Proposed
Proposed
Proposed
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WSR 13-02-027<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
SOCIAL AND HEALTH SERVICES<br />
(Aging and Disability Services Administration)<br />
[Filed December 20, 2012, 4:03 p.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 11-<br />
09-067.<br />
Title of Rule and Other Identifying Information: The<br />
department proposes to adopt a new chapter 388-877 WAC<br />
to establish administrative standards, and support the specific<br />
requirements for the licensing and certification of behavioral<br />
health agencies that provide mental health, chemical dependency,<br />
and/or problem and pathological gambling treatment<br />
services. This rule supports the program-specific rules the<br />
department is proposing, at the same time, for a new chapter<br />
388-877A WAC for mental health, chapter 388-877B WAC<br />
for chemical dependency, and chapter 388-877C WAC for<br />
problem and pathological gambling.<br />
SECTIONS IN NEW CHAPTER 388-877 WAC:<br />
Section One—Behavioral health services—Purpose and<br />
scope.<br />
WAC 388-877-0100 Behavioral health services—Purpose<br />
and scope.<br />
Section Two—Behavioral health services—Definitions.<br />
WAC 388-877-0200 Behavioral health services—Definitions.<br />
Section Three—Behavioral health services—Agency<br />
licensure and certification.<br />
WAC 388-877-0300 Agency licensure—General information,<br />
388-877-0305 Agency licensure—Application, 388-<br />
877-0310 Agency licensure—Deeming, 388-877-0315<br />
Agency licensure—Renewals, 388-877-0320 Agency licensure—On-site<br />
reviews and plans of correction, 388-877-0325<br />
Agency licensure and program-specific certification—<br />
Approvals and provisional approvals, 388-877-0330 Agency<br />
licensure—Effective dates, 388-877-0335 Agency licensure<br />
and program-specific certification—Denials, suspensions,<br />
restrictions, revocations, and penalties, 388-877-0340<br />
Agency licensure—Adding a branch site, 388-877-0345<br />
Agency licensure and program-specific certification—Adding<br />
a new service, 388-877-0350 Agency licensure—Change<br />
in ownership, 388-877-0355 Agency licensure—Change in<br />
location, 388-877-0360 Agency licensure and program-specific<br />
certification—Facility remodel, 388-877-0365 Agency<br />
licensure and program-specific certification—Fee requirements,<br />
and 388-877-0370 Agency licensure and programspecific<br />
certification—Appealing a department decision.<br />
Section Four—Behavioral health services—Agency<br />
administration.<br />
WAC 388-877-0400 Agency administration—Governing<br />
body requirements, 388-877-0410 Agency administration—Administrator<br />
key responsibilities, 388-877-0420<br />
Agency administration—Policies and procedures, and 388-<br />
877-0430 Agency administration—Treatment facility<br />
requirements.<br />
Section Five—Behavioral health services—Personnel.<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
WAC 388-877-0500 Personnel—Agency policies and<br />
procedures, 388-877-0510 Personnel—Agency record<br />
requirements, 388-877-0520 Personnel—Agency requirements<br />
for supervision of trainees and interns, and 388-877-<br />
0530 Personnel—Agency requirements for volunteers and<br />
student practicum.<br />
Section Six—Behavioral health services—Clinical.<br />
WAC 388-877-0600 Clinical—Individual rights, 388-<br />
877-0610 Clinical—Initial assessment, 388-877-0620 Clinical—Individual<br />
service plan, 388-877-0630 Clinical—Individual<br />
clinical record system, 388-877-0640 Clinical—<br />
Record content, and 388-877-0650 Clinical—Access to clinical<br />
records.<br />
Hearing Location(s): Office Building 2, Lookout Room,<br />
DSHS Headquarters, 1115 Washington, Olympia, WA 98504<br />
(public parking at 11th and Jefferson. A map is available at<br />
http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.<br />
html), on February 26, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: Not earlier than February<br />
27, 2013.<br />
Submit Written Comments to: DSHS Rules Coordinator,<br />
P.O. Box 45850, Olympia, WA 98504, e-mail DSHS<br />
RPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185,<br />
by 5:00 p.m. on February 26, 2013.<br />
Assistance for Persons with Disabilities: Contact Jennisha<br />
Johnson, DSHS rules consultant, by January 15, 2013,<br />
TTY (360) 664-6178 or (360) 664-6094 or by e-mail at<br />
jennisha.johnson@dshs.wa.gov.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The new rules in<br />
chapter 388-877 WAC allow for a single set of agency<br />
administrative, personnel, and clinical policies and procedures<br />
that address specific treatment populations and levels<br />
of care. The rules will provide standardization to all behavioral<br />
health services programs, provide an agency with a<br />
streamlined certification and/or licensure process for mental<br />
health, chemical dependency, and/or problem and pathological<br />
gambling treatment programs, and eliminate the need for<br />
multiple audits when the agency provides more than one<br />
behavioral health service.<br />
Reasons Supporting Proposal: The rules support the following:<br />
Clinical staff competency, individual rights, an initial<br />
assessment, a treatment service plan and treatment service<br />
plan review, clinical documentation, a discharge plan, a<br />
continuing care plan, patient records, a complaint procedure,<br />
and quality management. In addition, the rules merge and<br />
place into one section definitions that apply to the general<br />
behavioral health services administrative rules and the program-specific<br />
rules for mental health, chemical dependency,<br />
and problem and pathological gambling services.<br />
Statutory Authority for Adoption: Chapters 70.02,<br />
70.96A, 71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090,<br />
43.20A.890; 42 C.F.R. Part 8.<br />
Statute Being Implemented: Chapters 70.02, 70.96A,<br />
71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090, 43.20A.-<br />
890; 42 C.F.R. Part 8.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: DSHS, governmental.<br />
[ 1 ] <strong>Proposed</strong>
WSR 13-02-027 Washington State Register, Issue 13-03<br />
Name of Agency Personnel Responsible for Drafting:<br />
Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330,<br />
(360) 725-1342; Implementation and Enforcement: Pete<br />
Marburger, P.O. Box 45330, Olympia, WA 98504-5330,<br />
(360) 725-1513.<br />
A small business economic impact statement has been<br />
prepared under chapter 19.85 RCW.<br />
Small Business Economic Impact Statement<br />
SUMMARY OF PROPOSED RULES: DSHS (the department's)<br />
division of behavioral health and recovery (DBHR) is<br />
proposing new chapter 388-877 WAC, Behavioral health services<br />
administrative requirements.<br />
The purpose and scope of this chapter is to establish<br />
administrative standards, and support the specific requirements<br />
for the licensing and certification of behavioral health<br />
agencies that provide chemical dependency, mental health,<br />
and/or problem and pathological gambling treatment services.<br />
Chapter 388-877 WAC:<br />
(1) Allows for a single set of agency administrative, personnel,<br />
and clinical policies and procedures that address specific<br />
treatment populations and levels of care.<br />
(2) Supports clinical staff competency, individual rights,<br />
an initial assessment, a treatment service plan and treatment<br />
service plan review, clinical documentation, a discharge plan,<br />
a continuing care plan, patient records, a complaint procedure,<br />
and quality management.<br />
(3) Supports the program-specific rules in proposed<br />
chapter 388-877A WAC for mental health, chapter 388-877B<br />
WAC for chemical dependency, and chapter 388-877C WAC<br />
for problem and pathological gambling.<br />
(4) Provides general and specific information for agency<br />
licensure and certification, including information on applications,<br />
deeming, renewals, on-site reviews and plans of correction,<br />
approvals and provisional approvals, effective dates of<br />
licensures and certification, denials, suspensions, restrictions,<br />
and revocations, adding branch sites, adding a new service,<br />
change in ownership, change in location, fee requirements,<br />
and appealing a department decision.<br />
(5) Provides general and specific governing body<br />
requirements for agencies including administrator key<br />
responsibilities, policies and procedures, and treatment facility<br />
requirements.<br />
(6) Provides general and specific personnel requirements<br />
including agency policies and procedures, agency record<br />
requirements, supervision of trainees and interns, and agency<br />
requirements for volunteers and student practicum.<br />
(7) Provides general and specific requirements for clinical<br />
requirements, including individual rights, initial assessments,<br />
individual service plans, individual records, and<br />
record content.<br />
(8) Provides a definitions section that applies to the general<br />
behavioral health services administrative rules and the<br />
program-specific rules for mental health, chemical dependency,<br />
and problem and pathological gambling services.<br />
INVOLVEMENT OF STAKEHOLDERS AND SMALL BUSI-<br />
NESSES: In September 2010, DBHR's director sent a letter to<br />
stakeholders and included a copy of DBHR's "CHARTER FOR<br />
DBHR INTEGRATED WAC CHEMICAL DEPENDENCY TREATMENT<br />
<strong>Proposed</strong> [ 2 ]<br />
AGENCIES AND COMMUNITY MENTAL HEALTH AGENCIES."<br />
This letter and charter informed stakeholders of the department's<br />
intent to codify one set of rules rather than multiple<br />
sets of rules for DBHR-licensed and/or certified agencies that<br />
treat individuals with substance use, gambling, and/or mental<br />
health conditions. A copy of this letter and the charter were<br />
posted on the DBHR internet web site. The letter invited<br />
stakeholders to attend a meeting in [at the] Yakima Conference<br />
Center on October 4, 2010, to exchange thoughts and<br />
ideas about the principles the new WAC should address. At<br />
this meeting, input was solicited and considered and e-mails<br />
to the department were encouraged. Each e-mail was<br />
responded to individually.<br />
On December 17, 2010, DBHR invited fifteen members<br />
from the Community Partner Advisory Group to Olympia to<br />
discuss stakeholder participation in the drafting of this rule.<br />
DBHR solicited and addressed stakeholder concerns at this<br />
meeting.<br />
The department filed a CR-101 (preproposal statement<br />
of inquiry) under WSR 11-09-067 on April 19, 2011. On<br />
April 27, 2011, copies of the CR-101 were sent to tribal leaders<br />
and all stakeholders and providers listed in DBHR's listserv<br />
data base.<br />
DBHR contracted with Northwest Resource Associates<br />
(NWRA) of Seattle to facilitate stakeholder and DBHR meetings<br />
and the drafting/content of the new rules. NWRA interviewed<br />
potential stakeholders from a list provided by DBHR<br />
of possible work group members. Volunteer participates<br />
[participants] for three work groups representing agencies<br />
statewide that provide chemical dependency, mental health,<br />
and/or problem and pathological gambling treatment program<br />
services were assembled to draft the rules. Three independent<br />
facilitators were contracted by NWRA to represent<br />
each work group in the following areas: (1) Agency licensure/certification<br />
and personnel; (2) agency administration;<br />
and (3) clinical.<br />
A second statewide stakeholder evening meeting was<br />
hosted on June 9, 2011, at the Yakima Convention Center.<br />
NWRA and DBHR staff provided a general overview of the<br />
project charter and the project's goals and timeline. Stakeholders<br />
were invited to ask questions and offer comments and<br />
suggestions.<br />
On June 14, 2011, at the Criminal Justice Center in Burien,<br />
Washington, NWRA hosted the first of several all-day<br />
meetings attended by volunteer members of the three work<br />
groups and DBHR staff. The groups worked on drafting the<br />
rules and NWRA distributed the drafts for review and discussion<br />
at the next meeting.<br />
Several all-day meetings hosted by NWRA were held at<br />
Renton Technical School, Renton, Washington. The work<br />
groups continued to draft language and NWRA distributed<br />
the drafts to all participants, soliciting review and input.<br />
On October 3, 2011, a third statewide stakeholder meeting<br />
was held at the Yakima Convention Center to allow<br />
stakeholders attending the Co-Occurring Disorder Conference<br />
to review the draft rule and participate in discussion of<br />
the rule's content.<br />
On April 23, 2012, work group participants were invited<br />
to Lacey, Washington, to discuss the final draft of the behavioral<br />
health services administrative proposed rules. Twelve
workgroup members attended this meeting and three<br />
appeared by conference call. The draft rules were distributed<br />
and discussed and several comments were offered and discussed.<br />
In April 2012, the department sent an external review<br />
draft of the proposed language to all interested stakeholders<br />
who responded to the CR-101 (preproposal statement of<br />
inquiry) and other reviewers, including tribal leaders. The<br />
department responds to each comment received.<br />
SMALL BUSINESS ECONOMIC IMPACT STATEMENT<br />
(SBEIS) - DETERMINATION OF NEED: Chapter 19.85 RCW,<br />
the Regulatory Fairness Act, requires that the economic<br />
impact of proposed regulations be analyzed in relation to<br />
small businesses and it outlines the information that must be<br />
included in an SBEIS. Preparation of an SBEIS is required<br />
when a proposed rule has the potential of placing a disproportionate<br />
economic impact on small businesses. The statute<br />
defines small businesses as those business entities that<br />
employ fifty or fewer people and are independently owned<br />
and operated.<br />
Preparation of an SBEIS is required when a proposed<br />
rule has the potential of placing a disproportionate economic<br />
impact on small businesses. The statute outlines information<br />
that must be included in an SBEIS.<br />
These proposed rules impact behavioral health agencies<br />
that provide chemical dependency treatment services, mental<br />
health treatment services, and/or problem and pathological<br />
gambling treatment services. These businesses fall under the<br />
North American Industry Classification System (NAICS)<br />
codes:<br />
• 622210 - Psychiatric and substance abuse hospitals<br />
• 623220 - Residential substance abuse facilities<br />
• 621420 - Outpatient substance abuse and mental<br />
health centers<br />
• 623220 - Residential mental health facilities<br />
• 621330 - Problem and pathological gambling<br />
The department previously determined that there were<br />
one hundred twenty-six existing for-profit chemical dependency<br />
treatment agencies that meet the criteria for small businesses<br />
under RCW 19.85.020. Subsequently, the department<br />
decided to consider economic impacts on all for-profit and<br />
publicly funded department-certified chemical dependency<br />
treatment agencies. Therefore, the industry analysis includes<br />
five hundred eighty certified chemical dependency treatment<br />
agencies. The department further determined there are about<br />
one hundred eighty business entities that provide mental<br />
health treatment services at four hundred twenty specific<br />
locations. Of the estimated one thousand services sites providing<br />
chemical dependency and mental health treatment services,<br />
about one hundred sixty business organizations maintain<br />
both a certificate for chemical dependency treatment services<br />
and a license for mental health treatment services. The<br />
department also determined there are twenty-six certified<br />
entities providing problem and pathological gambling treatment<br />
services. Of the twenty-six entities, four are private<br />
individual providers. The other twenty-two sites are located<br />
within certified chemical dependency treatment agencies.<br />
EVALUATION OF PROBABLE COSTS AND PROBABLE<br />
BENEFITS: Since the proposed rules in the new chapter<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
"make significant amendments to a policy or regulatory program"<br />
under RCW 34.05.328 (5)(c)(iii), the department has<br />
determined the proposed rules to be "significant" as defined<br />
by the Washington state legislature.<br />
As required by RCW 34.05.328 (1)(d), the department<br />
has analyzed the probable costs and probable benefits of the<br />
proposed amendments, taking into account both the qualitative<br />
and quantitative benefits and costs. The department's<br />
analysis shows the costs and benefits of the proposed rules to<br />
those impacted by the rules. Impacted groups include:<br />
• DBHR-certified chemical dependency service programs<br />
owned by nonprofit businesses, for-profit<br />
businesses, public nonprofit providers, and tribal<br />
programs.<br />
• DBHR-licensed and/or -certified mental health service<br />
programs owned by nonprofit businesses, public<br />
nonprofit providers, or tribal programs.<br />
• Sole proprietors that choose to become a certified<br />
problem and pathological gambling treatment program.<br />
COSTS: Under chapter 19.85 RCW, DBHR has considered<br />
annual costs to small businesses that are $50 or more per<br />
client. The department's analysis revealed that there are costs<br />
for the proposed new rules in chapter 388-877 WAC that will<br />
affect treatment services provided at approximately one thousand<br />
sites that meet the definition of a small business.<br />
Agencies that wish to become department-licensed or -<br />
certified to provide behavioral health services must submit<br />
either a new agency or added service application to the<br />
department's DBHR.<br />
The proposed chapter 388-877 WAC includes the application<br />
requirements for agencies that are not currently certified<br />
or licensed by the department, and for those that are currently<br />
certified or licensed under chapter 388-816, 388-805,<br />
or 388-865 WAC. The department is concurrently proposing<br />
