dependency supervision and treatment separate from any other services provided within the facility;

     (2) Provides a separate treatment area for ensuring confidentiality of chemical dependency treatment services; and

     (3) Has separate accounting records and documents identifying the provider's funding sources and expenditures of all funds received for the provision of chemical dependency treatment services.

     "Domestic violence" means:

     (1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members;

     (2) Sexual assault of one family or household member by another;

     (3) Stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member; or

     (4) As defined in RCW 10.99.020, RCW 26.50.010, or other Washington state statutes.

     "Drug addiction" means a primary, chronic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. The disease is often progressive and fatal. Drug addiction is characterized by impaired control over use of drugs, preoccupation with drugs, use of a drug despite adverse consequences, and distortions in thinking, most notably denial. Each of these symptoms may be continuous or periodic.

     "Essential requirement" means a critical element of chemical dependency treatment services that must be present in order to provide effective treatment.

     "First steps" means a program available across the state for low-income pregnant women and their infants. First steps provides maternity care for pregnant and postpartum women and health care for infants and young children.

     "Governing body" means the legal entity responsible for the operation of the chemical dependency treatment service.

     "HIV/AIDS brief risk intervention (BRI)" means an individual face-to-face interview with a client or patient, to help that person assess personal risk for HIV/AIDS infection and discuss methods to reduce infection transmission.

     "HIV/AIDS education" means education, in addition to the brief risk intervention, designed to provide a person with information regarding HIV/AIDS risk factors, HIV antibody testing, HIV infection prevention techniques, the impact of alcohol and other drug use on risks and the disease process, and trends in the spread of the disease.

     "Medical practitioner" means a physician, advanced registered nurse practitioner (ARNP), or certified physician's assistant. ARNPs and midwives with prescriptive authority may perform practitioner functions related only to indicated specialty services.

     "Misuse" means use of alcohol or other drugs by a person in:

     (1) Violation of any law; or

     (2) Breach of agency policies relating to the drug-free work place.

     "Off-site treatment" means provision of chemical dependency treatment by a certified provider at a location where treatment is not the primary purpose of the site; such as in schools, hospitals, or correctional facilities.

     "Opiate substitution treatment agency" means an organization that administers or dispenses an approved drug as specified in 212 CFR Part 291 for treatment or detoxification of opiate substitution. The agency is:

     (1) Approved by the Federal Food and Drug Administration;

     (2) Registered with the Federal Drug Enforcement Administration;

     (3) Registered with the State Board of Pharmacy;

     (4) Licensed by the county in which it operates; and

     (5) Certified as an opiate substitution treatment agency by the department.

     "Outcomes evaluation" means a system for determining the effectiveness and efficiency of results achieved by patients during or following service delivery, and patient satisfaction with those results for the purpose of program improvement.

     "Patient" is a person receiving chemical dependency treatment services from a certified program.

     "Patient contact" means time spent with a client or patient to do assessments, individual or group counseling, or education.

     "Patient placement criteria (PPC)" means admission, continued service, and discharge criteria found in the Patient Placement Criteria for the Treatment of Substance-Related Disorders as published and revised by the American Society of Addiction Medicine (ASAM).

     "Probation assessment officer (PAO)" means a person employed at a certified district or municipal court probation assessment service that meets the PAO requirements of WAC 388-805-220.

     "Probation assessment service" means a certified assessment service offered by a misdemeanant probation department or unit within a county or municipality.

     "Progress notes" are a permanent record of ongoing assessments of a patient's participation in and response to treatment, and progress in recovery.

     "Qualified personnel" means trained, qualified staff, consultants, trainees, and volunteers who meet appropriate legal, licensing, certification, and registration requirements.

     "Registered counselor" means a person registered, or certified by the state department of health as required by chapter 18.19 RCW.

     "Relocation" means change in location from one office space to a new office space, or moving from one office building to another.

     "Remodeling" means expansion of existing office space to additional office space at the same address, or remodeling of interior walls and space within existing office space.

     "Restraint," for purposes of WAC 388-805-520, means the use of methods, by a trained staff person, to prevent or limit free body movement in case of out-of-control behavior.

     "Restraint" includes:

     (1) Containment or seclusion in an unlocked quiet room;

     (2) Physical restraint, meaning a person physically holds or restricts another person in a safe manner for a short time in an immediate crisis; or

     (3) Use of a safe and humane apparatus, which the person cannot release by oneself.

     "Service provider" or "provider" means a legally operated entity certified by the department to provide chemical dependency services. The components of a service provider are:

     (1) Legal entity/owner;

     (2) Facility; and

     (3) Staff and services.

     "Sexual abuse" means sexual assault, incest, or sexual exploitation.

     "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

     (1) Submission to such conduct is made either explicitly or implicitly a term or condition of employment or treatment; or

     (2) Such conduct interferes with work performance or creates an intimidating, hostile, or offensive work or treatment environment.

     "Substance abuse" means a recurring pattern of alcohol or other drug use that substantially impairs a person's functioning in one or more important life areas, such as familial, vocational, psychological, physical, or social.

     "Summary suspension" means an immediate suspension of certification, per RCW 34.05.422(4), by the department pending administrative proceedings for suspension, revocation, or other actions deemed necessary by the department.

     "Supervision" means:

     (1) Regular monitoring of the administrative, clinical, or clerical work performance of a staff member, trainee, student, volunteer, or employee on contract by a person with the authority to give directions and require change; and

     (2) "Direct supervision" means the supervisor is on the premises and available for immediate consultation.

     "Suspend" means termination of the department's certification of a provider's treatment services for a specified period or until specific conditions have been met and the department notifies the provider of reinstatement.

     "Treatment services" means the broad range of emergency, detoxification, residential, and outpatient services and care. Treatment services include diagnostic evaluation, chemical dependency education, individual and group counseling, medical, psychiatric, psychological, and social services, vocational rehabilitation and career counseling that may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other drugs, and intoxicated persons.

     "Urinalysis" means analysis of a patient's urine sample for the presence of alcohol or controlled substances by a licensed laboratory or a provider who is exempted from licensure by the department of health:

     (1) "Negative urine" is a urine sample in which the lab does not detect specific levels of alcohol or other specified drugs; and

     (2) "Positive urine" is a urine sample in which the lab confirms specific levels of alcohol or other specified drugs.

     "Vulnerable adult" means a person who lacks the functional, mental, or physical ability to care for oneself.

     "Young adult" means an adult who is eighteen, nineteen, or twenty years old.

     "Youth" means a person seventeen years of age or younger.

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(1) The department certifies the following types of chemical dependency services:

     (a) Detoxification services, which assist patients in withdrawing from alcohol and other drugs including:

     (i) Acute detox, which provides medical care and physician supervision for withdrawal from alcohol or other drugs; and

     (ii) Sub-acute detox, which is nonmedical detoxification or patient self-administration of withdrawal medications ordered by a physician, provided in a home-like environment.

     (b) Residential treatment services, which provide chemical dependency treatment for patients and include room and board in a twenty-four-hour-a-day supervised facility, including:

     (i) Intensive inpatient, a concentrated program of individual and group counseling, education, and activities for detoxified alcoholics and addicts, and their families;

     (ii) Recovery house, a program of care and treatment with social, vocational, and recreational activities to aid in patient adjustment to abstinence and to aid in job training, employment, or other types of community activities; and

     (iii) Long-term treatment, a program of treatment with personal care services for chronically impaired alcoholics and addicts with impaired self-maintenance capabilities. These patients need personal guidance to maintain abstinence and good health.

     (c) Outpatient treatment services, which provide chemical dependency treatment to patients less than twenty-four hours a day, including:

     (i) Intensive outpatient, a concentrated program of individual and group counseling, education, and activities for detoxified alcoholics and addicts and their families;

     (ii) Outpatient, individual and group treatment services of varying duration and intensity according to a prescribed plan; and

     (iii) Opiate substitution outpatient treatment, which meets both outpatient and opiate substitution treatment service requirements.

     (d) Assessment services, which include:

     (i) ADATSA assessments, alcohol and other drug assessments of clients seeking financial assistance from the department due to the incapacity of chemical dependency. Services include assessment, referral, case monitoring, and assistance with employment; and

     (ii) DUI assessments, diagnostic services requested by the courts to determine a client's involvement with alcohol and other drugs and to recommend a course of action.

     (e) Information and assistance services, which include:

     (i) Alcohol and drug information school, an education program about the use and abuse of alcohol and other drugs, for persons referred by the courts and others, who do not present a significant chemical dependency problem, to help those persons make informed decisions about the use of alcohol and other drugs;

     (ii) Information and crisis services, response to persons having chemical dependency needs, by phone or in person;

     (iii) Emergency service patrol, assistance provided to intoxicated persons in the streets and other public places;

     (iv) Treatment alternatives to street crime (TASC), is a referral and case management service. TASC providers furnish a link between the criminal justice system and the treatment system. TASC identifies, assesses, and refers appropriate alcohol and other drug dependent offenders to community-based substance abuse treatment and monitors the outcome for the court.

     (2) The department may certify a provider for more than one of the services listed under subsection (1) of this section when the provider complies with the specific requirements of the selected services.

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(1) A potential new chemical dependency service provider, otherwise referred to as applicant, seeking certification for one or more services, as described under WAC 388-805-010, must:

     (a) Request from the department an application packet of information on how to become a certified chemical dependency service provider; and

     (b) Obtain a license as a residential treatment facility from the department of health, if planning to offer residential services.

     (2) The applicant must submit a completed application to the department that includes:

     (a) If the applicant is a sole provider: the name and address of the applicant, and a statement of sole proprietorship;

     (b) If the applicant is a partnership: the name and address of every partner, and a copy of the written partnership agreement;

     (c) If the applicant is a limited liability company: the name and addresses of its officers, and any owner of five percent or more of the organizational assets, and a copy of the certificate of formation issued by the state of Washington, secretary of state;

     (d) If the applicant is a corporation: the names and addresses of its officers, board of directors and trustees, and any owner of five percent or more or the organizational assets, and a copy of the corporate articles of incorporation and bylaws;

     (e) A copy of the Master Business License authorizing the organization to do business in Washington state;

     (f) The Social Security Number or Federal Employer Identification Number for the governing organization or person;

     (g) The name of the individual administrator under whose management or supervision the services will be provided;

     (h) A copy of the report of findings from a criminal background check of any owner of five percent or more of the organizational assets and the administrator;

     (i) Additional disclosure statements or background inquiries if the department has reason to believe that offenses, specified under RCW 43.43.830, have occurred since completion of the original application;

     (j) The physical location of the facility where services will be provided including, in the case of a location known only by postal route and box numbers, and the street address;

     (k) A plan of the premises assuring the chemical dependency treatment service is discrete from other programs, indicating capacities of the location for the proposed uses;

     (l) Floor plan showing use of each room and location of:

     (i) Windows and doors;

     (ii) Restrooms;

     (iii) Floor to ceiling walls;

     (iv) Areas serving as confidential counseling rooms;

     (v) Other therapy and recreation areas and rooms;

     (vi) Confidential patient records storage; and

     (vii) Sleeping rooms, if a residential facility.

     (m) A completed facility accessibility self-evaluation form;

     (n) Policy and procedure manuals specific to the agency at the proposed site, and meet the manual requirements described later in this regulation, including the:

     (i) Administrative manual;

     (ii) Personnel manual; and

     (iii) Clinical manual.

     (o) Sample patient records for each treatment service applied for; and

     (p) Evidence of sufficient qualified staff to deliver services.

