Administrative Rule Review Report  #AR09-062

Legislative Service Office

20-Oct-09

 

AGENCY:                                        Department of Health.

 

DATE SUBMITTED:                      October 5, 2009.

 

SUBJECT:                                       Chapter 1, General Provisions; Chapter 2, Organizational Requirements; Chapter 3, Standards for Mental Health Services (Reserved); Chapter 4, Description of Services and Requirements for Substance Abuse Standards; Chapter 5, Special Populations for Substance Abuse Services; Chapter 6, Prevention Services for Substance Abuse Services; and Chapter 7, Support Services for Substance Abuse Services.

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 9-2-2701(b)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:    The agency states that the rules were not submitted in a strike and underline format due to the significant amendments, so provided a synopsis as authorized by the Secretary of State's Rules on Rules[*]. However, the synopsis is not sufficient to show substantive deletions and additions.  Otherwise, procedural compliance is apparently complete to date.

 

SUMMARY OF RULES:  The Department of Health, as part of the State's substance abuse control plan, is required to adopt rules establishing standards for the effective treatment and prevention of substance abuse.  These amendments revise the Department's existing rules, which were last revised in February, 2008.  The new rules are reorganized by topic into seven chapters, covering:

1.        General provisions: defining terms used throughout the other chapters;

2.        Organizational Requirements: program reporting requirements; certification requirements for court-ordered placements; contract requirements for prevention, early intervention, recovery support and substance abuse treatment services; financial management requirements; human resources requirements;

3.        Standards for Mental Health Services (reserved);

4.        Substance Abuse Service Description and Requirements: client confidentiality and consent; clinical oversight; case management services; screening and assessment protocols; criteria for continued stay, transfer and discharge; charting; clinical staffing; DUI education programs, outpatient and day treatment standards; residential facilities physical plant requirements; detoxification services standards; and residential treatment services requirements;

5.        Special Populations: additional requirements regarding criminal justice clients, adolescents, co-occurring diagnosis clients, women's services and clients with dependent children;

6.        Prevention Services program requirements;

7.        Recovery Support Services: nonresidential and transitional drug-free housing services.

 

Several of the new chapters describe additional mental health services, provide new and revised standards for services, and prescribe additional reporting requirements for service providers.

 

FINDINGS:  It is questionable whether the agency's statement of reasons provided adequate notice to the public regarding the substance of the rule changes, as required by Tri-State Generation & Transmission Ass'n v. Environmental Quality Council, 590 P.2d 1324 (Wyo. 1979), W.S. 16-3-103(f) and the Secretary of State's Rules on Rules, Section 5(a)(iii). The rules otherwise appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:         That the Council recommend that the Governor either direct the Agency to rescind the rules as submitted in order to provide a more substantive explanation of additions to and deletions from existing rules or, at a minimum, caution the Agency concerning the need to comply with statutory requirements for adoption of rules, as noted in the rule review report.

 

 

 

 

                                                                        _______________________

                                                                        Gerald W. Laska

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        Lynda G. Cook

                                                                        Staff Attorney

 

GWL/



[*] Section 5. Proposed Rules.

(a)(iii).  If amendments are pervasive, strike and underscore are not required, but are still preferred. If strike and underscore are not used:

(A) Approval from the Attorney General’s Office must be stated on the Notice of Intent form; and

(B) The Statement of Reasons or other accompanying documents must clearly show the type of changes made and specifically include all substantive deletions and additions with appropriate citations to the sections affected.