to repeal these chapters and adopt new program-specific rules<br />
that regulate outpatient mental health, chemical dependency,<br />
and problem and pathological gambling programs. These<br />
new rules are being proposed as chapters 388-877A, 388-<br />
877B, and 388-877C WAC.<br />
Costs include:<br />
(1) A one-time cost for developing a policy and procedures<br />
manual that meets the requirements of the new rules.<br />
(2) Updating/creating required forms.<br />
(3) Assuring facility meets structural accessibility for<br />
current mental health programs.<br />
(4) Complying with application requirements for added<br />
services or branch sites.<br />
(5) Notification requirements of facility remodeling,<br />
approval for change of ownership, and voluntary program<br />
suspension or closure.<br />
(6) Updating electronic health records.<br />
The estimated costs for the agency's policy and procedures<br />
manual would be $0 to $5,000, depending on the<br />
agency's current chemical dependency or mental health certification<br />
or licensure. The costs would vary depending on the<br />
number and complexity of the licensed and/or certified programs<br />
and if the agency contracts with other entities to implement<br />
the programs and/or hires its own staff.<br />
[ 3 ] <strong>Proposed</strong>
WSR 13-02-027 Washington State Register, Issue 13-03<br />
The following table identifies the types of programs and<br />
corresponding changes and estimated costs an agency may<br />
incur to implement these rules:<br />
Types of Programs<br />
Certified chemical<br />
dependency program<br />
Licensed and/or certified<br />
mental health<br />
programs<br />
Certified problem<br />
and pathological<br />
gambling programs<br />
(applies only if the<br />
program is not part of<br />
a certified chemical<br />
dependency program<br />
or licensed<br />
mental health program)<br />
•<br />
•<br />
•<br />
•<br />
•<br />
•<br />
•<br />
•<br />
•<br />
Probable Required Changes<br />
and/or Revisions<br />
Policy and procedures<br />
manual<br />
Form revision<br />
Electronic health record<br />
revision<br />
Policy and procedures<br />
manual<br />
Form revision<br />
Electronic health record<br />
revision<br />
Policy and procedures<br />
manual<br />
Form revision<br />
Electronic health record<br />
revision<br />
Estimated<br />
Costs<br />
$0 - $5,000<br />
$0 - $5,000<br />
$0 - $5,000<br />
Mitigating Costs: Costs are determined to be minor<br />
under chapter 19.85 RCW. For the rules of DSHS, "minor<br />
cost" means cost per business that is less than fifty dollars of<br />
annual cost per client or other appropriate unit of service.<br />
The department plans to revise forms, as necessary, and<br />
post on the DBHR web site for agencies to download and<br />
copy. The cost for manual changes/revisions will be a onetime<br />
cost to the agency. The department will have staff available<br />
to answer any questions an agency may have in order to<br />
implement these rules. Agencies that choose to serve more<br />
than one client population will no longer incur costs to maintain<br />
multiple sets of policies and procedures, clinical records,<br />
and separate forms. Clients served by these agencies will be<br />
able to receive more seamless care.<br />
BENEFITS: The benefits to the implementation of these<br />
rules include individual care, programmatic, administrative,<br />
and improved cross-systems collaboration.<br />
(1) The new rules in chapter 388-877 WAC will integrate<br />
similar functions, such as individual service plans and<br />
rules for agency administrative, personnel, and clinical<br />
requirements.<br />
(2) The rules provide an agency with a streamlined certification<br />
and/or licensure process for chemical dependency,<br />
mental health, and/or problem and pathological gambling<br />
treatment programs.<br />
(3) The rules allow an individual needing more than one<br />
behavioral health treatment service to have one client record.<br />
(4) The rules allow a single audit for all behavioral<br />
health services programs provided by an agency, and eliminate<br />
the need for multiple audits for agencies providing more<br />
than one behavioral health service.<br />
(5) The rules provide standardization to all behavioral<br />
health services programs.<br />
(6) The rules merge and place into one section definitions<br />
that apply to the general behavioral health services<br />
administrative rules and the program-specific rules for men-<br />
<strong>Proposed</strong> [ 4 ]<br />
tal health, chemical dependency, and problem and pathological<br />
gambling services.<br />
The department believes that new jobs will be created as<br />
a result of small businesses complying with these rules. This<br />
opinion is supported by department-hosted stakeholder/provider<br />
discussions held at statewide stakeholder meetings and<br />
by several all-day work group sessions attended by volunteer<br />
stakeholders and DBHR staff members.<br />
The rules in chapter 388-877 WAC require that all persons<br />
providing or supervising clinical services in a licensed<br />
or certified agency have an active department of health<br />
(DOH) license, registration or certification. If an agency<br />
elects to serve individuals in need of chemical dependency,<br />
mental health and/or problem and pathological gambling services,<br />
it must have the appropriate DOH-credentialed staff to<br />
provide the specific service(s).<br />
Agencies that elect to provide a combination of behavioral<br />
health services under chapter 388-877 WAC must<br />
employ or contract DOH-credentialed chemical dependency<br />
staff and mental health professionals to meet the program<br />
requirements they are licensed and/or certified to provide.<br />
• "Agency" means an agency or facility operated,<br />
licensed, or certified by the state of Washington.<br />
• "Mental health professional" includes:<br />
(1) A psychiatrist, psychologist, psychiatric nurse or<br />
social worker as defined in chapters 71.05 and 71.34<br />
RCW.<br />
(2) A person with a master's degree or further<br />
advanced degree in counseling or one of the social<br />
sciences form an accredited college or university<br />
who has at least two years of experience in direct<br />
treatment of persons with mental illness or emotional<br />
disturbance, that was gained under the supervision<br />
of a mental health professional and is recognized<br />
by DBHR.<br />
CONCLUSION: The department has given careful consideration<br />
to the impact of proposed rules in chapter 388-877<br />
WAC on small businesses. To comply with the Regulatory<br />
Fairness Act (chapter 19.85 RCW), the department has analyzed<br />
impacts on small businesses and proposed ways to mitigate<br />
costs. The department has determined the costs to be<br />
minor and has determined the probable benefits outweigh the<br />
probable costs.<br />
Please contact Kathy Sayre if you have any questions at<br />
(360) 725-1342, toll free at 1-877-301-4557, or by e-mail at<br />
kathy.sayre@dshs.wa.gov.<br />
A copy of the statement may be obtained by contacting<br />
Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330,<br />
phone (360) 725-1342, fax (360) 725-2280, e-mail kathy.<br />
sayre@dshs.wa.gov.<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
contacting Kathy Sayre, P.O. Box 45330, Olympia, WA<br />
98504-5330, phone (360) 725-1342, fax (360) 725-2280, email<br />
kathy.sayre@dshs.wa.gov.<br />
December 20, 2012<br />
Katherine I. Vasquez<br />
Rules Coordinator
Chapter 388-877 WAC<br />
BEHAVIORAL HEALTH SERVICES ADMINISTRA-<br />
TIVE REQUIREMENTS<br />
Section One—Behavioral Health Services—Purpose and<br />
Scope<br />
NEW SECTION<br />
WAC 388-877-0100 Behavioral health services—<br />
Purpose and scope. The rules in chapter 388-877 WAC:<br />
(1) Establish the following for agencies that provide<br />
behavioral health services:<br />
(a) Licensure and certification requirements;<br />
(b) Agency administrative requirements;<br />
(c) Agency personnel requirements; and<br />
(d) Agency clinical policies and procedures.<br />
(2) Support the specific program rules in chapter 388-<br />
877A WAC for mental health, chapter 388-877B WAC for<br />
chemical dependency, and chapter 388-877C WAC for problem<br />
and pathological gambling.<br />
Section Two—Behavioral Health Services—Definitions.<br />
NEW SECTION<br />
WAC 388-877-0200 Behavioral health services—<br />
Definitions. The definitions in this section contain words and<br />
phrases used in chapter 388-877 WAC for behavioral health<br />
services programs. These definitions also apply to the program-specific<br />
rules for mental health services in chapter 388-<br />
877A WAC, chemical dependency rules in chapter 388-877B<br />
WAC, and problem and pathological gambling rules in chapter<br />
388-877C WAC.<br />
"Administrative (fair) hearing" means a proceeding<br />
before an administrative law judge that gives a party an<br />
opportunity to be heard in disputes about DSHS programs<br />
and services.<br />
"Administrator" means the designated person responsible<br />
for the operation of the licensed treatment agency<br />
and/or certified treatment service.<br />
"Adult" means an individual eighteen years of age or<br />
older. For an individual eligible for the medicaid program,<br />
adult means an individual twenty-one years of age or older.<br />
"Agency" means an entity licensed by the department to<br />
provide behavioral health services.<br />
"Assessment" means the process of obtaining all pertinent<br />
bio-psychosocial information, as identified by the individual,<br />
and family and collateral sources, for determining a<br />
diagnosis and to plan individualized services and supports.<br />
"Behavioral health" means the prevention, treatment<br />
of, and recovery from chemical dependency, mental health<br />
and/or problem and pathological gambling disorders.<br />
"Branch site" means a physically separate licensed site,<br />
governed by a parent organization, where qualified staff provides<br />
certified treatment services.<br />
"Care coordination" means a process-oriented activity<br />
to facilitate ongoing communication and collaboration to<br />
meet multiple needs of an individual. Care coordination<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
includes facilitating communication between the family, natural<br />
supports, community resources, and involved providers<br />
and agencies, organizing, facilitating and participating in<br />
team meetings, and providing for continuity of care by creating<br />
linkages to and managing transitions between levels of<br />
care.<br />
"Case management" means the services provided to<br />
assist individuals residing in a community setting or transitioning<br />
to a community setting to gain access to needed medical,<br />
social, educational, entitlements and other applicable<br />
services.<br />
"Certified peer counselor" means a current or former<br />
recipient of behavioral health services, who has met the experience<br />
and training requirements of, satisfactorily passed the<br />
examination given by, and is recognized by the division of<br />
behavioral health and recovery as a certified peer counselor<br />
under WAC 388-865-0107.<br />
"Certified" means the status given to chemical dependency,<br />
mental health, and problem and pathological gambling<br />
program-specific services.<br />
"Certified problem and pathological gambling treatment<br />
provider" means a Washington state certified gambling<br />
counselor (WSCGC) or a nationally certified gambling<br />
counselor (NCGC), certified by the Washington State Gambling<br />
Counselor Certification Committee or the International<br />
Gambling Counselor Certification Board to provide problem<br />
and pathological gambling treatment services.<br />
"Change in ownership" means one of the following:<br />
(1) The ownership of a licensed behavioral health agency<br />
changes from one distinct legal owner to another distinct<br />
legal owner;<br />
(2) The type of business changes from one type to<br />
another, such as, from a sole proprietorship to a corporation;<br />
or<br />
(3) The current ownership takes on a new owner of five<br />
per cent or more of the organizational assets.<br />
"Clinical record" means a paper and/or electronic file<br />
that is maintained by the behavioral health agency and contains<br />
pertinent psychological, medical, and clinical information<br />
for each individual served.<br />
"Clinical supervision" means regular and periodic<br />
activities performed by an appropriate level of professional<br />
for clinical staff. Clinical supervision includes review of<br />
assessment, diagnostic formulation, treatment planning,<br />
progress toward completion of care, identification of barriers<br />
to care, continuation of services, authorization of care, and<br />
the direct observation of the delivery of clinical care.<br />
"Community mental health agency (CMHA)" means<br />
a behavioral health agency certified by the department to provide<br />
a mental health service.<br />
"Community relations plan" means a plan to minimize<br />
the impact of an opiate substitution treatment program as<br />
defined by the Center for Substance Abuse Guidelines for the<br />
Accreditation of Opioid Treatment Programs, section<br />
2.C.(4).<br />
"Complaint" means the expression of a dissatisfaction<br />
with a service or program which may be investigated by the<br />
department.<br />
"Consent" means agreement given by an individual<br />
after the person is provided with a description of the nature,<br />
[ 5 ] <strong>Proposed</strong>
WSR 13-02-027 Washington State Register, Issue 13-03<br />
character, anticipated results of proposed treatments and the<br />
recognized serious possible risks, complications, and anticipated<br />
benefits, including alternatives and nontreatment.<br />
Informed consent must be provided in a terminology that the<br />
person can reasonably be expected to understand.<br />
"Criminal background check" means a search for any<br />
record of an individual's conviction or civil adjudication<br />
related to crimes against children or other persons, including<br />
developmentally disabled and vulnerable adults. A background<br />
check includes a search and review of current and<br />
past background check applicant self-disclosures, Washington<br />
state patrol criminal history data, Washington courts<br />
criminal history data, civil adjudication proceedings, department<br />
of health disciplinary board final decisions, out-of-state<br />
court or law enforcement records, and department of corrections<br />
information. A background check may include a<br />
national fingerprint-based background check, including a<br />
federal bureau of investigation criminal history search.<br />
"Crisis" means an actual or perceived urgent or emergent<br />
situation that occurs when an individual's stability or<br />
functioning is disrupted and there is an immediate need to<br />
resolve the situation to prevent a serious deterioration in the<br />
individual's mental or physical health, or to prevent referral to<br />
a significantly higher level of care.<br />
"Critical incident" means any one of the following<br />
events that must be reported to the division:<br />
(1) Any death, serious injury, or sexual assault that<br />
occurs at an agency that is licensed by the department;<br />
(2) Alleged abuse or neglect of an individual receiving<br />
services, that is of a serious or emergency nature, by an<br />
employee, volunteer, licensee, contractor, or another individual<br />
receiving services;<br />
(3) A natural disaster, such as an earthquake, volcanic<br />
eruption, tsunami, urban fire, flood, or outbreak of communicable<br />
disease that presents substantial threat to facility operation<br />
or client safety;<br />
(4) A bomb threat;<br />
(5) Theft or loss of data in any form regarding an individual<br />
receiving services, such as a missing or stolen computer,<br />
or a missing or stolen computer disc or flash drive;<br />
(6) Suicide attempt at the facility;<br />
(7) An error in program-administered medication at an<br />
outpatient facility that results in adverse effects for the individual<br />
and requires urgent medical intervention; and<br />
(8) Any media event regarding an individual receiving<br />
services, or regarding a staff member or owner(s) of the<br />
agency.<br />
"Cultural competence" means the ability to recognize<br />
and respond to health-related beliefs and cultural values, disease<br />
incidence and prevalence, and treatment efficacy.<br />
Examples of cultural competent care include striving to overcome<br />
cultural, language, and communications barriers, providing<br />
an environment in which individuals from diverse cultural<br />
backgrounds feel comfortable discussing their cultural<br />
health beliefs and practices in the context of negotiating treatment<br />
options, encouraging individuals to express their spiritual<br />
beliefs and cultural practices, and being familiar with and<br />
respectful of various traditional healing systems and beliefs<br />
and, where appropriate, integrating these approaches into<br />
treatment plans.<br />
<strong>Proposed</strong> [ 6 ]<br />
"Deemed" means a status that may be given to a<br />
licensed behavioral health agency as a result of the agency<br />
receiving accreditation by a recognized behavioral health<br />
accrediting body which has a current agreement with DBHR.<br />
"Department" means the Washington state department<br />
of social and health services.<br />
"Designated Chemical Dependency Specialist" means<br />
a person designated by the county alcoholism and/or other<br />
drug addiction program coordinator designated under RCW<br />
70.96A.310 to perform the commitment duties described in<br />
chapters 70.96A and 70.96B RCW;<br />
"Designated Mental Health Professional (DMHP)"<br />
means a mental health professional designated by the county<br />
or other authority authorized in rule to perform duties under<br />
the involuntary treatment act as described in RCW 10.77.010,<br />
71.05.020, 71.24.025 and 71.34.020.<br />
"Disability" means a physical or mental impairment<br />
that substantially limits one or more major life activities of<br />
the individual and the individual:<br />
(1) Has a record of such an impairment; or<br />
(2) Is regarded as having such impairment.<br />
"Division" means the division of behavioral health and<br />