     (3) The agency owner or legal representative must:

     (a) Sign the completed application form and submit the original to the department;

     (b) Send a copy of the completed application form to the county coordinator in the county where services will be provided;

     (c) Submit the application fee with the application materials; and

     (d) Report any changes occurring during the certification process.

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(1) A certified chemical dependency service provider applying for a branch site or an additional certified service must request an abbreviated application packet from the department.

     (2) The applicant must submit an abbreviated application, including:

     (a) The name of the individual administrator providing management or supervision of the services;

     (b) A written declaration that a current copy of the agency policy and procedure manual will be maintained at the branch site and that the manual has been revised to accommodate the differences in business and clinical practices at that site;

     (c) An organization chart, showing the relationship of the branch to the main organization, job titles, and lines of authority;

     (d) Evidence of sufficient qualified staff to deliver services at the branch site; and

     (e) Evidence of meeting the requirements of:

     (i) WAC 388-805-015 (1)(b);

     (ii) WAC 388-805-015 (2)(h) through (2)(l) and (m); and

     (iii) WAC 388-805-015(3).

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In addition to WAC 388-805-015 or 388-805-020 requirements, a potential opiate substitution treatment service provider must submit to the department:

     (1) Evidence of licensure from the county served, or evidence the county has authorized a specific certified agency to provide opiate substitution treatment, per RCW 70.96A.400 through 70.96A.420.

     (2) A copy of the registration certificate from the Washington state board of pharmacy.

     (3) A copy of the application to the Federal Drug Enforcement Administration.

     (4) A copy of the application to the Federal Food and Drug Administration.

     (5) Policies and procedures identified under WAC 388-805-700 through 388-805-750.

     (6) Certification for opiate substitution treatment is contingent on the concurrent approval by the applicable county, state, and federal regulatory authorities.

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The department must conduct an on-site examination of each new nonresidential applicant's facility or branch facility. The department must determine if the applicant's facility is:

     (1) Substantially as described.

     (2) Suitable for the purposes intended.

     (3) Not a personal residence.

     (4) Approved as meeting all building and safety requirements.

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The department must consider the ability of each person named in the application to operate in accord with this chapter before the department grants or renews certification of a chemical dependency service.

     (1) The department must deny an applicant's certification when any of the following conditions occurred and was not satisfactorily resolved, or when any owner or administrator:

     (a) Had a license or certification for a chemical dependency treatment service or health care agency denied, revoked, or suspended;

     (b) Was convicted of child abuse or adjudicated as a perpetrator of substantiated child abuse;

     (c) Obtained or attempted to obtain a health provider license, certification, or registration by fraudulent means or misrepresentation;

     (d) Committed, permitted, aided, or abetted the commission of an illegal act or unprofessional conduct as defined under chapter 18.130.180 RCW;

     (e) Demonstrated cruelty, abuse, negligence, misconduct, or indifference to the welfare of a patient or displayed acts of discrimination;

     (f) Misappropriated patient property or resources;

     (g) Failed to meet financial obligations or contracted service commitments that affect patient care;

     (h) Has a history of noncompliance with state or federal regulations in an agency with which the applicant has been affiliated;

     (i) Knowingly, or with reason to know, made a false statement of fact or failed to submit necessary information in:

     (i) The application or materials attached; and

     (ii) Any matter under department investigation.

     (j) Refused to allow the department access to records, files, books, or portions of the premises relating to operation of the chemical dependency service;

     (k) Willfully interfered with the preservation of material information or attempted to impede the work of an authorized department representative;

     (l) Is in violation of any provision of chapter 70.96A RCW; or

     (m) Does not meet criminal background check requirements.

     (2) The department may deny certification when an applicant:

     (a) Fails to provide satisfactory application materials; or

     (b) Advertises itself as certified when certification has not been granted, or has been revoked or canceled.

     (3) The applicant may appeal department decisions in accord with chapter 34.05 RCW, the Washington Administrative Procedure Act and chapter 388-02 WAC.

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(1) The department may grant an applicant initial certification after a review of application materials and an on-site visit confirms the applicant has the capacity to operate in compliance with this chapter.

     (2) A provider's failure to meet and maintain conditions of the initial certification may result in suspension of certification.

     (3) An initial certificate of approval may be issued for up to one year.

     (4) The provider must post the certificate in a conspicuous place on the premises.

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(1) The department may grant an exemption from compliance with specific requirements in this WAC chapter when a provider submits an exemption request in writing. The provider must assure the exemption request does not:

     (a) Jeopardize the safety, health, or treatment of patients; and

     (b) Impede fair competition of another service provider.

     (2) Providers must submit a signed letter requesting the exemption to the Supervisor, Certification Section, Division of Alcohol and Substance Abuse, P.O. Box 45331, Olympia, WA 98504-5331.

     (3) The department must approve or deny all exemption requests in writing.

     (4) The department and the provider must maintain a copy of the decision.

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(1) The department must set fees to be charged for certification.

     (2) Providers must pay certification fees:

     (a) At the time of application. One-half of the application fee may be refunded if an application is withdrawn before certification or denial; and

     (b) Within thirty days of receiving an invoice.

     (3) Payment must be made by check, draft, or money order made payable to the department of social and health services.

     (4) Fees will not be refunded when certification is denied, revoked, or suspended.

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(1) Application fees:

(a) New agency	$500
(b) Branch agency	$500
(c) Application for adding one or more services	$200
(d) Change in ownership	$500

     (2) Initial and annual certification fees:

(a) For detoxification and residential services:	$26 per licensed bed
(b) For nonresidential services:
(i) Large size agencies: 3,000 or more clients served per year	$1,125 per year
(ii) Medium size agencies: 1,000-2,999 clients served per year	$750 per year
(iii) Small size agencies: 0-999 clients served per year	$375 per year
(c) For agencies certified through deeming per WAC 388-805-0115	$200 per year

     (3) Each year providers must complete a declaration form provided by the department indicating the number of patients served annually, the provider's national accreditation status, and other information necessary for establishing fees and updating certification information.

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(1) Certification fees may be waived when the fees would not be in the interest of public health and safety, or when the fees would be to the financial disadvantage of the state.

     (2) Providers may submit a letter requesting a waiver of fees to the Supervisor, Certification Section, Division of Alcohol and Substance Abuse, P.0. Box 45331, Olympia, Washington, 98504-5331.

     (3) Fee waivers may be granted to qualified providers who receive funding from tribal, federal, state or county government resources as follows:

     (a) For residential providers: The twenty-six dollar per bed annual fee will be assessed only for those beds not funded by a governmental source;

     (b) For nonresidential providers: The amount of the fee waiver must be determined by the percent of the provider's revenues that come from governmental sources, according to the following schedule:

Percent Government Revenues	90-100%	75-89%	50-74%	0-49%
Small agency	No fee	$90	$185	$375
Medium agency	No fee	$185	$375	$750
Large agency	No fee	$285	$565	$1,125

     (4) Requests for fee waiver must be mailed to the department and include the following:

     (a) The reason for the request;

     (b) For residential providers:

     (i) Documentation of the number of beds currently licensed by the department of health;

     (ii) Documentation showing the number of beds funded by a government entity including, tribal, federal, state or county government sources.

     (c) For nonresidential providers:

     (i) Documentation of the number of clients served during the previous twelve-month period;

     (ii) Documentation showing the amount of government revenues received during the previous twelve-month period;

     (iii) Documentation showing the amount of private revenues received during the previous twelve-month period.

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Certificates are effective for one year from the date of issuance unless:

     (1) The department has taken action for noncompliance under WAC 388-805-065, 388-805-125, or 388-805-130; or

     (2) The provider does not pay required fees.

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(1) A service provider's continued certification and renewal is contingent upon:

     (a) Completion of an annual declaration of certification; and

     (b) Payment of certification fees, if applicable.

     (2) Providing the essential requirements for chemical dependency treatment, including the following elements:

     (a) Treatment process:

     (i) Assessments, as described in WAC 388-805-310;

     (ii) Treatment planning, as described in WAC 388-805-315 (2)(a) and 388-805-325(11);

     (iii) Documenting patient progress, as described in WAC 388-805-315 (1)(c) and 388-805-325(13);

     (iv) Treatment plan reviews and updates, as described in WAC 388-805-315 (2)(b), 388-805-325 (11)(g) and 388-805-325 (13)(c);

     (v) Patient compliance reports, as described in WAC 388-805-315 (4)(b), 388-805-325(17), and 388-805-330;

     (vi) Continuing care, and discharge planning, as described in WAC 388-805-315 (2)(e)(f) and (7), and 388-805-325 (18) and (19).

     (b) Staffing: Provide sufficient qualified personnel for the care of patients as described in WAC 388-805-140(4) and 388-805-145(4);

     (c) Facility:

     (i) Provide sufficient facilities, equipment, and supplies for the care and safety of patients as described in WAC 388-805-140 (4) and (5);

     (ii) If a residential provider, be licensed by the department of health as described by WAC 388-805-015 (1)(b).

     (3) Findings during periodic on-site surveys and complaint investigations to determine the provider's compliance with this chapter. During on-site surveys and complaint investigations, provider representatives must cooperate with department representatives to:

     (a) Examine any part of the facility at reasonable times and as needed;

     (b) Review and evaluate records, including patient clinical records, personnel files;

     policies, procedures, fiscal records, data, and other documents as the department requires to determine compliance; and

     (c) Conduct individual interviews with patients and staff members.

     (4) The provider must post the notice of a scheduled department on-site survey in a conspicuous place accessible to patients and staff.

     (5) The provider must correct compliance deficiencies found at such surveys immediately or as agreed by a plan of correction approved by the department.

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(1) When a certified chemical dependency service provider plans a change in ownership, the current service provider must submit a change in ownership application form sixty or more days before the proposed date of ownership change.

     (2) The current provider must include the following information with the application:

     (a) Name and address of each new prospective owner of five percent or more of the organizational assets as required by WAC 388-805-015 (2)(a) through (d);

     (b) Current and proposed name (if applicable) of the affected;

     (c) Date of the proposed transaction;

     (d) A copy of the transfer agreement between the outgoing and incoming owner(s);

     (e) If a corporation, the names and addresses of the proposed responsible officers or partners;

     (f) A statement regarding the disposition and management of patient records, as described under 42 CFR, Part 2 and WAC 388-805-320; and

     (g) A copy of the report of findings from a criminal background check of any new owner of five percent or more of the organizational assets and new administrator when applicable.

     (3) The department must determine which, if any, WAC 388-805-015 or 388-805-020 requirements apply to the potential new service provider, depending on the extent of ownership and operational changes.

     (4) The department may grant certification to the new owner when the new owner:

     (a) Successfully completes the application process; and

     (b) Ensures continuation of compliance with rules of this chapter and implementation of plans of correction for deficiencies relating to this chapter, when applicable.

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When a certified chemical dependency service provider plans to relocate or change the physical structure of a facility in a manner that affects patient care, the provider must:

     (1) Submit a completed agency relocation approval request form, or a request for approval in writing if remodeling, sixty or more days before the proposed date of relocation or change.

     (2) Submit a sample floor plan that includes information identified under WAC 388-805-015 (2)(f) through (k).

     (3) Submit a completed facility accessibility self-evaluation form.

     (4) Provide for department examination of nonresidential premises before approval, as described under WAC 388-805-060.

     (5) Contact the department of health for approval before relocation or remodel if a residential treatment facility.

