Behavioral Health Agencies (BHA) Rules in Progress

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

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:

• BHA Rules in Progress
• Residential Treatment Facilities

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 – 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.

In order 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 5th from 11:00 AM to Noon. 
• The first workshop will be held September 9th, from 12:00 PM to 2:00 PM, and will occur every Monday as needed (anticipating 3-5 weeks).
• For those who are unable to attend the Monday workshops, we will be holding “review” meetings each Wednesday evening following the workshops.

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)

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).

• CR-102 for Behavioral Health Agency (PDF)

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).

• CR-102 for Acute Care Hospital (PDF)

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 of Health filed a CR-101 (PDF) to consider amending the Behavioral Health Agency (BHA) Licensing and Certification Requirements related to OTPs in chapter 246-341 WAC to address general cleanup, clarify regulations, remove duplicate requirements, align with federal certification and treatment standards, and implement Second Engrossed Second Substitute (2E2SSB) 5536 (PDF) as it relates to adopting rules for fixed-site medication units to be established as part of a licensed OTP.

Rulemaking workshops were held from late September into November 2023. Workshop materials are posted below. The next step is to collect information about the potential cost for agencies to comply with the proposed rules. This information will be used in the next phase of rulemaking.

Proposed OTP Rule Language:

• WAC 246-341-0200 – Definitions (PDF)
• WAC 246-341-0300 – BHA General Licensing and Certification Information (PDF)
• WAC 246-341-0342 – Off-site Locations (PDF)
• WAC 246-341-1000 through -1025 – OTP Certification Standards (PDF)

To be notified regarding this process, 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.

• Agenda (PDF)
• Meeting notes (PDF)
• Meeting slides (PDF)

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

• Agenda (PDF)
• Meeting notes (PDF)
• Meeting slides (PDF)

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

• Agenda (PDF)
• Meeting notes (PDF)
• Meeting slides (PDF)

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

• Agenda (PDF)
• Draft Language - Fixed-site Medication Units (PDF)
• Meeting notes (PDF)
• Meeting slides (PDF)

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

• Agenda (PDF)
• Meeting notes (PDF)
• Meeting slides (PDF)
• Proposed draft OTP language:
  • WAC 246-341-0200 – Definitions (PDF)
  • WAC 246-341-0300 – Agency licensure and certification (PDF)
  • WAC 246-341-1000 – OTP certification standards (condensed version) (PDF)
  • WAC revisions by section for reference (PDF)

 

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

• Certification Crosswalk (PDF) – shows where previous certifications/services are now located
• Matrix of Changes (PDF) – summary of revisions by WAC section (PDF)
• Frequently Asked Questions (PDF) – questions and answers about BHA licensing and certification rule revisions 

CR-103 Documents

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

• Post Adoption Notice (PDF) – includes a summary of comments received during the public comment period and the department’s responses.
• Final Significant Legislative Rule Analysis (PDF) – includes summary of proposed rule changes and financial impact information.
• Revised BHA licensing and certification requirements (PDF) – effective May 1, 2023

Phase 3 Information

Information coming soon.