recovery.<br />
"Division of behavioral health and recovery" means<br />
the division within the department of social and health services<br />
(formerly the mental health division and the division of<br />
alcohol and substance abuse) that administers mental health,<br />
problem gambling and substance abuse programs authorized<br />
by chapters 43.20A, 71.05, 71.24, 71.34, and 70.96A RCW.<br />
"Essential requirement" means a critical element of<br />
behavioral health treatment service delivery that must be<br />
present in order to provide effective treatment services. Critical<br />
elements include assessment, treatment planning and<br />
documentation of an individual's progress in treatment.<br />
"Governing body" means the entity with legal authority<br />
and responsibility for the operation of the behavioral<br />
health agency, to include its officers, board of directors or the<br />
trustees of a corporation or limited liability company.<br />
"Grievance" means an expression of dissatisfaction<br />
made by or on behalf of a publicly funded individual and<br />
referred to the agency or regional support network (RSN) for<br />
resolution.<br />
"Individual" means a person receiving treatment services<br />
from a licensed behavioral health agency.<br />
"Less restrictive alternative (LRA)" means court<br />
ordered outpatient treatment in a setting less restrictive than<br />
total confinement.<br />
"Licensed" means the status given to behavioral health<br />
agencies by the department under its authority to license and<br />
certify mental health programs chapters 71.05, 71.34, 71.24<br />
RCW and its authority to certify chemical dependency treatment<br />
programs chapter 70.96A RCW.<br />
"Medical practitioner" means a physician, advance<br />
registered nurse practitioner (ARNP), or certified physician's<br />
assistant. An ARNP and a midwife with prescriptive authority<br />
may perform practitioner functions related only to specific<br />
specialty services.<br />
"Medication administration" means the direct application<br />
of a medication or device by ingestion, inhalation,<br />
injection or any other means, whether self-administered by a
esident, or administered by a guardian (for a minor), or an<br />
authorized healthcare provider.<br />
"Mental health professional (MHP)" means a designation<br />
given by the department to an agency staff member<br />
who is:<br />
(1) A psychiatrist, psychologist, psychiatric advanced<br />
registered nurse practitioner (ARNP), or social worker as<br />
defined in chapters 71.05 and 71.34 RCW;<br />
(2) A person with a master's degree or further advanced<br />
degree in counseling or one of the social sciences from an<br />
accredited college or university who has at least two years of<br />
experience in direct treatment of persons with mental illness<br />
or emotional disturbance, that was gained under the supervision<br />
of a mental health professional and is recognized by the<br />
department;<br />
(3) A person who meets the waiver criteria of RCW<br />
71.24.260, which was granted prior to 1986;<br />
(4) A person who had an approved waiver to perform the<br />
duties of a mental health professional (MHP), that was<br />
requested by the regional support network (RSN) and granted<br />
by the mental health division prior to July 1, 2001; or<br />
(5) A person who has been granted a time-limited exception<br />
of the minimum requirements of a mental health professional<br />
by the department consistent with WAC 388-865-<br />
0265.<br />
"Minor" means an individual who is not yet eighteen<br />
years of age.<br />
"Offsite" means the provision of services by a provider<br />
from a licensed behavioral health agency at a location where<br />
the assessment and/or treatment is not the primary purpose of<br />
the site, such as in schools, hospitals, long term care facilities,<br />
correctional facilities, an individual's residence, the community,<br />
or housing provided by or under an agreement with the<br />
agency.<br />
"Outpatient services" means behavioral health treatment<br />
services provided to an individual in a nonresidential<br />
setting.<br />
"Patient placement criteria (PPC)" means admission,<br />
continued service, and discharge criteria found in the patient<br />
placement criteria (PPC) for the treatment of substancerelated<br />
disorders as published by the American Society of<br />
Addiction Medicine (ASAM).<br />
"Probation" means a licensing or certification status<br />
resulting from a finding of deficiencies that requires immediate<br />
corrective action to maintain licensure or certification.<br />
"Progress notes" means permanent written or electronic<br />
record of services and supports provided to an individual<br />
documenting the individual's participation in, and<br />
response to, treatment, progress in recovery, and progress<br />
toward intended outcomes.<br />
"Recovery" means a process of change through which<br />
an individual improves their health and wellness, lives a selfdirected<br />
life, and strives to reach their full potential.<br />
"Relocation" means a physical change in location from<br />
one address to another.<br />
"Remodeling" means expanding existing office space<br />
to additional office space at the same address, or remodeling<br />
interior walls and space within existing office space to a<br />
degree that accessibility to or within the facility is impacted.<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
"Summary suspension" means the immediate suspension<br />
of a facility's license and/or program-specific certification<br />
by the department pending administrative proceedings<br />
for suspension, revocation, or other actions deemed necessary<br />
by the department.<br />
"Supervision" means the regular monitoring of the<br />
administrative, clinical, or clerical work performance of a<br />
staff member, trainee, student, volunteer, or employee on<br />
contract by a person with the authority to give direction and<br />
require change.<br />
"Suspend" means termination of a behavioral health<br />
agency's license or program specific certification to provide<br />
behavioral health treatment program service for a specified<br />
period or until specific conditions have been met and the<br />
department notifies the agency of the program's reinstatement.<br />
"Vulnerable adult" means an individual who receives<br />
services from the department and has at least one of the following<br />
characteristics:<br />
(1) A vulnerable adult as defined in chapter 74.34 RCW;<br />
and<br />
(2) An individual admitted for detoxification or detained<br />
or committed to an involuntary treatment facility that is certified<br />
by the division.<br />
"Youth" means an individual who is seventeen years of<br />
age or younger.<br />
Section Three—Behavioral Health Services—Agency<br />
Licensure and Certification<br />
NEW SECTION<br />
WAC 388-877-0300 Agency licensure—General<br />
information. The department licenses agencies to provide<br />
behavioral health treatment services. To gain and maintain<br />
licensure, an agency must meet the requirements of chapter<br />
388-877 WAC, applicable local and state rules, and state and<br />
federal statutes. In addition, the agency must meet the specific<br />
program requirements of chapter 388-877A WAC for<br />
mental health, chapter 388-877B WAC for chemical dependency,<br />
and chapter 388-877C WAC for problem and pathological<br />
gambling.<br />
(1) An agency currently accredited by a national accreditation<br />
agency recognized by and having a current agreement<br />
with the department may be eligible for licensing through<br />
deeming. See WAC 388-877-0310.<br />
(2) Initial applications and renewal forms for behavioral<br />
health agency licensure or certification may be downloaded<br />
at http://www.dshs.wa.gov/dbhr/daforms.shtml. Completed<br />
application packets, forms, and requests for deeming or other<br />
services should be mailed to: Division of Behavioral Health<br />
and Recovery, P.O. Box 45320, Olympia, WA 98504 5320.<br />
(3) An agency must report to the department any changes<br />
that occur during the initial or renewal licensing or certification<br />
process. The department may request a copy of additional<br />
disclosure statements or background inquiries if there<br />
is reason to believe that offenses specified under RCW<br />
43.43.830 have occurred since the original or renewal application<br />
was submitted.<br />
[ 7 ] <strong>Proposed</strong>
WSR 13-02-027 Washington State Register, Issue 13-03<br />
(4) The department may grant an exemption or waiver<br />
from compliance with specific licensing or program certification<br />
requirements if the exemption does not violate an existing<br />
state, federal, or tribal law.<br />
(a) To request an exemption to a rule in this chapter, the<br />
agency must:<br />
(i) Submit the request in writing to the department;<br />
(ii) Assure the exemption request does not jeopardize the<br />
safety, health, or treatment of an individual; and<br />
(iii) Assure the exemption request does not impede fair<br />
competition of another service agency.<br />
(b) The department approves or denies an exemption<br />
request in writing and requires the agency to keep a copy of<br />
the decision.<br />
(c) Appeal rights under WAC 388-877-0370 do not<br />
apply to exemption to rule decisions.<br />
(5) In the event of an agency closure or the cancellation<br />
of a program-specific certification, the agency must provide<br />
each individual:<br />
(a) Notice of the agency closure or program cancellation<br />
at least thirty days before the date of closure or program cancellation;<br />
(b) Assistance with relocation; and<br />
(c) Information on how to access records to which the<br />
individual is entitled.<br />
Reviser's note: The typographical error in the above section occurred<br />
in the copy filed by the agency and appears in the Register pursuant to the<br />
requirements of RCW 34.08.040.<br />
NEW SECTION<br />
WAC 388-877-0305 Agency licensure—Application.<br />
To apply for licensure to provide any behavioral health service,<br />
an agency must submit an initial application that is<br />
signed by the agency's designated official.<br />
(1) The application must include the following:<br />
(a) A copy of the agency's master business license that<br />
authorizes the organization to do business in Washington<br />
state;<br />
(b) A list of the specific program services for which the<br />
agency is seeking certification;<br />
(c) A copy of the report of findings from a criminal background<br />
check of the administrator and any owner of five percent<br />
or more of the organizational assets;<br />
(d) The physical address of any agency operated facility<br />
where behavioral health services will be provided;<br />
(e) A statement assuring the agency meets American<br />
Disability Act (ADA) standards and that the facility is appropriate<br />
for providing the proposed services;<br />
(f) A copy of the policies and procedures specific to the<br />
agency;<br />
(g) A staff roster, including each staff member's credentials<br />
under department of health (DOH) rules for professional<br />
standards and licensing if credentials are required for the<br />
position;<br />
(h) A copy of a current DOH residential treatment facility<br />
certificate if the agency is providing chemical dependency<br />
residential treatment or mental health residential treatment;<br />
and<br />
(i) Payment of associated fees.<br />
<strong>Proposed</strong> [ 8 ]<br />
(2) The department conducts an on-site review as part of<br />
the initial licensing or certification process (see WAC 388-<br />
877-0320).<br />
NEW SECTION<br />
WAC 388-877-0310 Agency licensure—Deeming. (1)<br />
The department may deem an agency to be in compliance<br />
with state minimum standards for licensure and program-specific<br />
certification based on the agency being currently accredited<br />
by a national accreditation agency recognized by and<br />
having a current agreement with the department.<br />
(2) To be considered for deeming, an agency must submit<br />
a request to the department signed by the agency's designated<br />
official.<br />
(3) Deeming will be in accordance with the established<br />
written agreement between the accrediting agency and the<br />
department.<br />
(4) Specific licensing and certification requirements of<br />
any:<br />
(a) State rule may only be waived through a deeming<br />
process consistent with the established written agreement<br />
between the accrediting agency and the department.<br />
(b) State or federal law will not be waived through a<br />
deeming process.<br />
(5) An agency operating under a department-issued provisional<br />
license or program-specific certification is not eligible<br />
for deeming.<br />
(6) Any service added to an agency's existing services is:<br />
(a) Considered provisional until the requirements in<br />
WAC 388-877-0345 are met and the department approves the<br />
service; and<br />
(b) Not eligible for deeming until the service has been<br />
reviewed by the accrediting agency.<br />
(7) Any branch site added to an existing agency:<br />
(a) Must meet the requirements in WAC 388-877-0340;<br />
and<br />
(b) Is not eligible for deeming until the site has been<br />
reviewed by the accrediting agency.<br />
NEW SECTION<br />
WAC 388-877-0315 Agency licensure—Renewals. A<br />
department-issued license, including program-specific certification,<br />
expires twelve months from the effective date. To<br />
renew a license or certification, an agency must submit a<br />
renewal request signed by the agency's designated official.<br />
(1) The original renewal request must:<br />
(a) Be received by the department before the expiration<br />
date of the agency's current license; and<br />
(b) Include payment of the specific renewal fee (see<br />
WAC 388-877-0365).<br />
(2) The department may conduct an on-site review as<br />
part of the renewal process (see WAC 388-877-0320).<br />
NEW SECTION<br />
WAC 388-877-0320 Agency licensure—On-site<br />
reviews and plans of correction. To obtain and maintain<br />
licensure to provide behavioral health services, including<br />
program-specific certification, each agency is subject to an
on-site review to determine if the agency is in compliance<br />
with the minimum licensure and certification standards.<br />
(1) A department review team representative(s) conducts<br />
an entrance conference with the agency and an on-site review<br />
that may include:<br />
(a) A review of:<br />
(i) Agency policies and procedures;<br />
(ii) Personnel records;<br />
(iii) Clinical records;<br />
(iv) Facility accessibility requirements;<br />
(v) The agency's internal quality management process<br />
that demonstrates how the agency evaluates program effectiveness<br />
and individual participant satisfaction; and<br />
(vi) Any other information, including the criteria in<br />
WAC 388-877-0335 (1)(b), that the department determines<br />
to be necessary to confirm compliance with the minimum<br />
standards of this chapter.<br />
(b) Interviews with:<br />
(i) Individuals served by the agency; and<br />
(ii) Agency staff members.<br />
(2) The department review team representative(s) concludes<br />
an on-site review with an exit conference that<br />
includes, if applicable:<br />
(a) A discussion of findings;<br />
(b) A statement of deficiencies requiring a plan of correction;<br />
and<br />
(c) A plan of correction signed by the agency's designated<br />
official and the department review team representative.<br />
(3) The department requires the agency to correct the<br />
deficiencies listed on the plan of correction:<br />
(a) By the negotiated time frame agreed upon by the<br />
agency and the department review team representative; or<br />
(b) Immediately if the department determines consumer<br />
health and safety concerns require immediate corrective<br />
action.<br />
NEW SECTION<br />
WAC 388-877-0325 Agency licensure and programspecific<br />
certification—Approvals and provisional<br />
approvals. (1) The department grants an initial or provisional<br />
license or program-specific certification to an agency when:<br />
(a) The application and agency policy and procedures<br />
submitted meet the requirements of WAC 388-877-0305(1);<br />
(b) An on-site review is conducted under WAC 388-877-<br />
0320 and the agency corrects any noted deficiencies within<br />
the agreed upon time frame; and<br />
(c) The department determines the agency is in compliance<br />
with the licensure and program-specific certification<br />
standards.<br />
(2) The agency must post the department-issued license<br />
or certification in a conspicuous place on the facility's premises,<br />
and, if applicable, on the agency's branch site premises.<br />
(3) See WAC 388-877-0330 for license and programspecific<br />
certification effective dates.<br />
(4) See WAC 388-877-0315 for agency requirements for<br />
renewing licensure.<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
NEW SECTION<br />
WAC 388-877-0330 Agency licensure—Effective<br />
dates. An agency's license is effective for up to twelve<br />
months from the effective date, subject to the agency maintaining<br />
compliance with the minimum license and programspecific<br />
certification standards in this chapter, and chapters<br />
388-877A, 388-877B, and 388-877C WAC.<br />
NEW SECTION<br />
WAC 388-877-0335 Agency licensure and programspecific<br />
certification—Denials, suspensions, restrictions,<br />
revocations, and penalties. (1) The department may deny<br />
issuing or renewing a license or a specific program certification,<br />
place an agency on probation, or suspend, restrict, or<br />
revoke an agency's license or specific program certification<br />
for any of the following reasons, as applicable:<br />
(a) The agency fails to meet the requirements in this<br />
chapter or other applicable state minimum standards or state<br />
and federal laws.<br />
(b) The agency owner or agency administrator:<br />
(i) Had a license or specific program certification issued<br />
by the department subsequently denied, suspended, or<br />
revoked;<br />
(ii) Was convicted of child abuse or adjudicated as a perpetrator<br />
of substantiated child abuse;<br />
(iii) Was convicted of abuse of a vulnerable adult or<br />
adjudicated as a perpetrator of substantiated abuse of a vulnerable<br />
adult;<br />
(iv) Obtained or attempted to obtain a health provider<br />