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(1) The department must deem accreditation by a national chemical dependency accreditation body, recognized by the department, if the treatment provider was initially certified by the department and when:

     (a) A major portion of the national accreditation body requirements meet or exceed chapter 388-805 WAC requirements;

     (b) The national accreditation time intervals meet or exceed state expectations;

     (c) The provider notifies the department of scheduled on-site surveys;

     (d) The provider promptly sends a copy of survey findings, corrective action plans, and follow-up responses to the department; and

     (e) WAC 388-805-001 through 388-805-135 continue to apply at all times.

     (2) The department may apply an abbreviated department survey, which includes requirements specific to Washington state at its regular certification intervals.

     (3) The department must act upon:

     (a) Complaints received; and

     (b) Deficiencies cited by the national accreditation body for which there is no evidence of correction.

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(1) When the department determines that a service provider fails to comply with provider entry requirements or ongoing requirements of this chapter, the department may:

     (a) Assess fees to cover costs of added certification activities;

     (b) Cease referrals of new patients who are recipients of state or federal funds; and

     (c) Notify the county alcohol and drug coordinator and local media of ceased referrals, involuntary cancellations, suspensions, revocations, or nonrenewal of certification.

     (2) When the department determines a service provider knowingly failed to report to the court a patient's noncompliance with treatment ordered by the court under chapter 46.61 RCW, the department must assess the provider a fine of two hundred fifty dollars for each incident of nonreporting.

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The department may cancel a provider's certification if the provider:

     (1) Ceases to provide services for which the provider is certified.

     (2) Voluntarily cancels certification.

     (3) Fails to submit required certification fees.

     (4) Changes ownership without prior notification and approval.

     (5) Relocates without prior notification and approval.

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(1) The department must suspend or revoke a provider's certification when a disqualifying situation described under WAC 388-805-065 applies to a current service provider.

     (2) The department must revoke a provider's certification when the provider knowingly failed to report to the court, within a continuous twelve-month period, three incidents of patient noncompliance with treatment ordered by the court under chapter 46.61 RCW.

     (3) The department may suspend or revoke a provider's certification when any of the following provider deficiencies or circumstances occur:

     (a) A provider fails to provide the essential requirements of chemical dependency treatment as described in WAC 388-805-100(2), and one or more of the following conditions occur:

     (i) Violation of a rule threatens or results in harm to a patient;

     (ii) A reasonably prudent provider should have been aware of a condition resulting in significant violation of a law or rule;

     (iii) A provider failed to investigate or take corrective or preventive action to deal with a suspected or identified patient care problem;

     (iv) Noncompliance occurs repeatedly in the same or similar areas;

     (v) There is an inability to attain compliance with laws or rules within a reasonable period of time.

     (b) The provider fails to submit an acceptable and timely plan of correction for cited deficiencies; or

     (c) The provider fails to correct cited deficiencies.

     (4) The department may suspend certification upon receipt of a providers written request. Providers requesting voluntary suspension must submit a written request for reinstatement of certification within one year from the effective date of the suspension. The department will review the request for reinstatement, determine if the provider is able to operate in compliance with certification requirements, and notify the provider of the results of the review for reinstatement.

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(1) In case of involuntary certification cancellation, suspension, or revocation of the certification, or a penalty for noncompliance, the department must:

     (a) Notify the service provider and the county coordinator of any action to be taken; and

     (b) Inform the provider of pre-hearing and dispute conferences, hearing, and appeal rights under chapter 388-02 WAC.

     (2) The department may order a summary suspension of the provider's certification pending completion of the appeal process when the preservation of public health, safety, or welfare requires emergency action.

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The provider's governing body, legally responsible for the conduct and quality of services provided, must:

     (1) Appoint an administrator responsible for the day-to-day operation of the program.

     (2) Maintain a current job description for the administrator including the administrator's authority and duties.

     (3) Establish the philosophy and overall objectives for the treatment services.

     (4) Notify the department within thirty days, of changes of the agency administrator.

     (5) Provide personnel, facilities, equipment, and supplies necessary for the safety and care of patients.

     (6) If a nonresidential provider, ensure:

     (a) Safety of patients and staff; and

     (b) Maintenance and operation of the facility.

     (7) Review and approve written administrative, personnel, and clinical policies and procedures required under WAC 388-805-150, 388-805-200, and 388-805-300.

     (8) Ensure the administration and operation of the agency is in compliance with:

     (a) Chapter 388-805 WAC requirements;

     (b) Applicable federal, state, and local laws and rules; and

     (c) Federal, state, and local licenses, permits, and approvals.

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(1) The administrator is responsible for the day-to-day operation of the certified treatment service, including:

     (a) All administrative matters;

     (b) Patient care services; and

     (c) Meeting all applicable rules and ethical standards.

     (2) When the administrator is not on duty or on call, a staff person must be delegated the authority and responsibility to act in the administrator's behalf.

     (3) The administrator must ensure administrative, personnel, and clinical policy and procedure manuals:

     (a) Are developed and adhered to; and

     (b) Are reviewed and revised as necessary, and at least annually.

     (4) The administrator must employ sufficient qualified personnel to provide adequate chemical dependency treatment, facility security, patient safety and other special needs of patients.

     (5) The administrator must ensure all persons providing counseling services are registered, certified or licensed by the department of health.

     (6) The administrator must ensure full-time chemical dependency professionals (CDPs) or CDP trainees do not exceed one hundred twenty hours of patient contact per month.

     (7) The administrator must assign the responsibilities for a clinical supervisor to a least one person within the organization.

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Each service provider must have and adhere to an administrative manual that contains at a minimum:

     (1) The organization's:

     (a) Articles and certificate of incorporation if the owner is a corporation;

     (b) Partnership agreement if the owner is a partnership; or

     (c) Statement of sole proprietorship.

     (2) The agency's bylaws if the owner is a corporation.

     (3) Copies of a current master license and state business licenses or a current declaration statement that they are updated as required.

     (4) The provider's philosophy on and objectives of chemical dependency treatment with a goal of total abstinence, consistent with RCW 70.96A.011.

     (5) Policies and procedures describing how services will be made sensitive to the needs of each patient, including assurance that:

     (a) Certified interpreters or other acceptable alternatives are available for persons with limited English-speaking proficiency and persons having a sensory impairment; and

     (b) Assistance will be provided to persons with disabilities in case of an emergency.

     (6) A policy addressing special needs and protection for youth and young adults, and for determining whether a youth or young adult can fully participate in treatment, before admission of:

     (a) A youth to a treatment service caring for adults; or

     (b) A young adult to a treatment service caring for youth.

     (7) An organization chart specifying:

     (a) The governing body;

     (b) Each staff position by job title, including volunteers, students, and persons on contract; and    

     (c) The number of full- or part-time persons for each position.

     (8) A delegation of authority policy.

     (9) A copy of current fee schedules.

     (10) Policies and procedures implementing state and federal regulations on patient confidentiality, including provision of a summary of 42 CFR Part 2.22 (a)(1) and (2) to each patient.

     (11) Policies and procedures for reporting suspected child abuse and neglect.

     (12) Policies and procedures for reporting the death of a patient to the department when:

     (a) The patient is in residence; or

     (b) An outpatient dies on the premises.

     (13) Patient grievance policy and procedures.

     (14) Policies and procedures on reporting of incidents and actions taken.

     (15) Smoking policies consistent with the Washington Clean Indoor Air Act, chapter 70.160 RCW.

     (16) For a residential provider, a facility security policy and procedures, including:

     (a) Preventing entry of unauthorized visitors; and

     (b) Use of passes for leaves of patients.

     (17) For a nonresidential provider, an evacuation plan for use in the event of a disaster, addressing:

     (a) Communication methods for patients, staff, and visitors including persons with a visual or hearing impairment or limitation;

     (b) Evacuation of mobility-impaired persons;

     (c) Evacuation of children if child care is offered;

     (d) Different types of disasters;

     (e) Placement of posters showing routes of exit; and

     (f) The need to mention evacuation routes at public meetings.

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(1) The administrator must ensure the treatment service site:

     (a) Is accessible to a person with a disability;

     (b) Has a reception area separate from living and therapy areas;

     (c) Has adequate private space for personal consultation with a patient, staff charting, and therapeutic and social activities, as appropriate;

     (d) Has secure storage of active and closed confidential patient records; and

     (e) Has one private room available if youth are admitted to a detox or residential facility.

     (2) The administrator of a nonresidential facility must ensure:

     (a) Evidence of a current fire inspection approval;

     (b) Facilities and furnishings are kept clean, in good repair;

     (c) Adequate lighting, heating, and ventilation; and

     (d) Separate and secure storage of toxic substances, which are used only by staff or supervised persons.

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The administrator must have and adhere to a personnel manual, which contains policies and procedures describing how the agency:

     (1) Meets the personnel requirements of WAC 388-805-210 through 388-805-260.

     (2) Conducts criminal background checks on its employees in order to comply with the rules specified in RCW 43.43.830 through 43.43.842.

     (3) Provides for a drug free work place which includes:

     (a) A philosophy of nontolerance of illegal drug-related activity;

     (b) Agency standards of prohibited conduct; and

     (c) Actions to be taken in the event a staff member misuses alcohol or other drugs.

     (4) If a nonresidential provider, provides for prevention and control of communicable disease, including specific training and procedures on:

     (a) Bloodborne pathogens, including HIV/AIDS and Hepatitis B;

     (b) Tuberculosis; and

     (c) Other communicable diseases.

     (5) Provides staff orientation prior to assigning unsupervised duties, including orientation to:

     (a) The administrative, personnel and clinical manuals;

     (b) Staff ethical standards and conduct, including reporting of unprofessional conduct to appropriate authorities;

     (c) Staff and patient grievance procedures; and

     (d) The facility evacuation plan.

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(1) The administrator must ensure that there is a current personnel file for each employee, trainee, student, and volunteer, and for each contract staff person who provides or supervises patient care.

     (2) The administrator must designate a person to be responsible for management of personnel files.

     (3) Each person's file must contain:

     (a) A copy of the results of a tuberculin skin test or evidence the person

has completed a course of treatment approved by a physician or local health officer if the results are positive;

     (b) Documentation of training on bloodborne pathogens, including HIV/AIDS and hepatitis B for all employees, volunteers, students, and treatment consultants on contract;

     (i) At the time of staff's initial assignment to tasks where occupational exposure may take place;

     (ii) Annually thereafter for bloodborne pathogens;

     (c) A signed and dated commitment to maintain patient confidentiality in accordance with state and federal confidentiality requirements; and

     (d) A record of an orientation to the agency as described in WAC 388-805-200(5).

     (4) For residential facilities, documentation of current cardiopulmonary resuscitation (CPR) and first aid training for at least one person on each shift.

     (5) Documentation of health department training and approval for any staff administering or reading a TB test.

     (6) Employees who are patients or have been patients of the agency must have personnel records:

     (a) Separate from clinical records; and

     (b) Have no indication of current or previous patient status.

     (7) In addition, each patient care staff member's personnel file must contain:

     (a) Verification of qualifications for their assigned position including:

     (i) For a chemical dependency professional (CDP): A copy of the person's valid CDP certification issued by the department of health (DOH);

     (ii) For approved supervisors: Documentation to substantiate the person meets the qualifications of an approved supervisor as defined in WAC 246-811-010.

     (iii) For other persons providing counseling, a copy of a valid registration, certification, or license issued by the DOH.

     (iv) For probation assessment officers (PAO): Documentation that the person has met the education and experience requirements described in WAC 388-805-220;

     (v) For probation assessment officer trainees:

     (A) Documentation that the person meets the qualification requirements described in WAC 388-805-225; and

     (B) Documentation of the PAO trainee's supervised experience as described in WAC 388-805-230 including an individual education and experience plan and documentation of progress toward completing the plan.

