Behavioral Health Agencies (BHA) Rules in Progress

Rulemaking is the process the Department of Health uses when proposing to create, change, or delete rules to protect public health. To learn more, see the department’s “What is Rule Making?” webpage and watch the Rulemaking at DOH video.

To get updates about rule-making projects and other topics, subscribe to GovDelivery.

Topic – Behavioral Health Agency (BHA) and Residential Treatment Facility (RTF) Rulemaking regarding Fees

The Department of Health filed a CR-101 on July 23, 2024 (PDF) to consider amendments to BHA WAC 246-341-0365 and RTF WAC 246-337-990 related to fee updates that may be needed to adequately fund inspections, investigations, and licensing programs. The department will also consider changes to clarify and standardize language.

Information about rule-making workshops in the coming months will be sent out via GovDelivery and posted on the following webpages:

Interested in participating in the rule-making process? Subscribe to GovDelivery! Enter your email address and then under Health Systems Quality Assurance (HSQA), select Behavioral Health Integration and Residential Treatment Facilities

Topic - Substance Use Disorder facility reporting requirement – “Model Policy”

In 2024, the legislature passed Second Substitute Senate Bill (2SSB) 6228 (PDF), directing all licensed behavioral health agencies providing voluntary inpatient or residential substance use disorder treatment services or withdrawal management services to submit their policies related to the transfer or discharge of a person without the person’s consent to the Department of Health.

The department has been directed to collect these policies and, with the help of stakeholders, create a ‘model policy.’ The department has also been directed to write and adopt rules related to reporting requirements regarding the transfer or discharge of a person without the person’s consent.

In order to comply with these directions, the Department of Health will file a CR 101 to begin the process of updating the Behavioral Health Agency (BHA) Licensing and Certification regulations in chapter 246-341 WAC, developing standards for the reporting requirements. We will also request and collect policies from licensed state agencies and hold workshops to discuss the directives and rule making.

  • The “Kick-Off” meeting to discuss and plan the remaining workshops was held Monday August 19 from 11:30 a.m. to 12:30 p.m. 
  • The first workshop will be held as soon as the CR 101 is officially filed. (It is currently not anticipated that we will need more workshops until sometime in November 2024 after all the policies have been collected at which time there will be further notification).

Register for the workshop here.
    
A letter was sent to alert providers to the requirement of submitting policies related to discharge. The letter to providers is posted on our website (PDF). 

Topic – 23-hour Crisis Relief Centers for Youth

In 2024, the legislature passed E2SSB 5853 5853-S2.SL.pdf (wa.gov), amending the definition of “23-hour crisis relief center” in RCW 71.24.025 to remove the reference to adults and adding certain requirements in RCW 71.24.916 for 23-hour crisis relief centers (CRCs) that wish to serve children ages 8 and older. Section 2, subsection (2) of E2SSB 5853 directs the department to amend the licensure and certification rules for CRCs to create standards for the licensure or certification of CRCs which provide services to children.

To comply with this direction, the Department of Health filed a  CR 101 24-13-112.pdf (wa.gov) to begin the process of updating the Behavioral Health Agency (BHA) Licensing and Certification regulations in Chapter 246-341 WAC to develop standards for licensure and certification of 23-hour crisis relief centers for minors.

We will be holding rulemaking workshops:

  • The “Kick-Off” meeting to discuss and plan the remaining workshops is scheduled for Monday, August 5 from 11 a.m. to noon. 
  • The first workshop will be held September 9, from noon to 2 p.m., and will occur every Monday as needed (anticipating three to five weeks).
  • For those who are unable to attend the Monday workshops, we will be holding “review” meetings each Wednesday evening following the workshops.

Workshop Information

Kick-Off Meeting Notes and Materials

Register for the workshop. After registering, you will receive a confirmation email containing information about joining the webinar.

Please note that when you register, you may be registered for all the meetings.

Workshop #1: September 9, 2 p.m. to 4 p.m. and Review Meeting: September 11, 5:30 to 6 p.m.