license, certification, or registration by fraudulent means or<br />
misrepresentation;<br />
(v) Committed, permitted, aided or abetted the commission<br />
of an illegal act or unprofessional conduct as defined<br />
under RCW 18.130.180;<br />
(vi) Demonstrated cruelty, abuse, negligence, misconduct,<br />
or indifference to the welfare of a patient or displayed<br />
acts of discrimination;<br />
(vii) Misappropriated patient (individual) property or<br />
resources;<br />
(viii) Failed to meet financial obligations or contracted<br />
service commitments that affect patient care;<br />
(ix) Has a history of noncompliance with state or federal<br />
rules in an agency with which the applicant has been affiliated;<br />
(x) Knowingly, or with reason to know, made a false<br />
statement of fact or failed to submit necessary information in:<br />
(A) The submitted application or materials attached; or<br />
(B) Any matter under department investigation.<br />
(xi) Refused to allow the department access to view<br />
records, files, books, or portions of the premises relating to<br />
operation of the program;<br />
(xii) Willfully interfered with the preservation of material<br />
information or attempted to impede the work of an authorized<br />
department representative;<br />
(xiii) Is currently debarred, suspended, proposed for<br />
debarment, declared ineligible, or voluntarily excluded from<br />
participating in transactions involving certain federal funds<br />
(this also applies to any person or business entity named in<br />
the agency's application for licensure or certification);<br />
[ 9 ] <strong>Proposed</strong>
WSR 13-02-027 Washington State Register, Issue 13-03<br />
(xiv) Does not meet criminal background check requirements;<br />
(xv) Fails to provide satisfactory application materials;<br />
or<br />
(xvi) Advertises the agency as certified when licensing<br />
or certification has not been granted, or has been revoked or<br />
canceled.<br />
(c) The department determines there is imminent risk to<br />
consumer health and safety.<br />
(d) The agency's licensure or specific program certification<br />
is in probationary status and the agency fails to correct<br />
the noted health and safety deficiencies within the agreedupon<br />
time frames.<br />
(e) The agency voluntarily cancels licensure or certification.<br />
(f) The agency fails to pay the required license or certification<br />
fees.<br />
(g) The agency stops providing the services for which<br />
the agency is certified.<br />
(h) The agency changes ownership without notifying the<br />
department.<br />
(i) The agency relocates without notifying the department.<br />
(2) The department sends a written notice to deny, suspend,<br />
revoke, or modify the licensure or certification status<br />
(see RCW 43.20A.205) that includes the reason(s) for the<br />
decision and the agency's right to appeal a department decision<br />
(refer to WAC 388-877-0370).<br />
(3) If an agency fails to comply with the requirements of<br />
this chapter, the department may:<br />
(a) Assess fees to cover costs of added licensing and program-specific<br />
certification activities, including when the<br />
department determines a corrective action is required due to a<br />
complaint or incident investigation;<br />
(b) Stop referral(s) of an individual who is a program<br />
recipient of a state and/or federally-funded program; and<br />
(c) Notify the county alcohol and drug coordinator,<br />
regional support network (RSN) and/or local media of<br />
stopped referrals, involuntary cancellation, suspensions,<br />
revocations, or nonrenewal of the agency's license or program-specific<br />
certification(s).<br />
NEW SECTION<br />
WAC 388-877-0340 Agency licensure—Adding a<br />
branch site. To add a branch site, an existing licensed behavioral<br />
health agency must notify the department and submit an<br />
application that is signed by the agency's designated official.<br />
(1) The agency must also submit the following:<br />
(a) A statement assuring the branch site meets American<br />
Disability Act (ADA) standards and that the facility is appropriate<br />
for providing the proposed services;<br />
(b) A written declaration that a current copy of agency<br />
policies and procedures is accessible to the branch site and<br />
that the policies and procedures have been revised to accommodate<br />
the differences in business and clinical practices at<br />
that site; and<br />
(c) Payment of fees (see WAC 388-877-0365).<br />
(2) Each nonresident branch facility is subject to review<br />
by the department to determine if the facility is:<br />
<strong>Proposed</strong> [ 10 ]<br />
(a) Suitable for the purposes intended;<br />
(b) Not a personal residence; and<br />
(c) Approved as meeting all building and safety requirements.<br />
NEW SECTION<br />
WAC 388-877-0345 Agency licensure and programspecific<br />
certification—Adding a new service. To add a new<br />
service, a licensed behavioral health agency must request and<br />
submit an abbreviated application that is signed by the<br />
agency's designated official. The application must include<br />
the following:<br />
(1) The name of the administrator providing management<br />
or supervision of services;<br />
(2) The physical address of the agency-operated facility<br />
where the new service will be provided;<br />
(3) A description of the agency's policies and procedures<br />
relating to the new service;<br />
(4) The name and credentials of each staff member providing<br />
the new service; and<br />
(5) Payment of fees (see WAC 388-877-0365).<br />
NEW SECTION<br />
WAC 388-877-0350 Agency licensure—Change in<br />
ownership. When a licensed behavioral health agency<br />
changes ownership, the department requires:<br />
(1) A new license application (see WAC 388-877-0305);<br />
(2) Payment of fees (see WAC 388-877-0365); and<br />
(3) A statement regarding the disposition and management<br />
of clinical records in accordance with applicable state<br />
and federal laws.<br />
NEW SECTION<br />
WAC 388-877-0355 Agency licensure—Change in<br />
location. When a licensed behavioral health agency relocates<br />
to another address, the department requires:<br />
(1) The agency to notify the department in writing of the<br />
new address at least thirty days before moving;<br />
(2) A new license application (see WAC 388-877-0305);<br />
and<br />
(3) Payment of fees (see WAC 388-877-0365).<br />
NEW SECTION<br />
WAC 388-877-0360 Agency licensure and programspecific<br />
certification—Facility remodel. When a licensed<br />
behavioral health agency changes the accessibility of the<br />
facility by remodeling, the department requires the agency to:<br />
(1) Notify the department in writing of the facility<br />
remodel at least thirty days before the day the remodeling<br />
begins; and<br />
(2) Ensure the facility's remodel meets all city and<br />
county codes, and state accessibility requirements.<br />
NEW SECTION<br />
WAC 388-877-0365 Agency licensure and programspecific<br />
certification—Fee requirements. (1) Payment of
licensing and specific program certification fees required<br />
under this chapter must be included with the initial application,<br />
renewal application, or with requests for other services.<br />
(2) Payment of fees must be made by check, bank draft,<br />
electronic transfer, or money order made payable to the<br />
department.<br />
(3) The department may refund one-half of the application<br />
fee if an application is withdrawn before certification or<br />
denial.<br />
(4) Fees will not be refunded when licensure or certification<br />
is denied, revoked, or suspended.<br />
(5) The department charges the following fees for<br />
approved chemical dependency treatment programs:<br />
Application Fees for Agency Certification for<br />
Approved Chemical Dependency Treatment Programs<br />
New agency application $1,000<br />
Branch agency application $500<br />
Application to add one or more $200<br />
services<br />
Application to change owner- $500<br />
ship<br />
Initial and Annual Certification Fees for Detoxification, Residential, and<br />
Nonresidential Services<br />
Detoxification and residential<br />
services<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
$100 per licensed bed, per year, for<br />
agencies not renewing certification<br />
through deeming<br />
$50 per licensed bed, per year, for<br />
agencies renewing certification<br />
through deeming per WAC 388-877-<br />
0310<br />
Nonresidential services $750 per year for agencies not renewing<br />
certification through deeming<br />
$200 per year for agencies certified<br />
through deeming per WAC 388-877-<br />
0310<br />
Complaint/Incident Investigation Fees<br />
All agencies $1,000 per substantiated complaint<br />
investigation and $1000 per substantiated<br />
incident investigation<br />
(6) Agency providers must annually complete a declaration<br />
form provided by the department to indicate information<br />
necessary for establishing fees and updating certification<br />
information. Required information includes, but is not limited<br />
to:<br />
(a) The number of licensed detoxification and residential<br />
beds; and<br />
(b) The agency provider's national accreditation status.<br />
(7) The department charges the following fees for<br />
approved mental health treatment programs:<br />
Initial Licensing Application Fee for Mental Health Treatment Programs<br />
Licensing application fee $1,000 initial licensing fee<br />
Initial and Annual Certification Fees<br />
Evaluation and treatment (E&T) $90 initial certification fee, per bed<br />
bed fees<br />
$90 annual certification fee, per bed<br />
Initial and Annual Licensing Fees for Agencies not Deemed<br />
Annual service hours provided: Initial and annual licensing fees:<br />
0-3,999 $728<br />
4,000-14,999 $1,055<br />
Initial Licensing Application Fee for Mental Health Treatment Programs<br />
15,000-29,999 $1,405<br />
30,000-49,999 $2,105<br />
50,000 or more $2,575<br />
Annual Licensing Fees for Deemed Agencies<br />
Deemed agencies licensed by $500 annual licensing fee<br />
DBHR<br />
Complaint/Incident Investigation Fee<br />
All residential and nonresidential<br />
agencies<br />
$1,000 per substantiated complaint<br />
investigation and $1,000 per substantiated<br />
incident investigation<br />
(8) Agencies providing nonresidential mental health services<br />
must report the number of annual service hours provided<br />
based on the division of behavioral health and recovery's<br />
(DBHR's) current published "Service Encounter<br />
Reporting Instructions for RSN's" and the "Consumer Information<br />
System (CIS) Data Dictionary for RSN's". These<br />
publications are available at: http://www.dshs.wa.gov/dbhr/<br />
mhpublications.shtml.<br />
(a) Existing licensed agencies must compute the annual<br />
services hours based on the most recent state fiscal year.<br />
(b) Newly licensed agencies must compute the annual<br />
service hours by projecting the service hours for the first<br />
twelve months of operation.<br />
NEW SECTION<br />
WAC 388-877-0370 Agency licensure and programspecific<br />
certification—Appealing a department decision.<br />
(1) To appeal a decision made by the department, an agency<br />
must file a written request for a hearing:<br />
(a) Signed by the agency's administrator.<br />
(b) Within twenty-eight days of the date of the department's<br />
written decision.<br />
(c) To the Board of Appeals, P.O. Box 2465, Olympia,<br />
WA 98504, with a method that shows proof of receipt.<br />
(d) That includes all of the following:<br />
(i) A copy of the department's decision that is being contested.<br />
(ii) The agency's reason for contesting the decision.<br />
(iii) The specific rules, laws, and policy the agency<br />
believes are being violated.<br />
(2) A decision will be made following the requirements<br />
of the Administrative Procedure Act, chapter 34.05 RCW,<br />
and chapter 388-02 WAC.<br />
(3) The department may order a summary suspension of<br />
the agency's license or certification pending completion of<br />
the appeal process when the preservation of public health,<br />
safety, or welfare requires emergency action.<br />
Section Four—Behavioral Health Services—Agency<br />
Administration<br />
NEW SECTION<br />
WAC 388-877-0400 Agency administration—Governing<br />
body requirements. An agency's governing body is<br />
responsible for the conduct and quality of the behavioral<br />
health services provided. The agency's governing body must:<br />
[ 11 ] <strong>Proposed</strong>
WSR 13-02-027 Washington State Register, Issue 13-03<br />
(1) Assure there is an administrator responsible for the<br />
day-to-day operation of services.<br />
(2) Maintain a current job description for the administrator,<br />
including the administrator's authority and duties.<br />
(3) Approve the mission statement for the services provided.<br />
(4) Notify the department within thirty days of changes<br />
of the administrator.<br />
NEW SECTION<br />
WAC 388-877-0410 Agency administration—<br />
Administrator key responsibilities. (1) The agency administrator<br />
is responsible for the day-to-day operation of the<br />
agency's licensed or certified behavioral health treatment services,<br />
including:<br />
(a) All administrative matters;<br />
(b) Individual care services; and<br />
(c) Meeting all applicable rules, policies, and ethical<br />
standards.<br />
(2) The administrator must:<br />
(a) Delegate to a staff person the duty and responsibility<br />
to act in the administrator's behalf when the administrator is<br />
not on duty or on call.<br />
(b) Ensure administrative, personnel, and clinical policies<br />
and procedures are adhered to and kept current to be in<br />
compliance with the rules in this chapter, as applicable.<br />
(c) Employ sufficient qualified personnel to provide adequate<br />
treatment services, facility security, the safety of each<br />
individual, and other identified needs of individuals receiving<br />
services.<br />
(d) Ensure all persons providing clinical services are credentialed<br />
for their scope of practice as required by the department<br />
of health.<br />
(e) Identify at least one person to be responsible for clinical<br />
supervision duties.<br />
(f) Ensure that there is an up-to-date personnel file for<br />
each employee, trainee, student, volunteer, and for each contracted<br />
staff person who provides or supervises an individual's<br />
care.<br />
(g) Ensure that personnel records document that Washington<br />
state patrol background checks consistent with RCW<br />
43.43.830 through 43.43.834 have been completed for each<br />
employee in contact with individuals receiving services.<br />
(3) The administrator must ensure the agency develops<br />
and maintains a written internal quality management process<br />
that:<br />
(a) Addresses the clinical supervision and training of<br />
clinical staff;<br />
(b) Monitors compliance with the rules in this chapter,<br />
and other state and federal rules and laws that govern agency<br />
licensing and certification requirements; and<br />
(c) Continuously improves the safety and quality of care<br />
in response to all of the following:<br />
(i) Critical incidents;<br />
(ii) Complaints; and<br />
(iii) Grievances.<br />
<strong>Proposed</strong> [ 12 ]<br />
NEW SECTION<br />
WAC 388-877-0420 Agency administration—Policies<br />
and procedures. Each agency licensed by the department<br />
to provide any behavioral health service must develop,<br />
implement, and maintain administrative policies and procedures<br />
to meet the minimum requirements of this chapter. The<br />
policies and procedures must demonstrate the following, as<br />
applicable:<br />
(1) Ownership. Documentation of the agency's governing<br />
body, including a description of membership and authorities,<br />
and documentation of the agency's:<br />
(a) Articles and certificate of incorporation and bylaws if<br />
the owner is a corporation;<br />
(b) Partnership agreement if the owner is a partnership;<br />
or<br />
(c) Sole proprietorship if one person is the owner.<br />
(2) Licensure. A copy of the agency's master business<br />
license that authorizes the organization to do business in<br />
Washington state that:<br />
(a) Includes the entity's name, firm name, or registered<br />
trade name; and<br />
(b) Lists all addresses where the entity performs services.<br />
(3) Organizational description. An organizational<br />
description detailing all positions and associated licensure or<br />
certification, updated as needed.<br />
(4) Agency staffing and supervision. Documentation<br />
that shows the agency has staff members:<br />
(a) Adequate in number to provide program-specific certified<br />
services to serve the agency's caseload of individuals;<br />
and<br />
(b) Who provide treatment in accordance to regulations<br />
relevant to their specialty or specialties and registration, certification,<br />
licensing, and trainee or volunteer status.<br />
(5) Interpreter services for individuals with Limited<br />
English Proficiency (LEP) and individuals who have sensory<br />
disabilities. Documentation that demonstrates the<br />
agency's ability to provide or coordinate services for individuals<br />
with LEP and individuals who have sensory disabilities.<br />
(a) Certified interpreters or other interpreter services<br />
must be available for individuals with limited English speaking<br />
proficiency and individuals who have sensory disabilities<br />
if required by agency certification or licensure or certification;<br />
or<br />
(b) The agency must have the ability to effectively provide,<br />
coordinate or refer individuals in these populations for<br />
appropriate assessment or treatment.<br />
(6) Reasonable access for individuals with disabilities.<br />
A description of how reasonable accommodations will<br />
be provided to individuals with disabilities.<br />
(7) Nondiscrimination. A description of how the<br />
agency complies with all state and federal nondiscrimination<br />
laws, rules, and plans.<br />
(8) Fee schedules. A copy of the agency's current fee<br />
schedules for all services must be available on request.<br />
(9) Funding options for treatment costs. A description<br />
of how the agency works with individuals to address the<br />
funding of an individual's treatment costs, including a mechanism<br />
to address changes in the individual's ability to pay.