     (vi) For information school instructors:

     (A) A copy of a certificate of completion of an alcohol and other drug information school instructor's training course approved by the department; and

     (B) Documentation of continuing education as specified in WAC 388-805-250.

     (b) A copy of a current job description, signed and dated by the employee and supervisor which includes:

     (i) Job title;

     (ii) Minimum qualifications for the position;

     (iii) Summary of duties and responsibilities;

     (iv) For contract staff, formal agreements or personnel contracts, which describe the nature and extent of patient care services, may be substituted for job descriptions.

     (c) A written performance evaluation for each year of employment:

     (i) Conducted by the immediate supervisor of each staff member; and

     (ii) Signed and dated by the employee and supervisor.

[]

(1) When an administrator decides to provide training opportunities for persons seeking to become chemical dependency professionals (CDP) trainees, the administrator must assign an approved supervisor, as defined in WAC 388-805-005, to each CDP trainee.

     (2) Approved supervisors must provide the CDP trainees assigned to them with documentation substantiating their qualifications as an approved supervisor before the initiation of training.

     (3) Approved supervisors must decrease the hours of patient contact allowed under WAC 388-805-145(6) by twenty percent for each full-time CDP trainee supervised.

     (4) Approved supervisors are responsible for all patients assigned to the CDP trainees under their supervision.

     (5) An approved supervisor must provide supervision to a CDP trainee as required by WAC 246-811-048.

     (6) CDPs must review and co-authenticate all clinical documentation of CDP trainees.

     (7) Approved supervisors must supervise, assess and document the progress the CDP trainees under their supervision are making toward meeting the requirements described in WAC 246-811-030 and 246-811-047. This documentation must be provided to trainees upon request.

[]

A probation assessment officer (PAO), must:

     (1) Be employed as a probation officer at a misdemeanant probation department or unit within a county or municipality;

     (2) Be certified as a chemical dependency professional, or

     (3) Have obtained a bachelor's or graduate degree in a social or health sciences field and have completed twelve quarter or eight semester credits from an accredited college or university in courses that include the following topics:

     (a) Understanding addiction and the disease of chemical dependency;

     (b) Pharmacological actions of alcohol and other drugs;

     (c) Substance abuse and addiction treatment methods;

     (d) Understanding addiction placement, continuing care, and discharge criteria, including ASAM PPC criteria;

     (e) Cultural diversity including people with disabilities and it's implication for treatment;

     (f) Chemical dependency clinical evaluation (screening and referral to include co-morbidity);

     (g) HIV/AIDS brief risk intervention for the chemically dependent;

     (h) Chemical dependency confidentiality;

     (i) Chemical dependency rules and regulations.

     (4) In addition, a PAO must complete:

     (a) Two thousand hours of supervised experience as a PAO trainee in a state-certified DUI assessment service program if a PAO possesses a baccalaureate degree;

     (b) One thousand five hundred hours of experience as a PAO trainee in a state-certified DUI assessment service program if a PAO possesses a masters or higher degree.

     (5) PAOs, must complete fifteen clock hours of continuing education each year in chemical dependency subject areas which will enhance competency as a PAO beginning on January 1 of the year following the year of initial qualification.

     (6) A PAO is grandparented if they were qualified as a PAO by June 30, 2000, under WAC 440-22-240(2).

[]

A probation assessment officer (PAO) trainee must:

     (1) Be employed as a probation officer at a misdemeanant probation department or unit within a county or municipality; and

     (2) Be directly supervised and tutored by a PAO.

[]

(1) Probation assessment officers (PAO) are responsible for all offenders assigned to PAO trainees under their supervision.

     (2) PAO trainee supervisors must:

     (a) Review and co-authenticate all trainee assessments entered in each offender's assessment record;

     (b) Assist the trainee to develop and maintain an individualized education and experience plan (IEEP) designed to assist the trainee in obtaining the education and experience necessary to become a PAO;

     (c) Provide the trainee orientation to the various laws and regulations that apply to the delivery of chemical dependency assessment and treatment services;

     (d) Instruct the trainee in assessment methods and the transdisciplinary foundations described in the addiction counseling competencies;

     (e) Observe the trainee conducting assessments; and

     (g) Document quarterly evaluations of the progress of each trainee.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-805-240
What are the requirements for student practice in treatment agencies?

(1) The treatment provider must have a written agreement with each educational institution using the treatment agency as a setting for student practice.

     (2) The written agreement must describe the nature and scope of student activity at the treatment setting and the plan for supervision of student activities.

     (3) Each student and academic supervisor must sign a confidentiality statement, which the provider must retain.

[]

(1) An information school instructor must:

     (a) Have a certificate of completion of an alcohol and other drug information school instructor's training course approved by the department; and

     (b) Not have a history of alcohol or other drug misuse for two years before being qualified by the department.

     (2) To remain qualified, the information school instructor must:

     (a) Not display misuse of alcohol or other drugs while serving as an information school instructor; and

     (b) Maintain information school instructor status by completing fifteen clock hours of continuing education:

     (i) During each two-year period beginning January of the year following initial qualification; and

     (ii) In subject areas that increase knowledge and skills in training, teaching techniques, curriculum planning and development, presentation of educational material, laws and rules, and developments in the chemical dependency field.

[]

(1) Each volunteer assisting a provider must be oriented as required under WAC 388-805-200(5).

     (2) A volunteer must meet the qualifications of the position to which the person is assigned.

     (3) A volunteer may provide counseling services when the person meets the requirements for a chemical dependency counselor trainee or is a chemical dependency professional.

[]

Each chemical dependency service provider must have and adhere to a clinical manual containing patient care policies and procedures, including:

     (1) How the provider meets WAC 388-805-305 through 388-805-350 requirements.

     (2) How the provider will meet applicable certified service requirements of WAC 388-805-400 through 388-805-840, including a description of each service offered, detailing:

     (a) The number of hours of treatment and education for each certified service; and

     (b) Allowance of up to twenty percent of education time to consist of film or video presentations.

     (3) Identification of resources and referral options so staff can make referrals required by law and as indicated by patient needs.

     (4) Assurance that there is an identified clinical supervisor who:

     (a) Is a chemical dependency professional (CDP);

     (b) Reviews a sample of patient records of each CDP quarterly; and

     (c) Ensures implementation of assessment, treatment, continuing care, transfer and discharge plans in accord with WAC 388-805-315.

     (5) Patient admission and discharge criteria using PPC:

     (a) The administrator must not admit or retain a person unless the person's treatment needs can be met;

     (b) A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must assess and refer each patient to the appropriate treatment service; and

     (c) A person needing detoxification must immediately be referred to a detoxification provider, unless the person needs acute care in a hospital.

     (6) Tuberculosis screening for prevention and control of TB in all detox, residential, and outpatient programs, including:

     (a) Obtaining a history of preventive or curative therapy;

     (b) Screening and related procedures for coordinating with the local health department; and

     (c) Implementing TB control as provided by the department of health TB control program.

     (7) HIV/AIDS information, brief risk intervention, and referral.

     (8) Limitation of group counseling sessions to twelve or fewer patients.

     (9) Counseling sessions with nine to twelve youths to include a second adult staff member.

     (10) Provision of education to each patient on:

     (a) Alcohol, other drugs, and chemical dependency;

     (b) Relapse prevention; and

     (c) HIV/AIDS, hepatitis, and TB.

     (11) Provision of education or information to each patient on:

     (a) The impact of chemical use during pregnancy, risks to the fetus, and the importance of informing medical practitioners of chemical use during pregnancy;

     (b) Emotional, physical, and sexual abuse; and

     (c) Nicotine addiction.

     (12) An outline of each lecture and education session included in the service, sufficient in detail for another trained staff person to deliver the session in the absence of the regular instructor.

     (13) Assigning of work to a patient by a CDP when the assignment:

     (a) Is part of the treatment program; and

     (b) Has therapeutic value.

     (14) Use of self-help groups.

     (15) Patient rules and responsibilities, including disciplinary sanctions for noncomplying patients.

     (16) If youth are admitted, a policy and procedure for assessing the need for referral to child welfare services.

     (17) Implementation of the deferred prosecution program.

     (18) Policy and procedures for reporting status of persons convicted under chapter 46.61 RCW to the department of licensing.

     (19) Nonresidential providers must have policies and procedures on:

     (a) Medical emergencies;

     (b) Suicidal and mentally ill patients;

     (c) Medical oversight, including provision of a physical examination by a medical practitioner, on a person who:

     (i) Is at risk of withdrawal from barbiturates or benzodiazepines; or

     (ii) Used intravenous drugs in the thirty days before admission;

     (d) Laboratory tests;

     (e) Services and resources for pregnant women:

     (i) A pregnant woman who is not seen by a private physician must be referred to a physician or the local first steps maternity care program for determination of prenatal care needs; and

     (ii) Services include discussion of pregnancy specific issues and resources.

     (f) If using medication services:

     (i) A medical practitioner must evaluate each patient who is taking disulfiram at least once every ninety days;

     (ii) Patient medications are stored, disbursed, and recorded in accord with chapter 246-326 WAC; and

     (iii) Only a licensed nurse or medical practitioner may administer medication.

[]

(1) Each service provider must ensure each patient:

     (a) Is admitted to treatment without regard to race, color, creed, national origin, religion, sex, sexual orientation, age, or disability, except for bona fide program criteria;

     (b) Is reasonably accommodated in case of sensory or physical disability, limited ability to communicate, limited English proficiency, and cultural differences;

     (c) Is treated in a manner sensitive to individual needs and which promotes dignity and self-respect;

     (d) Is protected from invasion of privacy except that staff may conduct reasonable searches to detect and prevent possession or use of contraband on the premises;

     (e) Has all clinical and personal information treated in accord with state and federal confidentiality regulations;

     (f) Has the opportunity to review their own treatment records in the presence of the administrator or designee;

     (g) Has the opportunity to have clinical contact with a same gender counselor, if requested and determined appropriate by the supervisor, either at the agency or by referral;

     (h) Is fully informed regarding fees charged, including fees for copying records to verify treatment and methods of payment available;

     (i) Is provided reasonable opportunity to practice the religion of their choice as long as the practice does not infringe on the rights and treatment of others or the treatment service. The patient has the right to refuse participation in any religious practice;

     (j) Is allowed necessary communication:

     (i) Between a minor and a custodial parent or legal guardian;

     (ii) With an attorney; and

     (iii) In an emergency.

     (k) Is protected from abuse by staff at all times, or from other patients who are on agency premises, including:

     (i) Sexual abuse or harassment;

     (ii) Sexual or financial exploitation;

     (iii) Racism or racial harassment; and

     (iv) Physical abuse or punishment.

     (l) Is fully informed and receives a copy of counselor disclosure requirements established under RCW 18.170.060;

     (m) Receives a copy of patient grievance procedures upon request; and

     (n) In the event of an agency closure or treatment service cancellation, each patient must be:

     (i) Given thirty days notice;

     (ii) Assisted with relocation;

     (iii) Given refunds to which the person is entitled; and

     (iv) Advised how to access records to which the person is entitled.