Draft Language Workbook (PDF) Meeting Slides (PDF)

 

Workshop #3: September 23, 2 p.m. to 4 p.m. and Review Meeting: September 25, 5:30 to 6 p.m.

Draft Language Workbook (PDF) Meeting Slides (PDF)

Workshop #2: September 16, 2 p.m. to 4 p.m. and Review Meeting: September 18, 5:30 to 6 p.m.

Draft Language Workbook (PDF)

Topic – 23-hour Crisis Relief Centers 

In order to implement Second Substitute Senate Bill (2SSB) 5120 (PDF), the Department of Health filed a CR-101 (PDF) to consider updating the Behavioral Health Agency (BHA) Licensing and Certification Requirements in chapter 246-341 WAC to develop standards for licensure and certification of 23-hour crisis relief centers, a new type of behavioral health service that will provide mental health and substance use crisis response to adults. 

Public Hearing: the Department of Health filed a CR-102, Notice of Proposed Rulemaking, proposing to amend sections of the Behavioral Health Agency (BHA) Licensing and Certification Requirements in chapter 246-341 WAC with respect to Behavioral Health Agency (BHA) and Acute Care Hospital regulations as they relate to 23-hour crisis relief centers in Washington state.

The department will hold the public hearing regarding changes made to BHA rule (WAC 246-341), both in-person and virtual, on June 5, 2024, 12:00 p.m. Pacific Time (US and Canada).

The department will hold the public hearing regarding changes made to Acute Care Hospital rule, both in-person and virtual, on June 5, 2024, 1:15 p.m. Pacific Time (US and Canada).

CR103Ps have been filed as follows:

  • Crisis relief centers as related to behavioral health agency regulations was filed with the Code Reviser as WSR 24-17-003 on August 8, 2024.
  • Crisis relief centers as related to acute care hospitals was filed with the Code Reviser as WSR 24-17-004 on August 8, 2024.

Both forms include the rule language. The effective date of these rules is September 8, 2024.

Topic – Opioid Treatment Program (OTP) Licensing and Certification

The department filed a CR-102 proposing to update the OTP Licensing Requirements (PDF) in chapter 246-341 WAC. The public rules hearing is scheduled for December 18, 2024.  Below are instructions on how to comment on the proposed rule, registration information for the rules hearing, and supporting documents.

The department is proposing to amend chapter 246-341 WAC (PDF) to align with federal OTP regulations in 42 CFR Part 8, implement Second Engrossed Second Substitute Senate Bill (2E2SSB) 5536 (PDF) to adopt rules for fixed-site medication units to be established as part of a licensed OTP, streamline licensing and certification requirements, and remove duplicate requirements.

You may provide comments on the proposed rule using one of the following options:

Public Rules Hearing Registration Information for December 18, 2024 at 1:30 p.m.:

This public hearing will be held virtually and in-person

Register Here for the virtual Public Rules Hearing Webinar

After registering, you will receive a confirmation email containing information about joining the webinar.

In-person Option:
Department of Health
Town Center 2 Room 166/167 
111 Israel Rd. S.E. 
Tumwater, WA 98501

Supporting Documents:

To be notified about OTP rulemaking, subscribe to GovDelivery. Enter your email address and then under Health Systems Quality Assurance (HSQA), select Opioid Treatment Programs and Behavioral Health Care Integration. 

Workshop Information

Workshop #1: September 26, 2023 from 9 a.m. to 10:30 a.m.

Workshop #2: October 3, 2023 from 9 a.m. to 10:30 a.m.

Workshop #3: October 18, 2023 from 2 p.m. to 3:30 p.m.

Workshop #4: October 31, 2023 from 9 a.m. to 10:30 a.m.

Workshop #5: November 14, 2023 from 9 a.m. to 10:30 a.m.

Topic – Modernize Behavioral Health Agency Licensing and Certification Requirements

Three-phase rule-making project to modernize behavioral health agency licensing and certification requirements in chapter 246-341 WAC.

Phase 2 Information

BHA Rule Making Guidance Documents

CR-103 Documents

CR-103 (PDF) includes revised rule language, effective May 1, 2023.

Phase 3 Information

Information coming soon.