(10) State and federal rules on confidentiality. A<br />
description of how the agency implements state and federal<br />
rules on individuals' confidentiality consistent with the service<br />
or services being provided.<br />
(11) Reporting and documentation of suspected<br />
abuse, neglect, or exploitation. A description how the<br />
agency directs staff to report and document suspected abuse,<br />
neglect, or exploitation of a child and vulnerable adult consistent<br />
with chapters 26.44 and 74.34 RCW.<br />
(12) Protection of youth. Documentation of how the<br />
agency addresses the protection of youth participating in<br />
group or residential treatment with adults.<br />
(13) Reporting the death of an individual seeking or<br />
receiving services. A description of how the agency directs<br />
staff to report to the department within one business day the<br />
death of any individual which occurs on the premises of a<br />
licensed agency.<br />
(14) Reporting critical incidents involving individuals.<br />
A description of how the agency directs staff to report to<br />
the department within two business days any critical incident<br />
that occurs involving an individual, and actions taken as a<br />
result of the incident.<br />
(15) A smoking policy. Documentation that a smoking<br />
policy consistent with the Washington Clean Indoor Air Act,<br />
Chapter 70.160 RCW, is in place.<br />
(16) Outpatient evacuation plan. For a nonresidential<br />
agency, an evacuation plan for use in the event of a disaster<br />
or emergency that addresses:<br />
(a) Different types of disasters or emergencies;<br />
(b) Placement of posters showing routes of exit;<br />
(c) The need to mention evacuation routes at public<br />
meetings;<br />
(d) Communication methods for individuals, staff, and<br />
visitors, including persons with a visual or hearing impairment<br />
or limitation;<br />
(e) Evacuation of mobility impaired individuals; and<br />
(f) Evacuation of children if child care is offered.<br />
(17) Individual rights. A description of how the agency<br />
has individual participation rights and policies consistent<br />
with WAC 388-877-0600.<br />
(18) Individual complaints and grievances. A description<br />
of how the agency addresses an individual's complaint<br />
and/or grievance.<br />
NEW SECTION<br />
WAC 388-877-0430 Agency administration—Treatment<br />
facility requirements. Each agency licensed by the<br />
department to provide any behavioral health service must<br />
ensure that its treatment facility:<br />
(1) Is accessible to an individual with a disability.<br />
(2) Has a reception area separate from living and therapy<br />
areas.<br />
(3) Has adequate private space for personal consultation<br />
with an individual, staff charting, and therapeutic and social<br />
activities, as appropriate.<br />
(4) Has secure storage of an individual's active or closed<br />
confidential record.<br />
(5) Has secure, locked storage of poisonous external<br />
chemicals and caustic materials.<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
Section Five—Behavioral Health Services—Personnel<br />
NEW SECTION<br />
WAC 388-877-0500 Personnel—Agency policies and<br />
procedures. Each agency licensed by the department to provide<br />
any behavioral health service must develop, implement,<br />
and maintain personnel policies and procedures. The policies<br />
and procedures must meet the minimum requirements of this<br />
chapter and include the following, as applicable:<br />
(1) Hiring practices. Identification of how the agency:<br />
(a) Ensures all persons providing or supervising clinical<br />
services have an active registration, certification, or license<br />
granted by the department of health consistent with the services<br />
provided; and<br />
(b) Ensures the requirements of WAC 388-06-0170 are<br />
met if the agency provides services to youths.<br />
(2) Background checks. Identification of how the<br />
agency conducts Washington state background checks on<br />
each agency employee in contact with individuals receiving<br />
services, consistent with RCW 43.43.830 through 43.43.842.<br />
(3) Excluded provider list. A description of how the<br />
agency conducts a review of the list of excluded individuals/entities<br />
(LEIE) searchable database (found on the Office<br />
of Inspector General, U.S. Department of Health and Human<br />
Services website at http://oig.hhs.gov) for each employee in<br />
contact with individuals receiving services, to include a procedure<br />
on how the agency:<br />
(a) Reviewed the LEIE database at the time of the<br />
employee's hire and annually thereafter; and<br />
(b) Assured the employee is not currently debarred, suspended,<br />
proposed for debarment, declared ineligible, or voluntary<br />
excluded from participating in transactions involving<br />
certain federal funds.<br />
(4) Drug free workplace. Identification of how the<br />
agency provides for a drug free work place that includes:<br />
(a) A philosophy of no tolerance of illegal drug-related<br />
activity;<br />
(b) Agency program standards of prohibited conduct;<br />
and<br />
(c) Actions to be taken in the event a staff member misuses<br />
alcohol or other drugs.<br />
(5) Supervision. Identification of how supervision is<br />
provided to assist program staff and volunteers to increase<br />
their skills, and improve quality of services to individuals and<br />
families.<br />
(6) Staff training. A description of how the agency provides<br />
training within thirty days of an employee's hire date<br />
and annually thereafter:<br />
(a) Consistent with the agency's certified or licensed services.<br />
(b) On cultural competency that assists staff in recognizing<br />
when cultural barriers interfere with clinical care.<br />
(c) That includes a review of:<br />
(i) Procedures for how to respond to individuals in crisis;<br />
(ii) Emergency procedures;<br />
(iii) Program policies and procedures;<br />
(iv) Rights for individuals receiving services and supports;<br />
(v) Population-specific information; and<br />
[ 13 ] <strong>Proposed</strong>
WSR 13-02-027 Washington State Register, Issue 13-03<br />
(iv) An overview of applicable community resources.<br />
(d) To meet the requirements of this chapter.<br />
NEW SECTION<br />
WAC 388-877-0510 Personnel—Agency record<br />
requirements. Each agency licensed by the department to<br />
provide any behavioral health service must maintain a personnel<br />
record for each person employed by the agency.<br />
(1) The personnel record must contain the following:<br />
(a) Documentation of annual training, including documentation<br />
that the employee successfully completed training<br />
on cultural competency (see WAC 388-877-0500 (6)(b)).<br />
(b) A signed and dated commitment to maintain patient<br />
(individual) confidentiality in accordance with state and federal<br />
confidentiality requirements.<br />
(c) A record of an orientation to the agency that includes:<br />
(i) An overview of the administrative, personnel and<br />
clinical policies and procedures.<br />
(ii) The duty to warn or to take reasonable precautions to<br />
provide protection from violent behavior when an individual<br />
has communicated an actual imminent threat of physical violence<br />
against a reasonably identifiable victim or victims.<br />
Taking reasonable precautions includes notifying law<br />
enforcement.<br />
(iii) Staff ethical standards and conduct, including<br />
reporting of unprofessional conduct to appropriate authorities.<br />
(iv) The process for resolving client complaints and/or<br />
grievances.<br />
(v) The facility evacuation plan.<br />
(d) A copy of the staff member's valid current credential<br />
issued by the department of health for their scope of practice.<br />
(e) For noncontract staff, a copy of a current job description,<br />
signed and dated by the employee and supervisor which<br />
includes:<br />
(i) A job title;<br />
(ii) Minimum qualifications for the position; and<br />
(iii) A summary of duties and responsibilities.<br />
(f) For contract staff, formal agreements or personnel<br />
contracts that describe the nature and extent of patient care<br />
services, may be substituted for job descriptions.<br />
(g) Performance evaluations conducted by the immediate<br />
supervisor or designee.<br />
(2) Staff members who have received services from the<br />
agency must have personnel records that:<br />
(a) Are separate from clinical records; and<br />
(b) Have no indication of current or previous service<br />
recipient status.<br />
NEW SECTION<br />
WAC 388-877-0520 Personnel—Agency requirements<br />
for supervision of trainees and interns. Each agency<br />
licensed by the department to provide any behavioral health<br />
service must ensure the following supervision requirements<br />
are met for trainees and interns:<br />
(1) Each trainee and intern who receives training at an<br />
agency must be assigned a supervisor who has been approved<br />
by the agency administrator or designee.<br />
(2) The assigned supervisor:<br />
<strong>Proposed</strong> [ 14 ]<br />
(a) Must be credentialed by the department of health for<br />
their scope of practice;<br />
(b) Is responsible for all individuals assigned to the<br />
trainee or intern they supervise; and<br />
(c) Must review clinical documentation with the trainee<br />
or intern as part of the supervision process.<br />
NEW SECTION<br />
WAC 388-877-0530 Personnel—Agency requirements<br />
for volunteers and student practicum. Each agency<br />
licensed by the department to provide any behavioral health<br />
service is responsible to provide orientation to any volunteer<br />
or student assisting the agency. In addition, the agency must<br />
ensure and document that:<br />
(1) Each volunteer meets the qualifications of the position<br />
they are assigned.<br />
(2) Each student who uses the agency as a setting for student<br />
practicum is supported by an educational institution.<br />
(a) The agency and the educational institution must have<br />
a written agreement that describes:<br />
(i) The nature and scope of student activity at the treatment<br />
setting; and<br />
(ii) The plan for supervision of student activities.<br />
(b) The agency must obtain and retain a confidentiality<br />
statement signed by the student and the student's academic<br />
supervisor.<br />
Section six—Behavioral health services—Clinical<br />
NEW SECTION<br />
WAC 388-877-0600 Clinical—Individual rights. (1)<br />
Each agency licensed by the department to provide any<br />
behavioral health service must develop a statement of individual<br />
participant rights applicable to the service categories<br />
the agency is licensed for, to ensure an individual's rights are<br />
protected in compliance with chapters 71.12, 70.96A, 71.05,<br />
and 71.34 RCW. In addition, the agency must develop a general<br />
statement of individual participant rights that incorporates<br />
at a minimum the following statements. "You have the<br />
right to:<br />
(a) Receive services without regard to race, creed,<br />
national origin, religion, gender, sexual orientation, age or<br />
disability;<br />
(b) Practice the religion of choice as long as the practice<br />
does not infringe on the rights and treatment of others or the<br />
treatment service. Individual participants have the right to<br />
refuse participation in any religious practice;<br />
(c) Be reasonably accommodated in case of sensory or<br />
physical disability, limited ability to communicate, limited<br />
English proficiency, and cultural differences;<br />
(d) Be treated with respect, dignity and privacy, except<br />
that staff may conduct reasonable searches to detect and prevent<br />
possession or use of contraband on the premises;<br />
(e) Be free of any sexual harassment;<br />
(f) Be free of exploitation, including physical and financial<br />
exploitation;<br />
(g) Have all clinical and personal information treated in<br />
accord with state and federal confidentiality regulations;
(h) Review your clinical record in the presence of the<br />
administrator or designee and be given an opportunity to<br />
request amendments or corrections;<br />
(i) Receive a copy of agency complaint and grievance<br />
procedures upon request and to lodge a complaint or grievance<br />
with the provider if you believe your rights have been<br />
violated; and<br />
(j) File a complaint with the department when you feel<br />
the agency has violated a WAC requirement regulating<br />
behavior health agencies.<br />
(2) Each agency must ensure the applicable individual<br />
participant rights described in subsection (1) of this section<br />
are:<br />
(a) Provided in writing to each individual on or before<br />
admission;<br />
(b) Available in alternative formats for individuals who<br />
are blind;<br />
(c) Translated to the most commonly used languages in<br />
the agency's service area;<br />
(d) Posted in public areas; and<br />
(e) Available to any participant upon request.<br />
(3) Each agency must ensure all research concerning an<br />
individual whose cost of care is publicly funded is done in<br />
accordance with chapter 388-04 WAC, protection of human<br />
research subjects, and other applicable state and federal rules<br />
and laws.<br />
(4) In addition to the requirements in this section, each<br />
agency enrolled as a medicare and/or medicaid provider must<br />
ensure an individual seeking or participating in behavioral<br />
health treatment services, or the person legally responsible<br />
for the individual is informed of their medicaid rights at time<br />
of admission and in a manner that is understandable to the<br />
individual or legally responsible person.<br />
NEW SECTION<br />
WAC 388-877-0610 Clinical—Initial assessment.<br />
Each agency licensed by the department to provide any<br />
behavioral health service is responsible for an individual's<br />
initial assessment.<br />
(1) The initial assessment must be:<br />
(a) Conducted in person; and<br />
(b) Completed by a professional appropriately credentialed<br />
to provide chemical dependency, mental health, and/or<br />
problem and pathological gambling services as determined<br />
by state law.<br />
(2) The initial assessment must include and document:<br />
(a) Individual identifying information;<br />
(b) Presenting issues;<br />
(c) Name of the individual's medical provider(s);<br />
(d) Medical concerns;<br />
(e) Medications currently taken;<br />
(f) Brief mental health, substance use, and problem and<br />
pathological gambling histories;<br />
(g) Any identification of risk of harm to self and others,<br />
including suicide and/or homicide. A referral for provision<br />
of emergency/crisis services must be made if indicated in the<br />
risk assessment;<br />
Washington State Register, Issue 13-03 WSR 13-02-027<br />
(h) Information that a person is court ordered to treatment<br />
or is under the supervision of the department of corrections;<br />
and<br />
(i) Treatment recommendations.<br />
NEW SECTION<br />
WAC 388-877-0620 Clinical—Individual service<br />
plan. Each agency licensed by the department to provide any<br />
behavioral health service is responsible for an individual's<br />
service plan as follows:<br />
(1) The individual service plan must:<br />
(a) Be completed or approved by a professional appropriately<br />
credentialed to provide mental health, chemical<br />
dependency, and/or problem and pathological gambling services.<br />
(b) Address age, gender, cultural, strengths and/or disability<br />
issues identified by the individual or, if applicable, the<br />
individual's parent(s) or legal representative.<br />
(c) Be in a terminology that is understandable to the individual<br />
and the individual's family.<br />
(d) Document that the plan was mutually agreed upon<br />
and a copy was provided to the individual.<br />
(e) Demonstrate the individual's participation in the<br />
development of the plan.<br />
(f) Document participation of family or significant others,<br />
if participation is requested by the individual and is clinically<br />
appropriate.<br />
(g) Be strength-based.<br />
(h) Contain measurable goals or objectives, or both.<br />
(i) Be updated to address applicable changes in identified<br />