     (2) A service provider must obtain patient consent for each release of information to any other person or entity. This consent for release of information must include:

     (a) Name of the consenting patient;

     (b) Name or designation of the provider authorized to make the disclosure;

     (c) Name of the person or organization to whom the information is to be released;

     (d) Nature of the information to be released, as limited as possible;

     (e) Purpose of the disclosure, as specific as possible;

     (f) Specification of the date or event on which the consent expires;

     (g) Statement that the consent can be revoked at any time, except to the extent that action has been taken in reliance on it;

     (h) Signature of the patient or parent, guardian, or authorized representative, when required, and the date; and

     (i) A statement prohibiting further disclosure unless expressly permitted by the written consent of the person to whom it pertains.

     (3) A service provider must notify patients that outside persons or organizations which provide services to the agency are required by written agreement to protect patient confidentially.

     (4) A service provider must notify an ADATSA recipient of the recipient's additional rights to as required by WAC 388-800-0090.

     (5) The administrator must ensure a copy of patients' rights is given to each patient receiving services, both at admission and in case of disciplinary discharge.

     (6) The administrator must post a copy of patients' rights in a conspicuous place in the facility accessible to patients and staff.

[]

A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must conduct and document an assessment of each client's involvement with alcohol and other drugs. The CDP's assessment must include:

     (1) A face-to-face diagnostic interview with each client to obtain, review, evaluate, and document the following:

     (a) A history of the client's involvement with alcohol and other drugs, including:

     (i) The type of substances used;

     (ii) The route of administration; and

     (iii) Amount, frequency, and duration of use.

     (b) History of alcohol or other drug treatment or education;

     (c) The client's self-assessment of use of alcohol and other drugs;

     (d) A relapse history; and

     (e) A legal history.

     (2) If the client is in need of treatment, a multidimensional assessment of the person's:

     (a) Acute intoxication and/or withdrawal risk;

     (b) Biomedical conditions and complications;

     (c) Emotional/behavioral conditions and complications;

     (d) Treatment acceptance/resistance;    

     (e) Relapse/continued use potential; and

     (f) Recovery environment.

     (3) If an assessment is conducted on a youth, and the client is in need of treatment, the CDP, or CDP trainee under supervision of a CDP, must also obtain the following information:

     (a) Parental and sibling use of drugs;

     (b) History of school assessments for learning disabilities or other problems, which may affect ability to understand written materials;

     (c) Past and present parent/guardian custodial status, including running away and out-of-home placements;

     (d) History of emotional or psychological problems;

     (e) History of child or adolescent developmental problems; and

     (f) Ability of parents/guardians to participate in treatment.

     (4) Documentation of the information collected, including:

     (a) A written summary interpreting the data gathered in subsections (1), (2), and (3) of this section including patient strengths and needs for each dimension;

     (b) A diagnostic assessment statement including applicable criteria and severity of involvement with alcohol and other drugs;

     (c) A statement regarding provision of an HIV/AIDS brief risk intervention, and referrals made; and

     (d) Evidence the client:

     (i) Was notified of the assessment results; and

     (ii) Documentation of treatment options provided, and the client's choice; or

     (iii) If the client was not notified of the results and advised of referral options, the reason must be documented.

     (5) Documentation of the treatment recommended, using PPC.

     (6) Completion and submission of all reports required by the courts, department of licensing, and department of social and health services in a timely manner.

     (7) Referral of an adult or minor who requires assessment for involuntary chemical dependency treatment to the county-designated chemical dependency specialist.

[]

(1) A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must be responsible for the overall treatment plan for each patient, including:

     (a) Patient involvement in treatment planning;

     (b) Documentation of progress toward patient attainment of goals; and

     (c) Completeness of patient records.

     (2) A CDP or a CDP trainee under supervision of a CDP must:

     (a) Develop the individualized treatment plan based on PPC;

     (b) Conduct individual and group counseling;

     (c) Evaluate the patient and conduct ongoing assessments in accord with PPC. In cases where it is not possible to place or provide the patient with the clinically indicated treatment, the reason must be documented as well as whether other treatment will be provided;

     (d) Update the treatment plan, and determine continued service needs using PPC;

     (e) Develop the continuing care plan using PPC; and

     (f) Complete the discharge summary using PPC.

     (3) A CDP, or CDP trainee under supervision of a CDP, must also include in the treatment plan for youth problems identified in specific youth assessment, including any referrals to school and community support services.

     (4) A CDP, or CDP trainee under supervision of a CDP, must follow up when a patient misses an appointment to:

     (a) Try to motivate the patient to stay in treatment; and

     (b) Report a noncompliant patient to the committing authority as appropriate.

     (5) A CDP, or CDP trainee under supervision of a CDP, must involve each patient's family or other support persons, when the patient gives written consent:

     (a) In the treatment program; and

     (b) In self-help groups.

     (6) When transferring a patient from one certified treatment service to another within the same agency, at the same location, a CDP, or a CDP trainee under supervision of a CDP, must:

     (a) Update the patient assessment and treatment plan using PPC; and

     (b) Provide a summary report of the patient's treatment and progress, in the patient's record. In detox, this may be done by a nurse or physician.

     (7) A CDP, or CDP trainee under supervision of a CDP, must meet with each patient at the time of discharge from any treatment agency, unless in detox or when a patient leaves treatment without notice, to:

     (a) Finalize a continuing care plan using PPC to assist in determining appropriate recommendation for care;

     (b) Assist the patient in making contact with necessary agencies or services; and

     (c) Provide the patient a copy of the plan.

     (8) When transferring a patient to another treatment provider, the current provider must forward copies of the following information to the receiving provider when a release of confidential information is signed by the patient:

     (a) Patient demographic information;

     (b) Diagnostic assessment statement and other assessment information, including:

     (i) Documentation of the HIV/AIDS intervention;

     (ii) TB test result;

     (iii) A record of the patient's detox and treatment history;

     (iv) The reason for the transfer, based on using PPC; and

     (v) Court mandated or agency recommended follow-up treatment.

     (c) Discharge summary; and

     (d) The plan for continuing care or treatment.

     (9) A CDP, or CDP trainee under supervision of a CDP, must complete a discharge summary, within seven days of each patient's discharge from the agency, which includes:

     (a) The date of discharge or transfer;

     (b) A summary of the patient's progress toward each treatment goal, except in detox; and

     (c) In detox, a summary of the patient's physical condition.

[]

Each service provider must have a comprehensive patient record system maintained in accord with recognized principles of health record management. The provider must ensure:

     (1) A designated individual is responsible for the record system;

     (2) A secure storage system which:

     (a) Promotes confidentiality of and limits access to both active and inactive records; and

     (b) Protects active and inactive files from damage during storage.

     (3) Patient record policies and procedures on:

     (a) Who has access to records;

     (b) Content of active and inactive patient records;

     (c) A systematic method of identifying and filing individual patient records so each can be readily retrieved;

     (d) Assurance that each patient record is complete and authenticated by the person providing the observation, evaluation, or service; and

     (e) Retention of patient records for a minimum of five years after the discharge or transfer of the patient.

     (f) Destruction of patient records.

     (4) In addition to subsection (1) through (3) of this section, providers maintaining electronic patient records must:

     (a) Make records available in paper form upon request:

     (i) For review by the department;

     (ii) By patients requesting record review as authorized by WAC 388-805-305 (1)(f).

     (b) Provide secure, limited access through means that prevent modification or deletion after initial preparation;

     (c) Provide for back up of records in the event of equipment, media or human error;

     (d) Provide for protection from unauthorized access, including network and Internet access.

     (5) In case of an agency closure, the provider closing its treatment agency must arrange for the continued management of all patient records. The closing provider must notify the department in writing of the mailing and street address where records will be stored and specify the person managing the records. The closing provider may:

     (a) Continue to manage the records and give assurance they will respond to authorized requests for copies of patient records within a reasonable period of time;

     (b) Transfer records of patients who have given written consent to another certified provider;

     (c) Enter into a qualified service organization agreement with a certified provider to store and manage records, when the outgoing provider will no longer be a chemical dependency treatment provider; or

     (d) In the event none of the arrangements listed in (a) through (c) of this subsection can be made, the closing provider must arrange for transfer of patient records to the department.

[]

The service provider must ensure patient record content includes:

     (1) Demographic information;

     (2) A chemical dependency assessment and history of involvement with alcohol and other drugs;

     (3) Documentation the patient was informed of the diagnostic assessment and options for referral or the reason not informed;

     (4) A report of a physical examination by a medical practitioner in accord with a nonresidential provider's policy on medical oversight, when a patient is at risk of withdrawal from barbiturates or benzodiazepines, or used intravenous drugs within thirty days of admission;

     (5) Documentation the patient was informed of federal confidentiality requirements and received a copy of the patient notice required under 42 CFR, Part 2;

     (6) Treatment service rules, translated when needed, signed and dated by the patient before beginning treatment;

     (7) Voluntary consent to treatment signed and dated by the patient, parent or legal guardian, except as authorized by law for protective custody and involuntary treatment;

     (8) Evidence of counselor disclosure information, acknowledged by the provider and patient by signature and date;

     (9) Evidence of a tuberculosis test and results;

     (10) Evidence of the HIV/AIDS brief risk intervention;

     (11) Initial and updated individual treatment plans, including results of the initial assessment and periodic reviews, addressing:

     (a) Patient biopsychosocial problems;

     (b) Short- and long-term treatment goals;

     (c) Estimated dates for completion of each treatment goal;

     (d) Approaches to resolve the problems;

     (e) Identification of persons responsible for implementing the approaches;

     (f) Medical orders, if appropriate.

     (12) Documentation of referrals made for specialized care or services;

     (13) At least weekly individualized documentation of ongoing services in residential services, and as required in intensive outpatient and outpatient services, including:

     (a) Date, duration, and content of counseling and other treatment sessions;

     (b) Ongoing assessments of each patient's participation in and response to treatment and other activities;

     (c) Progress notes as events occur, each shift in detox, and treatment plan reviews as specified under each treatment service of chapter 388-805 WAC; and

     (d) Documentation of missed appointments.

     (14) Medication records, if applicable;

     (15) Laboratory reports, if applicable;

     (16) Properly completed authorizations for release of information;

     (17) Copies of all correspondence related to the patient, including reports of noncompliance;

     (18) A copy of the continuing care plan signed and dated by the CDP and the patient; and

     (19) The discharge summary.

[]

The following standards define patient noncompliance behaviors and set minimum time lines for reporting these behaviors to the appropriate court. Chemical dependency service providers failing to report patient noncompliance with court ordered or deferred prosecution treatment requirements may be considered in violation of chapter 46.61 or 10.05 RCW reporting requirements and be subject to penalties specified in WAC 388-805-120, 388-805-125, and 388-805-130.

     (1) For emergent noncompliance: The following noncompliance is considered emergent noncompliance and must be reported to the appropriate court within three working days from obtaining the information:

     (a) Patient failure to maintain abstinence from alcohol and other nonprescribed drugs as verified by patient self-report, identified third party report confirmed by the agency, or blood alcohol content or other laboratory test;

     (b) Patient reports a subsequent alcohol/drug related arrest;

     (c) Patient leaves program against program advice or is discharged for rule violation.

     (2) For nonemergent noncompliance: The following noncompliance is considered nonemergent noncompliance and must be reported to the appropriate court as required by subsection (3) and (4) of this section:

     (a) Patient has unexcused absences or failure to report. Agencies must report all patient unexcused absences, including failure to attend self-help groups. Report failure of patient to provide agency with documentation of attendance at self-help groups if under a deferred prosecution order or required by the treatment plan. In providing this report, include the agency's recommendation for action.

     (b) Patient failure to make acceptable progress in any part of the treatment plan. Report details of the patient's noncompliance behavior along with a recommendation for action.

