Administrative Rule Review Report  #AR08-002

Legislative Service Office

02-Jan-08

AGENCY: Department of Health.

DATE SUBMITTED: December 26, 2007.

SUBJECT: Chapter 16, Substance Abuse Standards.

NATURE OF RULES:                     Legislative and Procedural.

STATUTORY AUTHORITY:         W.S. 9-2-2701 and 16-3-101 et seq.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  The rules were not submitted in a strike and underline format as required by rules of the Secretary of State.  Otherwise, procedural compliance is apparently complete to date.  No comments were received during the public comment period.

SUMMARY OF RULES:  The Wyoming Department of Health adopted rules to amend portions of Chapter 16, Rules and Regulations for Substance Abuse Standards and to add a new Section 19 to that Chapter.  The new section 19 addresses non-clinical transitional housing.  The new rule defines operating standards for contractors providing non-clinical transitional housing, mandates the services which must be provided, guides the staffing and employment of non-clinical transitional housing personnel and specifies admission standards.  The amended rule requires all non-clinical transitional housing contractors to independently certify staff and facilities through the Department's designated agent.  The rule also allows for periodic reviews and inspections to ensure conformance with operational guidelines.  The amended rule defines "ASI," the Addiction Severity Index, defines "GAIN," the Global Assessment of Individual Needs, defines "Supportive Transitional Drug-Free Housing Services- Transitional" and replaces the word "services" with "prevention or treatment."

FINDINGS:  The rule appears to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rule be approved by the Council as submitted by the Agency but that the Council request the Governor to caution the Agency concerning the need to comply with statutory procedural requirements for adoption of rules, as noted in the rule review report.

_______________________                

Ian Shaw                                                                                 David K. Gruver

Staff Attorney                                                                         Assistant Director

IDS/