needs and achievement of goals and objectives.<br />
(2) When required by law, the agency must notify the<br />
required authority of a violation of a court order or nonparticipation<br />
in treatment, or both.<br />
NEW SECTION<br />
WAC 388-877-0630 Clinical—Individual clinical<br />
record system. Each agency licensed by the department to<br />
provide any behavioral health service must:<br />
(1) Maintain a comprehensive clinical record system that<br />
includes policies and procedures that protect an individual's<br />
personal health information; and<br />
(2) Ensure that the individual's personal health information<br />
is shared or released only in compliance with applicable<br />
state and federal law.<br />
NEW SECTION<br />
WAC 388-877-0640 Clinical—Record content. Each<br />
agency licensed by the department to provide any behavioral<br />
health service is responsible for an individual's clinical record<br />
content. The clinical record must include:<br />
(1) Documentation the individual received a copy of<br />
counselor disclosure requirements established under RCW<br />
18.19.060.<br />
(2) Demographic information.<br />
(3) An initial assessment.<br />
(4) Documentation of the individual's response when<br />
asked if:<br />
[ 15 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(a) The individual is under department of corrections<br />
(DOC) supervision.<br />
(b) The individual is under civil or criminal court<br />
ordered mental health or chemical dependency treatment.<br />
(c) There is a court order exempting the individual participant<br />
from reporting requirements. A copy of the court<br />
order must be included in the record if the participant claims<br />
exemption from reporting requirements.<br />
(5) Documentation that the agency met all the following<br />
requirements when an individual informs the agency that the<br />
individual is under supervision by DOC due to a less restrictive<br />
alternative or DOC order for treatment:<br />
(a) The agency notified DOC orally or in writing. The<br />
agency must confirm an oral notification with a written<br />
notice by electronic mail or fax.<br />
(b) The agency obtained a copy of the court order from<br />
the individual and placed it in the record when the individual<br />
has been given relief from disclosure by the committing<br />
court.<br />
(c) When appropriate, the agency requested an evaluation<br />
by a designated mental health professional (DMHP)<br />
when the provider becomes aware of a violation of the courtordered<br />
treatment and the violation concerns public safety.<br />
(6) The initial and any subsequent individual service<br />
plan that include:<br />
(a) All revisions to the plan, consistent with the service(s)<br />
the individual receives; and<br />
(b) Documentation of objective progress towards established<br />
goals as outlined in the plan.<br />
(7) Documentation the individual was informed of applicable<br />
federal and state confidentiality requirements.<br />
(8) Documentation of confidential information that has<br />
been released without the consent of the individual under<br />
RCW 70.02.050, 71.05.390, and 71.05.630, and the Health<br />
Insurance Portability and Accountability Act (HIPAA).<br />
(9) Documentation that any mandatory reporting of<br />
abuse, neglect, or exploitation consistent with chapters 26.44<br />
and 74.34 RCW has occurred.<br />
(10) If treatment is not court-ordered, documentation of<br />
informed consent to treatment by the individual or individual's<br />
parent, or other legal representative.<br />
(11) If treatment is court-ordered, a copy of the detention<br />
or involuntary treatment order.<br />
(12) Documentation of coordination of care, as needed.<br />
(13) Documentation of all service encounters.<br />
(14) Medication records, if applicable.<br />
(15) Laboratory reports, if applicable.<br />
(16) Properly completed authorizations for release of<br />
information, if applicable.<br />
(17) Copies of applicable correspondence.<br />
(18) Discharge information.<br />
NEW SECTION<br />
WAC 388-877-0650 Clinical—Access to clinical<br />
records. Each agency licensed by the department to provide<br />
any behavioral health service must:<br />
(1) Provide access to an individual's clinical record at the<br />
request of the individual or, if applicable, the individual's<br />
<strong>Proposed</strong> [ 16 ]<br />
designated representative, and/or legal representative. The<br />
agency must:<br />
(a) Review the clinical record before making the record<br />
available in order to identify and remove:<br />
(i) Any material confidential to another person, agency,<br />
or provider; and<br />
(ii) Reports not originated by the agency.<br />
(b) Make the clinical record available to the requester<br />
within fifteen days of the request.<br />
(c) Allow appropriate time and privacy for the review.<br />
(d) Have a clinical staff member available to answer<br />
questions.<br />
(e) Charge for copying at a rate not higher than defined<br />
in RCW 70.02.010(12).<br />
(2) Make an individual's clinical record available to<br />
department staff as required for department program review.<br />
WSR 13-02-028<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
SOCIAL AND HEALTH SERVICES<br />
(Aging and Disability Services Administration)<br />
(Division of Behavioral Health and Recovery)<br />
[Filed December 20, 2012, 4:03 p.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 11-<br />
09-067.<br />
Title of Rule and Other Identifying Information: The<br />
department proposes to adopt new chapters 388-877A, 388-<br />
877B, 388-877C WAC to establish the specific requirements<br />
for the licensing and certification of behavioral health agencies<br />
that provide mental health, chemical dependency, and/or<br />
problem and pathological gambling treatment services.<br />
These rules support the general requirements in proposed<br />
chapter 388-877 WAC which will establish general behavioral<br />
health services administrative standards for behavioral<br />
health agencies.<br />
New sections WAC 388-877A-0100 Outpatient mental<br />
health services—General, 388-877A-0110 Outpatient mental<br />
health services—Agency staff requirements, 388-877A-0120<br />
Outpatient mental health services—Clinical record content<br />
and documentation, 388-877A-0130 Outpatient mental<br />
health services—Additional assessment standards, 388-<br />
877A-0135 Outpatient mental health services—Individual<br />
service plan, 388-877A-0140 Outpatient mental health services—Brief<br />
intervention treatment, 388-877A-0150 Outpatient<br />
mental health services—Group therapy services, 388-<br />
877A-0155 Outpatient mental health services—Family therapy<br />
services, 388-877A-0170 Outpatient mental health services—Case<br />
management services, 388-877A-0175 Outpatient<br />
mental health services—Peer support services—<br />
Optional, 388-877A-0180 Outpatient mental health services—Psychiatric<br />
medication services—Optional, 388-<br />
877A-0185 Outpatient mental health services—Medication<br />
support services—Optional, 388-877A-0190 Outpatient<br />
mental health services—Day support services—Optional,<br />
388-877A-0195 Outpatient mental health services—Less
estrictive alternative (LRA) support services—Optional,<br />
388-877A-0197 Outpatient mental health services—Residential<br />
treatment facility (RTF)—Optional, 388-877A-0200<br />
Crisis mental health services—General, 388-877A-0210 Crisis<br />
mental health services—Agency staff requirements, 388-<br />
877A-0220 Crisis mental health services—Record content<br />
and documentation requirements, 388-877A-0230 Crisis<br />
mental health services—Telephone support services, 388-<br />
877A-0240 Crisis mental health services—Outreach services,<br />
388-877A-0260 Crisis mental health services—Stabilization<br />
services, 388-877A-0270 Crisis mental health services—Peer<br />
support services, 388-877A-0280 Crisis mental<br />
health services—Emergency involuntary detention services,<br />
388-877A-0300 Limited scope services—General, 388-<br />
877A-0310 Limited scope services—Agency staff requirements,<br />
388-877A-0320 Limited scope services—Clinical<br />
record content and documentation, 388-877A-0330 Limited<br />
scope services—Employment services, 388-877A-0340 Limited<br />
scope services—Peer support services, 388-877A-0350<br />
Limited scope services—Wraparound facilitation services,<br />
388-877A-0360 Limited scope services—Medication support<br />
services, 388-877B-0100 Detoxification services—General,<br />
388-877B-0110 Detoxification services—Agency staff<br />
requirements, 388-877B-0120 Detoxification services—<br />
Clinical record content and documentation requirements,<br />
388-877B-0130 Detoxification services—Additional standards<br />
for youth, 388-877B-0220 Residential treatment services—Clinical<br />
record content and documentation requirements,<br />
388-877B-0210 Residential treatment services—<br />
Agency staff requirements, 388-877B-0230 Residential treatment<br />
services—Chemical dependency—Additional assessment<br />
standards, 388-877B-0240 Residential treatment services—Noncompliance<br />
reporting requirements, 388-877B-<br />
0250 Residential treatment services—Intensive inpatient services,<br />
388-877B-0260 Residential treatment services—<br />
Recovery house, 388-877B-0270 Residential treatment services—Long-term<br />
treatment services, 388-877B-0280 Residential<br />
treatment services—Additional standards for youth<br />
residential services, 388-877B-0300 Outpatient treatment<br />
services—General, 388-877B-0310 Outpatient treatment services—Agency<br />
staff requirements, 388-877B-0320 Outpatient<br />
treatment services—Clinical record content and documentation,<br />
388-877B-0330 Outpatient treatment services—<br />
Additional assessment standards, 388-877B-0340 Outpatient<br />
treatment services—Noncompliance reporting requirements,<br />
388-877B-0350 Outpatient treatment services—Intensive<br />
outpatient services, 388-877B-0360 Outpatient treatment services—Outpatient<br />
treatment services, 388-877B-0370 Outpatient<br />
treatment services—Additional standards for chemical<br />
dependency counseling required under RCW 46.61.5056,<br />
388-877B-0400 Opiate substitution treatment services—<br />
General, 388-877B-0405 Opiate substitution treatment services—Certification<br />
requirements, 388-877B-0410 Opiate<br />
substitution treatment services—Agency staff requirements,<br />
388-877B-0420 Opiate substitution treatment services—<br />
Clinical record content and documentation requirements,<br />
388-877B-0430 Opiate substitution treatment services—<br />
Additional assessment standards, 388-877B-0440 Opiate<br />
substitution treatment services—Program physician responsibility,<br />
388-877B-0450 Opiate substitution treatment ser-<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
vices—Medication management, 388-877B-0500 Assessment<br />
only services—General, 388-877B-0510 Assessment<br />
only services—Agency staff requirements, 388-877B-0530<br />
Assessment only services—Additional assessment standards,<br />
388-877B-0540 Assessment only services—Noncompliance<br />
reporting requirements, 388-877B-0550 Assessment only<br />
services—Additional standards for DUI assessment services,<br />
388-877B-0600 Information and assistance services—General,<br />
388-877B-0610 Information and assistance services—<br />
Agency staff requirements, 388-877B-0630 Information and<br />
assistance services—Alcohol and drug information school,<br />
388-877B-0640 Information and assistance services—Information<br />
and crisis services, 388-877B-0650 Information and<br />
assistance services—Emergency service patrol, 388-877B-<br />
0660 Information and assistance services—Screening and<br />
brief intervention, 388-877C-0100 Problem and pathological<br />
gambling services—General, 388-877C-0110 Problem and<br />
pathological gambling services—Agency staff requirements,<br />
388-877C-0120 Problem and pathological gambling services—Clinical<br />
record content and documentation requirements<br />
and 388-877C-0130 Problem and pathological gambling<br />
services—Additional assessment standards; and repealing<br />
388-805-001 What is the purpose of this chapter?, 388-<br />
805-005 What definitions are important throughout this chapter?,<br />
388-805-010 What chemical dependency services are<br />
certified by the department?, 388-805-015 How do I apply<br />
for certification as a chemical dependency service provider?,<br />
388-805-020 How do I apply for certification of a branch<br />
agency or added service?, 388-805-030 What are the requirements<br />
for opiate substitution treatment program certification?,<br />
388-805-035 What are the responsibilities for the<br />
department when an applicant applies for approval of an opiate<br />
substitution treatment program?, 388-805-040 How does<br />
the department determine there is a need in the community<br />
for opiate substitution treatment?, 388-805-060 How does the<br />
department conduct an examination of nonresidential facilities?,<br />
388-805-065 How does the department determine disqualification<br />
or denial of an application?, 388-805-070 What<br />
happens after I make application for certification?, 388-805-<br />
075 How do I apply for an exemption?, 388-805-085 What<br />
are the fee requirements for chemical dependency treatment<br />
programs?, 388-805-095 How long are certificates effective?,<br />
388-805-100 What do I need to do to maintain agency<br />
certification?, 388-805-105 What do I need to do for a change<br />
in ownership?, 388-805-110 What do I do to relocate or<br />
remodel a facility?, 388-805-115 How does the department<br />
deem national accreditation?, 388-805-120 How does the<br />
department assess penalties?, 388-805-125 How does the<br />
department cancel certification?, 388-805-130 How does the<br />
department suspend or revoke certification?, 388-805-135<br />
What is the prehearing, hearing and appeals process?, 388-<br />
805-140 What are the requirements for a provider's governing<br />
body?, 388-805-145 What are the key responsibilities<br />
required of an agency administrator?, 388-805-150 What<br />
must be included in an agency administrative manual?, 388-<br />
805-155 What are the requirements for provider facilities?,<br />
388-805-200 What must be included in an agency personnel<br />
manual?, 388-805-205 What are agency personnel file<br />
requirements?, 388-805-210 What are the requirements for<br />
approved supervisors of persons who are in training to<br />
[ 17 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
become a chemical dependency professional?, 388-805-220<br />
What are the requirements to be a probation assessment officer?,<br />
388-805-225 What are the requirements to be a probation<br />
assessment officer trainee?, 388-805-230 What are the<br />
requirements for supervising probation assessment officer<br />
trainees?, 388-805-240 What are the requirements for student<br />
practice in treatment agencies?, 388-805-250 What are the<br />
requirements to be an information school instructor?, 388-<br />
805-260 What are the requirements for using volunteers in a<br />
treatment agency?, 388-805-300 What must be included in<br />
the agency clinical manual?, 388-805-305 What are patients'<br />
rights requirements in certified agencies?, 388-805-310 What<br />
are the requirements for chemical dependency assessments?,<br />
388-805-315 What are the requirements for treatment, continuing<br />
care, transfer, and discharge plans?, 388-805-320<br />
What are the requirements for a patient record system?, 388-<br />
805-325 What are the requirements for patient record content?,<br />
388-805-330 What are the requirements for reporting<br />
patient noncompliance?, 388-805-350 What are the requirements<br />
for outcomes evaluation?, 388-805-400 What are the<br />
requirements for detoxification providers?, 388-805-410<br />
What are the requirements for detox staffing and services?,<br />
388-805-500 What are the requirements for residential providers?,<br />
388-805-510 What are the requirements for residential<br />
providers admitting youth?, 388-805-520 What are the<br />