     (3) If a court accepts monthly progress reports, nonemergent noncompliance may be reported in monthly progress reports, which must be mailed to the court within ten working days from the end of each reporting period.

     (4) If a court does not wish to receive monthly reports and only requests notification of noncompliance or other significant changes in patient status, the reports should be transmitted as soon as possible, but in no event longer than ten working days from the date of the noncompliance.

[]

Each service provider must develop and implement policies and procedures for outcomes evaluation, to monitor and evaluate outcomes for the purpose of program improvement. Outcomes evaluation includes:

     (1) A program description of:

     (a) Measurable program objectives in the areas of effectiveness, efficiency, and patient satisfaction;

     (b) Baseline measurement of program objectives; and measurement of outcomes at least two of the following times:

     (i) during treatment, or

     (ii) at discharge, or

     (iii) after treatment.

     (2) Use of the results.

     (3) Measurement of a representative sample of patients served by the treatment provider.

[]

Detoxification services include acute and subacute services. To be certified to offer detoxification services, a provider must:

     (1) Meet WAC 388-805-001 through 388-805-350 requirements; and

     (2) Meet relevant requirements of chapter 246-326 WAC.

[]

(1) The service provider must ensure staffing as follows:

     (a) A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must assess, counsel, and attempt to motivate each patient for referral;

     (b) Other staff as necessary to provide services needed by each patient;

     (c) All personnel providing patient care, except licensed staff and CDPs, must complete a minimum of forty hours of documented training before assignment of patient care duties. The personnel training must include:

     (i) Chemical dependency;

     (ii) HIV/AIDS and hepatitis B education;

     (iii) TB prevention and control; and

     (iv) Detox screening, admission, and signs of trauma.

     (d) All personnel providing patient care must have current training in:

     (i) Cardio-pulmonary resuscitation (CPR); and

     (ii) First aid.

     (2) The service provider must ensure detoxification services include:

     (a) Screening of each person before admission by a person knowledgeable about alcoholism and other addictions and skilled in observation and eliciting information;

     (b) A chemical dependency assessment, which must be attempted within forty-eight hours of a patient's admission;

     (c) Counseling of each patient by a CDP, or CDP trainee under supervision of a CDP, at least once:

     (i) Regarding the patient's chemical dependency; and

     (ii) Attempting to motivate each person to accept referral into a continuum of care for chemical dependency treatment.

     (d) Sleeping arrangements that permit observation of patients;

     (e) Separate sleeping rooms for youth and adults; and

     (f) Referral of each patient to other appropriate treatment services.

[]

To be certified to offer intensive inpatient, recovery, or long-term residential services, a provider must meet the requirements of:

     (1) WAC 388-805-001 through 388-805-350;

     (2) WAC 388-805-510 through 388-805-550 as applicable; and

     (3) Chapter 246-326 WAC as required for department of health licensing.

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A residential service provider admitting youth must ensure:

     (1) A youth will be admitted only with the written permission of a parent or legal guardian. In cases where the youth meets the requirements of child in need of services (CHINS) the youth may sign themselves into treatment.

     (2) The youth must agree to, and both the youth and parent or legal guardian must sign the following when possible:

     (a) Statement of patient rights and responsibilities;

     (b) Treatment or behavioral contracts; and

     (c) Any consent or release form.

     (3) Youth chemical dependency treatment must include:

     (a) Group meetings to promote personal growth; and

     (b) Recreational, leisure, and other therapy and related activities.

     (4) A certified teacher or tutor must provide each youth one or more hours per day, five days each week, of supervised academic tutoring or instruction when the youth is unable to attend school for an estimated period of four weeks or more. The provider must:

     (a) Document the patient's most recent academic placement and achievement level; and

     (b) Obtain schoolwork, where applicable, from the patient's home school or provide schoolwork and assignments consistent with the person's academic level and functioning.

     (5) Adult staff must lead or supervise seven or more hours of structured recreation each week.

     (6) Staff must conduct room checks frequently and regularly when patients are in their rooms.

     (7) A person fifteen years of age or younger must not room with a person eighteen years of age or older.

     (8) Sufficient numbers of adult staff, whose primary task is supervision of patients, must be trained and available at all times to ensure appropriate supervision, patient safety, and compliance with WAC 388-805-520.

     (9) In co-ed treatment services, there must be at least one adult staff person of each gender present or on call at all times.

     (10) There must be at least one chemical dependency professional (CDP) for every ten youth patients.

     (11) Staff must document attempts to notify the parent or legal guardian within two hours of any change in the status of a youth.

     (12) For routine discharge, each youth must be discharged to the care of the youth's legal custodian.

     (13) For emergency discharge and when the custodian is not available, the provider must contact the appropriate authority.

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(1) Upon application for a youth's admission, a service provider must:

     (a) Advise the youth's parent and other referring persons of the programmatic and physical plant capabilities and constraints in regard to providing treatment with or without a youth's consent;

     (b) Obtain the parent's or other referring person's agreement to participate in the treatment process as appropriate and possible; and

     (c) Obtain the parent's or other referring person's agreement to return and take custody of the youth as necessary and appropriate on discharge or transfer.

     (2) The administrator must ensure policies and procedures are written and implemented which detail least to increasingly restrictive practices used by the provider to stabilize and protect youth who are a danger to self or others, including:

     (a) Obtaining signed behavioral contracts from the youth, at admission and updated as necessary;

     (b) Acknowledging positive behavior and fostering dignity and self respect;

     (c) Supporting self-control and the rights of others;

     (d) Increased individual counseling;

     (e) Increased staff monitoring;

     (f) Verbal de-escalation;

     (g) Use of unlocked room for containment or seclusion;

     (h) Use of restraints; and

     (i) Emergency procedures, including notification of the parent, guardian or other referring person, and, when appropriate, law enforcement.

     (3) The provider must ensure staff is trained in safe and therapeutic techniques for dealing with a youth's behavioral and emotional crises, including:

     (a) Verbal de-escalation;

     (b) Crisis intervention;

     (c) Anger management;

     (d) Suicide assessment and intervention;

     (e) Conflict management and problem solving skills;

     (f) Management of assaultive behavior;

     (g) Proper use of restraint; and

     (h) Emergency procedures.

     (4) To prevent a youth's unauthorized exit from the residential treatment site, the provider may have:

     (a) An unlocked room for containment or seclusion;

     (b) A secure perimeter, such as a nonscalable fence with locked gates; and

     (c) Locked windows and exterior doors.

     (5) Providers using holding mechanisms in subsection (4) of this section must meet current Uniform Building Code requirements or its successor, which include fire safety and special egress control devices, such as alarms and automatic releases.

     (6) When less restrictive measures are not sufficient to de-escalate a behavioral crisis, clinical staff may contain or seclude a youth in a quiet unlocked room which has a window for observation and:

     (a) The clinical supervisor must be notified immediately of the staff person's use of a quiet room for a youth, and must determine its appropriateness;

     (b) A chemical dependency professional (CDP) must consult with the youth immediately and at least every ten minutes, for counseling, assistance, and to maintain direct communication; and

     (c) The clinical supervisor or designated alternate must evaluate the youth and determine the need for mental health consultation.

     (7) Youth who demonstrate continuing refusal to participate in treatment or continuing to exhibit behaviors that present health and safety risks to self, other patients, or staff may be discharged or transferred to more appropriate care after:

     (a) Interventions appropriate to the situation from those listed in subsection (2) of this section have been attempted without success;

     (b) The person has been informed of the consequences and return options;

     (c) The parents, guardian, or other referring person has been notified of the emergency and need to transfer or discharge the person; and

     (d) Arrangements are made for the physical transfer of the person into the custody of the youth's parent, guardian, or other appropriate person or program.

     (8) Involved staff must document the circumstances surrounding each incident requiring intervention in the youth's record and include:

     (a) The precipitating circumstances;

     (b) Measures taken to resolve the incident;

     (c) Final resolution; and

     (d) Record of notification of appropriate others.

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(1) A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must:

     (a) Complete the initial treatment plan within five days of admission;

     (b) Conduct at least one face-to-face individual chemical dependency counseling session with each patient each week;

     (c) Provide a minimum of ten hours of chemical dependency counseling with each patient each week;

     (d) Document a treatment plan review, at least weekly, which updates patient status, progress toward goals, and PPC level of service; and

     (e) Refer each patient for ongoing treatment or support, as necessary, upon completion of treatment.

     (2) The provider must ensure a minimum of twenty hours of treatment services for each patient each week; up to ten hours may be education.

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(1) A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must provide a minimum of five hours of treatment, for each patient each week, consisting of:

     (a) Education regarding drug-free and sober living; and

     (b) Individual or group counseling.

     (2) A CDP, or CDP trainee under supervision of a CDP, must update patient records at least monthly; and

     (3) Staff must assist patients with general reentry living skills and, for youth, continuation of educational or vocational training.

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Each chemical dependency service provider must ensure each patient receives:

     (1) Education regarding alcohol, other drugs, and other addictions, at least two hours each week.

     (2) Individual or group counseling by a chemical dependency professional (CDP), or CDP trainee under supervision of a CDP, a minimum of two hours each week.

     (3) Education on social and coping skills.

     (4) Social and recreational activities.

     (5) Assistance in seeking employment, when appropriate.

     (6) Patient record review and update at least monthly.

     (7) Assistance with re-entry living skills.

     (8) A living arrangement plan.

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To be certified to provide intensive or other outpatient services, a chemical dependency service provider must meet the requirements of:

     (1) WAC 388-805-001 through 388-805-350;

     (2) WAC 388-805-610 through 388-805-630, as applicable; and

     (3) WAC 388-805-700 through 388-805-750, if offering opiate substitution treatment services.

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(1) Patients admitted to intensive outpatient treatment under a deferred prosecution order pursuant to chapter 10.05 RCW, must complete intensive treatment as described in subsection (2) of this section. Any exceptions to this requirement must be approved, in writing, by the court having jurisdiction in the case.

     (2) Each chemical dependency service provider must ensure intensive outpatient services are designed to deliver:

     (a) A minimum of seventy-two hours of treatment services within a maximum of twelve weeks,

     (b) The first four weeks of treatment must consist of:

     (i) At least three sessions each week;

     (ii) Each group session must last at least one hour; and

     (iii) Each session must be on separate days of the week.

     (c) Individual chemical dependency counseling sessions with each patient every twenty hours of treatment, or more if clinically indicated;

     (d) Education totaling not more than fifty percent of the treatment services regarding alcohol, other drugs, relapse prevention, HIV/AIDS, hepatitis B and TB prevention, and other air/blood-borne pathogens;

     (e) Self-help group attendance in addition to the seventy-two hours;

     (f) A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must conduct and document a review of each patient's treatment plan every twenty hours of treatment, to assess adequacy and attainment of goals, using PPC;

     (g) Upon completion of intensive outpatient treatment, a CDP, or a CDP trainee under the supervision of a CDP, must refer each patient for ongoing treatment or support, as necessary, using PPC.

     (3) Patients not under deferred prosecution orders, including youth patients, may be admitted to levels of care as determined appropriate using PPC.

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A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must:

     (1) Complete admission assessments within ten calendar days of admission, or by the second visit, unless participation in this outpatient treatment service is part of the same provider's continuum of care.

     (2) Conduct group or individual chemical dependency counseling sessions for each patient, each month, according to an individual treatment plan.

     (3) Assess and document the adequacy of each patient's treatment and attainment of goals:

     (a) Once a month for the first three months; and

     (b) Quarterly thereafter or sooner if required by other laws.

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Any certified chemical dependency service provider may offer school-based services by:

     (1) Meeting WAC 388-805-640 requirements; and

     (2) Ensuring counseling is provided by a chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP.

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(1) If a certified service provider wishes to offer treatment services, for which the provider is certified, at a site where clients are located primarily for purposes other than chemical dependency treatment, the administrator must:

     (a) Ensure off-site treatment services will be provided:

     (i) In a private, confidential setting that is discrete from other services provided within the off-site location; and

     (ii) By a chemical dependency professional (CDP) or CDP trainee under supervision of a CDP;

     (b) Revise agency policy and procedures manuals to include:

     (i) A description of how confidentiality will be maintained at each off-site location, including how confidential information and patient records will be transported between the certified facility and the off-site location;

     (ii) A description of how services will be offered in a manner that promotes patient and staff member safety; and

     (iii) Relevant administrative, personnel, and clinical practices.

     (c) Maintain a current list of all locations where off-site services are provided including the name, address (except patient in-home services), primary purpose of the off-site location, level of services provided, and date off-site services began at the off-site location.

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An opiate substitution treatment provider must meet requirements of:

     (1) WAC 388-805-001 through 388-805-350;

     (2) WAC 388-805-610 and 388-805-620; and

     (3) WAC 388-805-700 through 388-805-750.

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(1) A program physician must provide oversight for determination of opiate physical addiction for each patient before admission unless the patient is exempted by the Federal Food and Drug Administration, and:

     (a) Be available for consultation when an opiate physical addiction determination is conducted by anyone other than the program physician; and

     (b) Conduct the opiate physical addiction determination for all youth patients.

     (2) A physical examination must be conducted on each patient:

     (a) By a program physician or other medical practitioner; and

     (b) Within twenty-one days of admission.

     (3) Following the patient's initial dose of opiate substitution treatment, the physician must establish adequacy of dose, considering:

     (a) Signs and symptoms of withdrawal;

     (b) Patient comfort; and

     (c) Side effects from over-medication.

     (4) At the appropriate time, a program physician must approve an individual detoxification schedule for each patient being detoxified.

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(1) The provider must obtain a urine sample from each patient for urinalysis:

     (a) At least once each month; and

     (b) Randomly, without notice to the patient.

     (2) Staff must observe the collection of each urine sample and use proper chain of custody techniques when handling each sample;

     (3) When a patient refuses to provide a urine sample or initial the log of sample numbers, staff must consider the urine positive; and

     (4) Staff must document a positive urine and discuss the findings with the patient in a counseling session within seven days of receiving the results of the test.

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(1) Each opiate substitution treatment provider must comply with applicable portions of 21 CFR, Part 1301 requirements, as now or later amended.

     (2) The administrator must ensure written policies and procedures to verify the identity of patients.

     (3) Dispensary staff must maintain a file with a photograph of each patient. Dispensary staff must ensure pictures are updated when:

     (a) The patient's physical appearance changes significantly; or

     (b) Every two years, whichever comes first.

     (4) In addition to notifying the Food and Drug Administration, the administrator must immediately notify the department and the state board of pharmacy of any theft or significant loss of a controlled substance.

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(1) A chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, must provide individual or group counseling sessions once each:

     (a) Week, for the first ninety days, for a new patient or a patient readmitted more than ninety days since the person's most recent discharge from opiate substitution treatment;

     (b) Week, for the first month, for a patient readmitted within ninety days of the most recent discharge from opiate substitution treatment; and

     (c) Month, for a patient transferring from another opiate substitution treatment agency where the patient stayed for ninety or more days.

     (2) A CDP, or a CDP trainee under supervision of a CDP, must conduct and document a continuing care review with each patient to review progress, discuss facts, and determine the need for continuing opiate substitution treatment:

     (a) Between six and seven months after admission; and

     (b) Once every six months thereafter.

     (3) A CDP, or a CDP trainee under supervision of a CDP, must provide counseling in a location that is physically separate from other activities.

     (4) The administrator must ensure at least one full-time CDP, or a CDP trainee under supervision of a CDP, for each fifty patients:

     (a) A CDP with one or more CDP trainees may be assigned as primary counselor for up to seventy-five patients, including those assigned to the CDP trainee; and

     (b) A CDP trainee may be assigned up to thirty-five patients.

     (5) A pregnant woman and any other patient who requests, must receive at least one-half hour of counseling and education each month on:

     (a) Matters relating to pregnancy and street drugs;

     (b) Pregnancy spacing and planning; and

     (c) The effects of opiate substitution treatment on the woman and fetus, when opiate substitution treatment occurs during pregnancy.

     (6) Staff must provide at least one-half hour of counseling on family planning with each patient through either individual or group counseling.

     (7) The administrator must ensure there is one staff member who has training in family planning, prenatal health care, and parenting skills.

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(1) An opiate substitution treatment provider may authorize take-home medications for a patient when:

     (a) The medication is for a Sunday or legal holiday, as identified under RCW 1.16.050; or

     (b) Travel to the facility presents a safety risk for patients or staff due to inclement weather.

     (2) A service provider may permit take-home medications on other days for a stabilized patient who:

     (a) Has received opiate substitution treatment medication for a minimum of ninety days; and

     (b) Had negative urines for the last sixty days.

     (3) The provider must meet 21 CFR, Part 291 requirements.

     (4) The provider may arrange for opiate substitution treatment medication to be administered by licensed staff or self-administered by a pregnant woman receiving treatment at a certified residential treatment agency when:

     (a) The woman had been receiving treatment medication for ninety or more days; and

     (b) The woman's use of treatment medication can be supervised.

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(1) A certified ADATSA assessment provider must conduct an ADATSA assessment for each eligible patient and be governed by the requirements under:

     (a) WAC 388-805-001 through 388-805-310;

     (b) WAC 388-805-020 and 388-805-325 (1), (2), (3), (5), (10), (16), (17), 388-805-330; and 388-805-350; and

     (c) Chapter 388-800 WAC.

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(1) If located in a district or municipal probation department, each DUI service provider must meet the requirements of:

     (a) WAC 388-805-001 through 388-805-135,

     (b) WAC 388-805-145 (4), (5), and (6);

     (c) WAC 388-805-150, the administrative manual, subsections (4), (7) through (11), (13), and (14);

     (d) WAC 388-805-155, facilities, subsections (1)(b), (c), (d), and (2)(b);

     (e) WAC 388-805-200 (1), (4), and (5);

     (f) WAC 388-805-205 (1), (2), (3)(a) through (e), (4), (6), (7), and (8);

     (g) WAC 388-805-220, 388-805-225, and 388-805-230;

     (h) WAC 388-805-260, volunteers;

     (i) WAC 388-805-300, clinical manual, subsections (1), (2), (3), (7), (14), (18), and (19)(e);

     (j) WAC 388-805-305, patients' rights;

     (k) WAC 388-805-310, assessments;

     (l) WAC 388-805-320, patient record system, subsections (3)(a) through (f), and (4);

     (m) WAC 388-805-325, record content, subsections (1), (2), (3), (5), (8), (10), (12), (16), and (17); and

     (n) WAC 388-805-350, outcomes evaluation;

     (o) WAC 388-805-815, DUI assessment services.

     (2) If located in another certified chemical dependency treatment facility, the DUI service provider must meet the requirements of:

     (a) WAC 388-805-001 through 388-805-260; 388-805-305 and 388-805-310;

     (b) WAC 388-805-300, 388-805-320, 388-805-325 as noted in subsection (1) of this section, 388-805-350; and

     (c) WAC 388-805-815.

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(1) The administrator must limit clients to persons who have been arrested for a violation of driving while under the influence of intoxicating liquor or other drugs or in physical control of a vehicle as defined under chapter 46.61 RCW;

     (2) A chemical dependency professional (CDP), or a CDP trainee under the supervision of a CDP, or a probation assessment officer must conduct each client assessment and ensure the assessment includes, in addition to the requirements under WAC 388-805-310:

     (a) Evaluation of the client's blood alcohol level and other drug levels at the time of arrest, if available; and

     (b) Assessment of the client's self-reported driving record and the abstract of the client's legal driving record.

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(1) Alcohol and other drug information school providers must be governed under:

     (a) WAC 388-805-001 through 388-805-135; and

     (b) This section.

     (2) The provider must:

     (a) Inform each student of fees at the time of enrollment; and

     (b) Ensure adequate and comfortable seating in well-lit and ventilated rooms.

     (3) A certified information school instructor must teach the course and:

     (a) Advise each student there is no assumption the student is an alcoholic or drug addict, and this is not a therapy session;

     (b) Discuss the class rules;

     (c) Review the course objectives;

     (d) Follow curriculum contained in "Alcohol and Other Drugs Information School Training Curriculum," published in 1991, or later amended;

     (e) Ensure not less than eight and not more than fifteen hours of class room instruction;

     (f) Administer the post-test from the above reference to each enrolled student after the course is completed;

     (g) Ensure individual client records include:

     (i) Intake form;

     (ii) Hours and date or dates in attendance;

     (iii) Source of referral;

     (iv) Copies of all reports, letters, certificates, and other correspondence;

     (v) A record of any referrals made; and

     (vi) A copy of the scored post-test.

     (h) Complete and submit reports required by the courts and the department of licensing, in a timely manner.

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(1) Information and crisis service providers must be governed under:

     (a) WAC 388-805-001 through 388-805-135; and

     (b) This section.

     (2) The information and crisis service administrator must:

     (a) Ensure a chemical dependency professional (CDP), or a CDP trainee under supervision of a CDP, is available or on staff;

     (b) Maintain a current directory of certified chemical dependency treatment service providers in the state;

     (c) Maintain a current list of local resources for legal, employment, education, interpreter, and social and health services;

     (d) Have services available twenty-four hours a day, seven days a week;

     (e) Ensure all staff completes forty hours of training that covers the following areas before assigning unsupervised duties:

     (i) Chemical dependency crisis intervention techniques;

     (ii) Alcoholism and drug abuse; and

     (iii) Prevention and control of TB and bloodborne pathogens.

     (f) Have policies and procedures for provision of emergency services, by phone or in person, to a person incapacitated by alcohol or other drugs, or to the person's family, such as:

     (i) General assessments;

     (ii) Interviews for diagnostic or therapeutic purposes;

     (iii) Crisis counseling; and

     (iv) Referral.

     (g) Maintain records of each patient contact, including:

     (i) The presenting problem;

     (ii) The outcome;

     (iii) A record of any referral made;

     (iv) The signature of the person handling the case; and

     (v) The name, age, sex, and race of the patient.

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(1) The emergency service patrol provider must ensure staff providing the service:

     (a) Have proof of a valid Washington state driver's license;

     (b) Possess annually updated verification of first aid and cardiopulmonary resuscitation training;

     (c) Have completed forty hours of training in chemical dependency crisis intervention techniques, and alcoholism and drug abuse, to improve skills in handling crisis situations; and

     (d) Have training on communicable diseases, including:

     (i) TB prevention and control; and

     (ii) Bloodborne pathogens such as HIV/AIDS and hepatitis.

     (2) Emergency service patrol staff must:

     (a) Respond to calls from police, merchants, and other persons for assistance with an intoxicated person in a public place;

     (b) Patrol assigned areas and give assistance to a person intoxicated in a public place; and

     (c) Conduct a preliminary assessment of a person's condition relating to the state of inebriation and presence of a physical condition needing medical attention:

     (i) When a person is intoxicated, but subdued and willing, transport the person home, to a certified treatment provider, or a health care facility;

     (ii) When a person is incapacitated, unconscious, or has threatened or inflicted harm on another person, staff must make reasonable efforts to:

     (A) Take the person into protective custody; and

     (B) Transport the person to an appropriate treatment or health care facility.