requirements for youth behavior management?, 388-805-530<br />
What are the requirements for intensive inpatient services?,<br />
388-805-540 What are the requirements for recovery house<br />
services?, 388-805-550 What are the requirements for longterm<br />
treatment services?, 388-805-600 What are the requirements<br />
for outpatient providers?, 388-805-610 What are the<br />
requirements for intensive outpatient treatment services?,<br />
388-805-620 What are the requirements for outpatient services?,<br />
388-805-625 What are the requirements for outpatient<br />
services for persons subject to RCW 46.61.5056?, 388-805-<br />
630 What are the requirements for outpatient services in a<br />
school setting?, 388-805-640 What are the requirements for<br />
providing offsite chemical dependency treatment services?,<br />
388-805-700 What are the requirements for opiate substitution<br />
treatment program providers?, 388-805-710 What are<br />
the requirements for opiate substitution medical management?,<br />
388-805-715 What are the requirements for opiate<br />
substitution medication management?, 388-805-720 What<br />
are the requirements for drug testing in opiate substitution<br />
treatment?, 388-805-730 What are the requirements for opiate<br />
substitution treatment dispensaries?, 388-805-740 What<br />
are the requirements for opiate substitution treatment counseling?,<br />
388-805-750 What are the requirements for opiate<br />
substitution treatment take-home medications?, 388-805-800<br />
What are the requirements for ADATSA assessment services?,<br />
388-805-810 What are the requirements for DUI<br />
assessment providers?, 388-805-820 What are the requirements<br />
for alcohol and other drug information school?, 388-<br />
805-830 What are the requirements for information and crisis<br />
services?, 388-805-840 What are the requirements for emergency<br />
service patrol?, 388-805-855 What are the requirements<br />
for screening and brief intervention services?, 388-<br />
816-0001 What is the purpose of this chapter?, 388-816-0005<br />
What definitions are important throughout this chapter?, 388-<br />
816-0010 What problem and pathological gambling treat-<br />
<strong>Proposed</strong> [ 18 ]<br />
ment programs are certified by the department?, 388-816-<br />
0015 How do I apply for certification as a new problem and<br />
pathological gambling treatment program?, 388-816-0020<br />
How do currently certified or licensed agencies apply for<br />
added service?, 388-816-0025 What are the requirements for<br />
treatment program facilities?, 388-816-0030 How does the<br />
department conduct an examination of facilities?, 388-816-<br />
0035 How does the department determine disqualification or<br />
denial of an application?, 388-816-0040 What happens after I<br />
make application for certification?, 388-816-0045 How do I<br />
apply for an exemption?, 388-816-0070 What do I need to do<br />
to maintain program certification?, 388-816-0075 What do I<br />
need to do for a change in ownership?, 388-816-0080 What<br />
do I do to relocate or remodel a facility?, 388-816-0085 How<br />
does the department assess penalties?, 388-816-0090 How<br />
does the department cancel certification?, 388-816-0095<br />
How does the department suspend or revoke certification?,<br />
388-816-0100 What is the prehearing, hearing and appeal<br />
process?, 388-816-0105 What are the requirements for the<br />
governing body of the program?, 388-816-0110 What are the<br />
key responsibilities required of a program administrator?,<br />
388-816-0115 What must be included in a program administrative<br />
manual?, 388-816-0120 What must be included in a<br />
treatment program personnel manual?, 388-816-0125 What<br />
are treatment program personnel file requirements?, 388-<br />
816-0130 What are the minimum qualifications for clinical<br />
staff members providing problem and pathological gambling<br />
treatment?, 388-816-0135 What must be included in the treatment<br />
program clinical manual?, 388-816-0140 What are clients'<br />
rights requirements in certified treatment programs?,<br />
388-816-0145 What are the requirements for problem and<br />
pathological gambling assessments?, 388-816-0150 What are<br />
the requirements for treatment, continuing care, transfer, and<br />
discharge plans?, 388-816-0155 What are the requirements<br />
for a client record system?, 388-816-0160 What are the<br />
requirements for client record content?, 388-816-0165 What<br />
are the requirements for reporting client noncompliance?,<br />
388-816-0170 What are the requirements for outcomes evaluation?,<br />
388-816-0175 What are the requirements for outpatient<br />
services?, 388-816-0180 What are the requirements for<br />
providing off-site problem and pathological gambling treatment<br />
services?, 388-865-0103 Fee requirements for mental<br />
health treatment programs, 388-865-0410 Consumer rights,<br />
388-865-0415 Access to services, 388-865-0430 Clinical<br />
record, 388-865-0435 Consumer access to their clinical<br />
record, 388-865-0436 Clinical record access procedures,<br />
388-865-0440 Availability of consumer information, 388-<br />
865-0445 Establishment of procedures to bill for services,<br />
388-865-0450 Quality management process, 388-865-0452<br />
Emergency crisis intervention services—Additional standards,<br />
388-865-0453 Peer support services, 388-865-0454<br />
Provider of crisis telephone services only, 388-865-0456<br />
Case management services—Additional standards, 388-865-<br />
0458 Psychiatric treatment, including medication supervision—Additional<br />
standards, 388-865-0462 Day treatment<br />
services—Additional standards, 388-865-0464 Consumer<br />
employment services—Additional standards, 388-865-0465<br />
Adult residential treatment facility certification—Additional<br />
standards, 388-865-0466 Community support outpatient certification—Additional<br />
standards, 388-865-0468 Emergency
crisis intervention services certification—Additional standards,<br />
388-865-0470 The process for initial licensing of service<br />
providers, 388-865-0472 Licensing categories, 388-865-<br />
0476 Licensure based on deemed status, 388-865-0478<br />
Renewal of a community support service provider license,<br />
388-865-0480 Procedures to suspend, or revoke a license,<br />
388-865-0482 Procedures to contest a licensing decision, and<br />
388-865-0484 Process to certify providers of involuntary services.<br />
Hearing Location(s): Office Building 2, Lookout Room,<br />
DSHS Headquarters, 1115 Washington, Olympia, WA 98504<br />
(public parking at 11th and Jefferson. A map is available at<br />
http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.<br />
html), on February 26, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: Not earlier than February<br />
27, 2013.<br />
Submit Written Comments to: DSHS Rules Coordinator,<br />
P.O. Box 45850, Olympia, WA 98504, e-mail DSHS<br />
RPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185,<br />
by 5 p.m. on February 26, 2013.<br />
Assistance for Persons with Disabilities: Contact Jennisha<br />
Johnson, DSHS rules consultant, by January 15, 2013,<br />
TTY (360) 664-6178 or (360) 664-6094 or by e-mail at<br />
jennisha.johnson@dshs.wa.gov.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The new rules in<br />
chapters 388-877A, 388-877B, and 388-877C WAC will<br />
establish program-specific rules for mental health, chemical<br />
dependency, and problem and pathological gambling services<br />
and replace the current rules in chapters 388-865, 388-<br />
816, and 388-805 WAC. The new rules support the department's<br />
proposed chapter 388-877 WAC, which will establish<br />
general administrative standards for agencies that provide<br />
behavioral health services.<br />
Reasons Supporting Proposal: The new rules provide<br />
agencies with program-specific rules for mental health,<br />
chemical dependency, and/or problem and pathological gambling<br />
treatment programs that support the department's proposed<br />
chapter 388-877 WAC, which will establish general<br />
administrative standards for agencies that provide behavioral<br />
health services. The rules cross reference to the definitions in<br />
proposed WAC 388-877-0200 that merges and places into<br />
one section definitions for terms and phrases that apply to<br />
both the general behavioral health services administrative<br />
rules and the behavioral health services program-specific<br />
rules.<br />
Statutory Authority for Adoption: Chapters 70.02,<br />
70.96A, 71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090,<br />
43.20A.890; 42 C.F.R. Part 8.<br />
Statute Being Implemented: Chapters 70.02, 70.96A,<br />
71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090,<br />
43.20A.890; 42 C.F.R. Part 8.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Department of social and health<br />
services, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330,<br />
(360) 725-1342; Implementation and Enforcement: Pete<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
Marburger, P.O. Box 45330, Olympia, WA 98504-5330,<br />
(360) 725-1513.<br />
A small business economic impact statement has been<br />
prepared under chapter 19.85 RCW.<br />
Small Business Economic Impact Statement<br />
SUMMARY OF PROPOSED RULES: DSHS (the department's)<br />
division of behavioral health and recovery (DBHR) is<br />
proposing new chapter 388-877A WAC, Mental health services,<br />
chapter 388-877B WAC, Chemical dependency services,<br />
and chapter 388-877C WAC, Problem and pathological<br />
gambling services.<br />
The purpose and scope of these new chapters is to establish<br />
program-specific rules for mental health, chemical<br />
dependency and problem and pathological gambling services<br />
that replace the current rules in chapters 388-865, 388-816,<br />
and 388-805 WAC. The new rules support the department's<br />
proposed chapter 388-877 WAC, which establishes administrative<br />
standards for agencies that provide mental health,<br />
chemical dependency, and problem and pathological gambling<br />
services.<br />
These rules:<br />
(1) Repeal chapters 388-805, 388-816 WAC and sections<br />
in chapter 388-865 WAC and replace them with new<br />
chapters 388-877A, 388-877B, and 388-877C WAC.<br />
(2) Support proposed chapter 388-877 WAC which<br />
allows for a single set of agency administrative, personnel,<br />
and clinical policies and procedures that address specific<br />
treatment populations and levels of care.<br />
(3) Provide program-specific rules in proposed chapters<br />
388-877A, 388-877B, and 388-877C WAC for agencies<br />
licensed under chapter 388-877 WAC that choose to provide<br />
mental health, chemical dependency, and/or problem and<br />
pathological gambling services.<br />
INVOLVEMENT OF STAKEHOLDERS AND SMALL BUSI-<br />
NESSES: The department filed a CR-101 (preproposal statement<br />
of inquiry) under WSR 11-09-067 on April 19, 2011.<br />
On April 27, 2011, copies of the CR-101 were sent to tribal<br />
leaders and all stakeholders and providers listed in DBHR's<br />
listserv data base.<br />
In July 2012, the department invited several stakeholder<br />
participants to assist in drafting the program-specific rules for<br />
mental health services. The group met on five separate occasions.<br />
During each work session, the draft rules were distributed<br />
and discussed. Revisions were made during each meeting<br />
to reflect the consensus of the group.<br />
In October 2012, the department invited several stakeholder<br />
participants to assist in drafting the program-specific<br />
rules for chemical dependency services. The group met for<br />
two all day sessions on October 1 and October 22. During<br />
each work session, the draft rules were distributed and discussed.<br />
Revisions were made during each meeting to reflect<br />
the consensus of the group.<br />
In October 2012, the department sent a draft of the program-specific<br />
rules for problem and pathological gambling to<br />
the Evergreen Counsel on Problem Gambling and the<br />
selected representative for the Problem Gambling Advisory<br />
Committee. The draft was discussed and revisions were<br />
made to the draft rules based on suggestions provided by<br />
stakeholders.<br />
[ 19 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
SMALL BUSINESS ECONOMIC IMPACT STATEMENT<br />
(SBEIS) - DETERMINATION OF NEED: Chapter 19.85 RCW,<br />
the Regulatory Fairness Act, requires that the economic<br />
impact of proposed regulations be analyzed in relation to<br />
small businesses and it outlines the information that must be<br />
included in an SBEIS. Preparation of an SBEIS is required<br />
when a proposed rule has the potential of placing a disproportionate<br />
economic impact on small businesses. The statute<br />
defines small businesses as those business entities that<br />
employ fifty or fewer people and are independently owned<br />
and operated.<br />
Preparation of an SBEIS is required when a proposed<br />
rule has the potential of placing a disproportionate economic<br />
impact on small businesses. The statute outlines information<br />
that must be included in an SBEIS.<br />
These proposed rules impact behavioral health agencies<br />
that provide chemical dependency treatment services, mental<br />
health treatment services, and/or problem and pathological<br />
gambling treatment services. These businesses fall under the<br />
North American Industry Classification System (NAICS)<br />
codes:<br />
• 622210 - Psychiatric and substance abuse hospitals.<br />
• 623220 - Residential substance abuse facilities.<br />
• 621420 - Outpatient substance abuse and mental<br />
health centers.<br />
• 623220 - Residential mental health facilities.<br />
• 621330 - Problem and pathological gambling.<br />
The department previously determined that there were<br />
one hundred twenty-six existing for-profit chemical dependency<br />
treatment agencies that meet the criteria for small businesses<br />
under RCW 19.85.020. Subsequently, the department<br />
decided to consider economic impacts on all for-profit and<br />
publicly funded department-certified chemical dependency<br />
treatment agencies. Therefore, the industry analysis includes<br />
five hundred eighty certified chemical dependency treatment<br />
agencies. The department further determined there are about<br />
one hundred eighty business entities that provide mental<br />
health treatment services at four hundred twenty specific<br />
locations. Of the estimated one thousand services sites providing<br />
chemical dependency and mental health treatment services,<br />
about one hundred sixty business organizations maintain<br />
both a certificate for chemical dependency treatment services<br />
and a license for mental health treatment services. The<br />
department also determined there are twenty-six certified<br />
entities providing problem and pathological gambling treatment<br />
services. Of the twenty-six entities, four are private<br />
individual providers. The other twenty-two sites are located<br />
within certified chemical dependency treatment agencies.<br />
EVALUATION OF PROBABLE COSTS AND PROBABLE<br />
BENEFITS: Since the proposed rules in the new chapter<br />
"make significant amendments to a policy or regulatory program"<br />
under RCW 34.05.328 (5)(c)(iii), the department has<br />
determined the proposed rules to be "significant" as defined<br />
by the Washington state legislature.<br />
As required by RCW 34.05.328 (1)(d), the department<br />
has analyzed the probable costs and probable benefits of the<br />
proposed amendments, taking into account both the qualitative<br />
and quantitative benefits and costs. The department's<br />
<strong>Proposed</strong> [ 20 ]<br />
analysis shows the costs and benefits of the proposed rules to<br />
those impacted by the rules. Impacted groups include:<br />
• DBHR-certified chemical dependency service programs<br />
owned by nonprofit businesses, for-profit<br />
businesses, public nonprofit providers, and tribal<br />
programs.<br />
• DBHR-licensed and/or -certified mental health service<br />
programs owned by nonprofit businesses, public<br />
nonprofit providers, or tribal programs.<br />