     (3) Emergency service patrol staff must maintain a log including:

     (a) The time and origin of each call received for assistance;

     (b) The time of arrival at the scene;

     (c) The location of the person at the time of the assist;

     (d) The name and sex of the person transported;

     (e) The destination of the transport and time of arrival; and

     (f) In case of nonpickup of a person, a notation must be made about why the pickup did not occur.

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(1) A certified TASC provider must provide referral and case management services to each eligible patient and meet the requirements of:

     (a) WAC 388-805-001 through 388-805-210;

     (b) WAC 388-805-240, students;

     (c) WAC 388-805-260, volunteers;

     (d) WAC 388-805-300, clinical manual, subsections (1) through (7), (13) through (18), and (19)(a), (b), (d), (e), and (f);

     (e) WAC 388-805-305, patients' rights, subsections (1) through (3), and (5) through (6);

     (f) WAC 388-805-310, assessments, subsections (1) through (7);

     (g) WAC 388-805-315, treatment, continuing care, transfer, and discharge plans, subsections (1), (2)(a), (c), (d), (e), and (f), (5), and (7) through (9);

     (i) A CDP, or a CDP trainee under supervision of a CDP, must substitute referral and case management plans for treatment plan requirements in WAC 388-805-315 (1) and (2)(a)(d);

     (ii) A CDP, or a CDP trainee under supervision of a CDP, must coordinate the referral of patients with the appropriate treatment provider for each identified problem, ensure they receive adequate treatment, and add new problems to the case management plan as they are identified;

     (iii) A CDP, or a CDP trainee under supervision of a CDP, must coordinate the continuing care plan of the patient with appropriate treatment providers; and,

     (iv) When transferring a patient to another treatment provider, a TASC provider will substitute a summary of the patient's progress toward each referral and case management goal.

     (h) WAC 388-805-320, patient record system;

     (i) WAC 388-805-325, patient record content, subsections (1) through (3), (5) through (10), and (12) through (19);

     (j) WAC 388-805-330, reporting patient noncompliance; and

     (k) WAC 388-805-350, outcomes evaluation.

     (2) A CDP, or a CDP trainee under supervision of a CDP, must assess and document the adequacy of each client's referral and case management plan and attainment of goals once each month.

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A certified outpatient chemical dependency treatment provider may offer child care services when the provider:

     (1) Notifies the department of the provider's intent to offer child care services.

     (2) Submits a plan indicating numbers of children to be served and physical space available for the child care service which meets WAC 388-805-155 requirements.

     (3) Demonstrates capability of meeting WAC 388-805-905 through 388-805-935 requirements.

     (4) Has an approval letter from the department to provide child care services.

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(1) A chemical dependency service provider must have and implement written policies and procedures to ensure:

     (a) A parent serves as the responsible caregiver; and

     (b) Each child admitted is free of serious medical conditions and not in need of nursing care.

     (2) The provider must have a file for each child which includes a health history of each child, obtained on admission, including:

     (a) Name and phone number of the child's physician;

     (b) Date of last physical examination;

     (c) Statement of allergies and reactions, if any;

     (d) Notation of special health problems;

     (e) Immunization status; and

     (f) Notation of medications currently being taken.

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The administrator must ensure implementation of childcare policies which include:

     (1) Encouragement of each parent to obtain health care for each child when necessary.

     (2) What to do in case of a medical emergency.

     (3) Protection from child abuse, neglect, and exploitation.

     (4) Reporting of child abuse and neglect.

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The person designated responsible for the child care program must:

     (1) Address the developmental, cultural, and individual needs of each child served.

     (2) Offer a variety of activity choices.

     (3) Offer each child daily opportunities for small and large muscle activities.

     (4) Implement a planned program of activities, as evidenced by a current, written activity schedule.

     (5) Provide a variety of easily accessible, culturally and developmentally appropriate learning and play materials.

     (6) Promote a nurturing, respectful, supportive, and responsive environment.

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(1) The provider and the person responsible for child care must ensure behavior management and disciplinary practices promote:

     (a) Each child's developmentally appropriate social behavior, self-control, and respect for the rights of others; and

     (b) Fair, reasonable, and consistent practices related to a child's behavior.

     (2) The following practices are prohibited by any person:

     (a) Corporal punishment, including biting, jerking, shaking, spanking, slapping, hitting, striking, or kicking a child, or other means of inflicting physical pain or causing bodily harm;

     (b) Use of a physical restraint method injurious to a child;

     (c) Use of a mechanical restraint, locked time-out room or closet;

     (d) Withholding of food; and

     (e) Use of derogatory terms.

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The administrator must ensure diaper changing policies and procedures are approved by the person developing health care policies and include:

     (1) A designated place for diaper changing that is:

     (a) Separate from food preparation areas;

     (b) Adjacent to a handwashing sink;

     (c) Sanitized between use for different children;

     (d) Impervious to moisture; and

     (e) Safe, with safety rails or straps.

     (2) Appropriateness of changing diapers in the child's bed.

     (3) Posting of diaper changing procedures accessible to staff and parents.

     (4) Removal of soiled disposable diapers from the premises daily.

     (5) Removal of soiled reusable diapers according to a commercial diaper service schedule.

     (6) Handwashing procedures.

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The service provider must have policies that address:

     (1) Feeding schedules for infants and children.

     (2) Safe and sanitary formula preparation and storage.

     (3) Storage and handling of bottles and nipples in a sanitary manner, separate from diaper-changing areas.

     (4) Identification of prepared bottles with each child's name and date of preparation.

     (5) Promotion of a safe and nurturing method for child feeding including:

     (a) Holding infants in a semi-sitting position unless against medical advice or the child is able to sit in a high chair;

     (b) Interacting with the infant; and

     (c) Not propping bottles.

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(1) The service provider must designate a person responsible for the child care program who:

     (a) Meets relevant personnel requirements under WAC 388-805-200 and 388-805-205

     (b) Is eighteen years of age or older; and

     (c) Is capable of implementing WAC 388-805-905 through 388-805-930.

     (2) The service provider must maintain staffing ratios as follows:

     (a) One adult for up to and including four infants through eleven months of age;

     (b) One adult for up to and including five children twelve through twenty-nine months of age;

     (c) One adult for every ten children thirty months through five years of age; and

     (d) One adult for every fifteen children five years of age or older.

     (3) When there are children of mixed ages, the service provider must maintain the ratio prescribed for the youngest child in the mixed group.

[]

     The following sections of the Washington Administrative Code are repealed:

WAC 440-22-001	Purpose.
WAC 440-22-005	Definitions.
WAC 440-22-010	Certified treatment services.
WAC 440-22-015	Application for certification.
WAC 440-22-020	Application for certification of a branch agency or added service.
WAC 440-22-025	Request for approval of off-site treatment.
WAC 440-22-030	Application for opiate dependency treatment service.
WAC 440-22-035	Application for free-standing ADATSA assessment service.
WAC 440-22-040	Application for DUI assessment service.
WAC 440-22-045	Application for information school service.
WAC 440-22-050	Application for information and crisis service.
WAC 440-22-055	Application for emergency service patrol.
WAC 440-22-060	Examination of nonresidential facilities.
WAC 440-22-065	Disqualification, denial.
WAC 440-22-070	Provisional certification.
WAC 440-22-075	Exemptions.
WAC 440-22-080	Certification fee and expiration date.
WAC 440-22-085	Change in ownership.
WAC 440-22-090	Relocation and remodeling.
WAC 440-22-100	Certification maintenance.
WAC 440-22-105	Deeming of national accreditation.
WAC 440-22-110	Penalties.
WAC 440-22-115	Certification cancellation.
WAC 440-22-120	Suspension, revocation.
WAC 440-22-125	Hearings, appeals.
WAC 440-22-150	Governing body.
WAC 440-22-155	Administrator responsibilities.
WAC 440-22-160	Administrative manual.
WAC 440-22-165	Facilities.
WAC 440-22-175	Personnel manual.
WAC 440-22-180	Personnel files.
WAC 440-22-200	Chemical dependency counselor intern (CI) eligibility.
WAC 440-22-210	Supervision of chemical dependency counselor (CDC) interns.
WAC 440-22-220	Chemical dependency counselor intern (CI) completion.
WAC 440-22-225	Probation assessment officer interns.
WAC 440-22-230	Youth chemical dependency counselor (YCDC) interns.
WAC 440-22-240	Chemical dependency counselor (CDC), probation assessment officer, and youth chemical dependency counselor (YCDC) qualification.
WAC 440-22-250	Grandparenting.
WAC 440-22-253	Application process for chemical dependency counselor intern (CI) enrollment, chemical dependency counselor (CDC), and youth chemical dependency counselor (YCDC) certificate of qualification and requalification.
WAC 440-22-255	Denial of chemical dependency intern (CI) enrollment, chemical dependency counselor (CDC) or youth chemical dependency (YCDC) certificate of qualification.
WAC 440-22-257	Chemical dependency counselor intern (CI), chemical dependency counselor (CDC), and youth chemical dependency counselor (YCDC) suspension or revocation of letter of enrollment or certificate of qualification.
WAC 440-22-260	Students.
WAC 440-22-270	Information school instructors.
WAC 440-22-280	Volunteers.
WAC 440-22-300	Clinical manual.
WAC 440-22-310	Patients' rights.
WAC 440-22-320	Chemical dependency assessments.
WAC 440-22-325	Treatment, continuing care, transfer and discharge plans.
WAC 440-22-330	Patient record system.
WAC 440-22-335	Patient record content.
WAC 440-22-350	Detoxification providers.
WAC 440-22-355	Detox staffing and services.
WAC 440-22-400	Residential providers.
WAC 440-22-405	Residential providers admitting youth.
WAC 440-22-406	Behavior management.
WAC 440-22-410	Intensive inpatient services.
WAC 440-22-420	Recovery house services.
WAC 440-22-430	Long-term treatment services.
WAC 440-22-450	Outpatient providers.
WAC 440-22-455	Intensive outpatient services.
WAC 440-22-460	Outpatient services.
WAC 440-22-465	Outpatient services in a school setting.
WAC 440-22-500	Opiate dependency treatment providers.
WAC 440-22-505	Opiate dependency medical management.
WAC 440-22-510	Urinalysis in opiate dependency treatment.
WAC 440-22-515	Opiate dependency treatment dispensary.
WAC 440-22-520	Opiate dependency treatment counseling.
WAC 440-22-525	Opiate dependency treatment take-home medications.
WAC 440-22-530	Opiate dependency treatment provider meetings.
WAC 440-22-550	Free-standing ADATSA assessment providers and services.
WAC 440-22-560	DUI assessment providers.
WAC 440-22-565	DUI assessment services.
WAC 440-22-600	Alcohol and other drug information school.
WAC 440-22-610	Information and crisis services.
WAC 440-22-620	Emergency service patrol.
WAC 440-22-900	Outpatient child care when a parent is in treatment.
WAC 440-22-905	Outpatient child care admission and health history.
WAC 440-22-910	Outpatient child care policies.
WAC 440-22-915	Outpatient child care activity program.
WAC 440-22-920	Outpatient child care behavior management and discipline.
WAC 440-22-925	Outpatient child care diaper changing.
WAC 440-22-930	Outpatient child care food service.
WAC 440-22-935	Staffing for outpatient child care services.

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 440-44-020

Alcohol and drug agency certification fees.

© Washington State Code Reviser's Office