• Sole proprietors that choose to become a certified<br />
problem and pathological gambling treatment program.<br />
COSTS: Under chapter 19.85 RCW, DBHR has considered<br />
annual costs to small businesses that are $50 or more per<br />
client. The department's analysis revealed that there are costs<br />
for the proposed new rules that will affect treatment services<br />
provided at approximately one thousand sites that meet the<br />
definition of a small business.<br />
Agencies that wish to become department-licensed or -<br />
certified to provide behavioral health services must submit<br />
either a new agency or added service application to the<br />
department's DBHR.<br />
The proposed implementation of chapters 388-877A,<br />
388-877B, and 388-877C WAC includes the requirements<br />
for individual providers that are not already certified or<br />
licensed by the department, or for programs that are currently<br />
certified or licensed under chapter 388-816, 388-805, or 388-<br />
865 WAC. The department is proposing to repeal sections in<br />
these chapters and adopt new program-specific rules that regulate<br />
outpatient mental health, chemical dependency, and<br />
problem and pathological gambling programs.<br />
Costs include:<br />
(1) A one-time cost for developing a policy and procedures<br />
manual that meets the requirements of the new rules.<br />
(2) Updating/creating required forms.<br />
(3) Assuring facility meets structural accessibility for<br />
current mental health programs.<br />
(4) Complying with application requirements for added<br />
services or branch sites.<br />
(5) Notification requirements of facility remodeling,<br />
approval for change of ownership, and voluntary program<br />
suspension or closure.<br />
(6) Updating electronic health records.<br />
The estimated costs for the agency's policy and procedures<br />
manual would be $0 to $5,000, depending on the<br />
agency's current chemical dependency or mental health certification<br />
or licensure. The costs would vary depending on the<br />
number and complexity of the licensed and/or certified programs<br />
and if the agency contracts with other entities to implement<br />
the programs and/or hires its own staff.<br />
The following table identifies the types of programs and<br />
corresponding changes and estimated costs an agency may<br />
incur to implement these rules:
Types of Programs<br />
Certified chemical dependency<br />
program<br />
Licensed and/or certified<br />
mental health programs<br />
Certified problem and<br />
pathological gambling programs<br />
(applies only if the<br />
program is not part of a<br />
certified chemical dependency<br />
program or licensed<br />
mental health program)<br />
Probable Required<br />
Changes and/or Revisions<br />
• Policy and procedures<br />
manual<br />
• Form revision<br />
• Electronic health<br />
record revision<br />
• Policy and procedures<br />
manual<br />
• Form revision<br />
• Electronic health<br />
record revision<br />
• Policy and procedures<br />
manual<br />
• Form revision<br />
• Electronic health<br />
record revision<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
Estimated<br />
Costs<br />
$0 - $5,000<br />
$0 - $5,000<br />
$0 - $5,000<br />
Mitigating Costs: Costs are determined to be minor<br />
under chapter 19.85 RCW. For the rules of DSHS, "minor<br />
cost" means cost per business that is less than fifty dollars of<br />
annual cost per client or other appropriate unit of service.<br />
The department plans to revise forms, as necessary, and<br />
post on the DBHR web site for agencies to download and<br />
copy. The cost for manual changes/revisions will be a onetime<br />
cost to the agency. The department will have staff available<br />
to answer any questions an agency may have in order to<br />
implement these rules. Agencies that choose to serve more<br />
than one client population will no longer incur costs to maintain<br />
multiple sets of policies and procedures, clinical records,<br />
and separate forms. Clients served by these agencies will be<br />
able to receive more seamless care.<br />
BENEFITS: The benefits to the implementation of these<br />
rules include individual care, programmatic, administrative,<br />
and improved cross-systems collaboration.<br />
(1) The new rules support proposed chapter 388-877<br />
WAC that will integrate similar functions, such as individual<br />
service plans and rules for agency administrative, personnel,<br />
and clinical requirements.<br />
(2) The rules provide an agency with program-specific<br />
rules for chemical dependency, mental health, and/or problem<br />
and pathological gambling treatment programs.<br />
(3) The rules allow an individual needing more than one<br />
behavioral health treatment service to have one client record.<br />
(4) The rules allow a single audit for all behavioral<br />
health services programs provided by an agency, and eliminate<br />
the need for multiple audits for agencies providing more<br />
than one behavioral health service.<br />
(5) The rules provide standardization to all behavioral<br />
health services programs.<br />
(6) The rules cross-reference to the proposed definitions<br />
in WAC 388-877-0200 that merge and place into one section<br />
definitions that apply to the general behavioral health services<br />
administrative rules and the program-specific rules for<br />
mental health, chemical dependency, and problem and pathological<br />
gambling services.<br />
The department believes that new jobs will be created as<br />
a result of small businesses complying with these rules. This<br />
opinion is supported by department-hosted stakeholder/pro-<br />
vider discussions held at statewide stakeholder meetings and<br />
by several all-day work group sessions attended by volunteer<br />
stakeholders and DBHR staff members.<br />
Agencies that elect to provide a combination of behavioral<br />
health services under proposed chapter 388-877 WAC<br />
must employ or contract credentialed staff to meet the rules<br />
for the program services they are licensed and/or certified to<br />
provide. The new rules contain these requirements.<br />
CONCLUSION: The department has given careful consideration<br />
to the impact of proposed rules in chapters 388-877A,<br />
388-877B, 388-877C WAC on small businesses. To comply<br />
with the Regulatory Fairness Act (chapter 19.85 RCW), the<br />
department has analyzed impacts on small businesses and<br />
proposed ways to mitigate costs. The department has determined<br />
the costs to be minor and has determined the probable<br />
benefits outweigh the probable costs.<br />
Please contact Kathy Sayre if you have any questions at<br />
(360) 725-1342, toll free at 1-877-301-4557, or by e-mail at<br />
kathy.sayre@dshs.wa.gov.<br />
A copy of the statement may be obtained by contacting<br />
Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330,<br />
phone (360) 725-1342, fax (360) 725-2280, e-mail kathy.<br />
sayre@dshs.wa.gov.<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
contacting Kathy Sayre, P.O. Box 45330, Olympia, WA<br />
98504-5330, phone (360) 725-1342, fax (360) 725-2280, email<br />
kathy.sayre@dshs.wa.gov.<br />
December 20, 2012<br />
Katherine I. Vasquez<br />
Rules Coordinator<br />
Chapter 388-877A WAC<br />
OUTPATIENT MENTAL HEALTH SERVICES<br />
NEW SECTION<br />
Outpatient Mental Health Services<br />
WAC 388-877A-0100 Outpatient mental health services—General.<br />
The rules in WAC 388-877A-0100 through<br />
388-877A-0197 apply to behavioral health agencies that provide<br />
outpatient mental health services. The definitions in<br />
WAC 388-877-0200 also apply to outpatient mental health<br />
services.<br />
(1) Outpatient mental health services are intended to<br />
improve and/or reduce symptoms, and resolve situational disturbances<br />
for individuals in the areas of relational, occupational<br />
and/or vocational concerns.<br />
(2) Outpatient mental health services include:<br />
(a) Brief intervention treatment services (see WAC 388-<br />
877A-0140);<br />
(b) Group therapy services (see WAC 388-877A-0150);<br />
(c) Family therapy services (see WAC 388-877A-0155);<br />
and<br />
(d) Case management services (see WAC 388-877A-<br />
0170).<br />
[ 21 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(3) The following are optional services which a behavioral<br />
health agency certified for outpatient mental health services<br />
may choose to provide:<br />
(a) Peer support services (see WAC 388-877A-0175);<br />
(b) Psychiatric medication services (see WAC 388-<br />
877A-0180);<br />
(c) Medication support services (see WAC 388-877A-<br />
0185);<br />
(d) Day support services (see WAC 388-877A-0190);<br />
(e) Less restrictive alternative (LRA) support services<br />
(see WAC 388-877A-0195); and<br />
(f) Residential treatment facility (see WAC 388-877A-<br />
0197).<br />
(4) An agency providing outpatient mental health services<br />
to individuals must:<br />
(a) Be licensed by the department as a behavioral health<br />
agency.<br />
(b) Meet the applicable behavioral health agency licensure,<br />
certification, administration, personnel, and clinical<br />
requirements in chapter 388-877 WAC.<br />
(c) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 877 WAC; and<br />
(ii) Program-specific requirements in WAC 388-877A-<br />
0140 through 388-877A-0197 for each outpatient mental<br />
health service provided.<br />
(iii) Department of Corrections Access to Confidential<br />
Mental Health Information requirements in WAC 388-865-<br />
600 through 388-865-0640.<br />
(5) At the verbal or written request of the individual, the<br />
agency must:<br />
(a) Include the individual's family members, significant<br />
others, and other relevant treatment providers in the services<br />
provided by the agency; and<br />
(b) Document the request in the individual's clinical<br />
record.<br />
(6) If an individual has a crisis plan, the crisis plan must<br />
be:<br />
(a) Placed in the individual's clinical record; and<br />
(b) Made available to the following, subject to state and<br />
federal confidentiality rules and laws:<br />
(i) Designated mental health professionals;<br />
(ii) Crisis team members; and<br />
(iii) Voluntary and involuntary inpatient evaluation and<br />
treatment facilities.<br />
(7) An agency that provides services at an established<br />
off-site location(s) must:<br />
(a) Maintain a list of each established off-site location<br />
where services are provided.<br />
(b) Include, for each established off-site location:<br />
(i) The name and address of the location the services are<br />
provided;<br />
(ii) The primary purpose of the off-site location;<br />
(iii) The service(s) provided; and<br />
(iv) The date off-site services began at that location.<br />
(8) An agency providing in-home services or services in<br />
a public setting must:<br />
(a) Implement and maintain a written protocol of how<br />
services will be offered in a manner that promotes individual<br />
and staff member safety; and<br />
<strong>Proposed</strong> [ 22 ]<br />
(b) For the purpose of emergency communication, and as<br />
required by RCW 71.05.710, provide a wireless telephone, or<br />
comparable device, to any mental health professional who<br />
makes home visits to individuals.<br />
(9) An agency must:<br />
(a) Maintain an individual's confidentiality at the off-site<br />
location;<br />
(b) Transport confidential information and individual<br />
records between the licensed agency and the off-site location,<br />
if applicable;<br />
(c) Be certified to provide the type of mental health service<br />
offered at each off-site location; and<br />
(d) Ensure the mental health services provided at off-site<br />
locations meet the requirements of all applicable local, state,<br />
and federal rules and laws.<br />
NEW SECTION<br />
WAC 388-877A-0110 Outpatient mental health services—Agency<br />
staff requirements. In addition to meeting<br />
the agency administration and personnel requirements in<br />
WAC 388-877-0400 through 388-877-0530, an agency providing<br />
outpatient mental health services must ensure:<br />
(1) All outpatient mental health services are provided by,<br />
or under the supervision of, a mental health professional;<br />
(2) Each staff member working directly with an individual<br />
receiving mental health services receives:<br />
(a) Clinical supervision from a mental health professional<br />
who is licensed by department of health as an independent<br />
practitioner under chaper 18.19 RCW; and<br />
(b) Annual violence prevention training on the safety and<br />
violence prevention topics described in RCW 49.19.030.<br />
(3) Staff access to consultation with a psychiatrist or a<br />
physician who has at least one year's experience in the direct<br />
treatment of individuals who have a mental or emotional disorder.<br />
Reviser's note: The spelling error in the above section occurred in the<br />
copy filed by the agency and appears in the Register pursuant to the requirements<br />
of RCW 34.08.040.<br />
NEW SECTION<br />
WAC 388-877A-0120 Outpatient mental health services—Clinical<br />
record content and documentation. In<br />
addition to meeting the general clinical record content<br />
requirements in WAC 388-877-0640, an agency providing<br />
any outpatient mental health service is responsible for an<br />
individual's clinical record. The clinical record must document:<br />
(1) That the agency requested a copy of and placed in the<br />
record, if provided, the following:<br />
(a) Discharge summaries and/or evaluations resulting<br />
from outpatient or inpatient mental health services received<br />
within the last five years, if available; and<br />
(b) Any crisis plan that has been developed.<br />
(2) Any previously accessed inpatient or outpatient services<br />
and/or medications to treat a mental health condition.<br />
(3) That services were provided by, or under the clinical<br />
supervision of, a mental health professional.<br />
(4) Any clinical consultation and/or evaluation provided.
(5) Progress notes in a timely manner and before any<br />
subsequent scheduled appointments of the same type of service<br />
session or group type occur. Progress notes must<br />
include the date, time, duration, participant names, and a<br />
brief summary of the session and the name of the staff member<br />
who provided it.<br />
(6) That the individual was provided with information<br />
and education about the individual's mental illness.<br />
(7) Any referrals to other services and supports, including<br />
referrals to treatment for co-occurring disorders and<br />
health care.<br />
(8) That with the individual's consent, the individual's<br />
self-identified family members and significant others were<br />
provided with information and education about the individual's<br />
mental illness.<br />
(9) That the additional requirements for any optional outpatient<br />
services the agency providers are met.<br />
(10) That staff members met with each individual at the<br />
time of discharge, unless the individual left without notice,<br />
to:<br />
(a) Determine the appropriate recommendation for care<br />
and finalize a continuing care plan;<br />
(b) Assist the individual in making contact with necessary<br />
agencies or services; and<br />
(c) Provide and document the individual as provided<br />
with a copy of the plan.<br />
(11) That a discharge summary was completed within<br />
seven working days of the individual's discharge. The discharge<br />
plan must include the date of discharge, plan goals,<br />
legal status, and if applicable, current prescribed medication.<br />
NEW SECTION<br />
WAC 388-877A-0130 Outpatient mental health services—Additional<br />
assessment standards. In addition to the<br />
assessment requirements in WAC 388-877-0610, an agency<br />
providing any outpatient mental health service must ensure<br />
the clinical mental health components of the assessment:<br />
(1) Are provided by a mental health professional.<br />
(2) Are initiated within ten working days from the date<br />
on which the individual or the individual's parent or legal representative<br />
requests services, and completed within thirty<br />
working days of the initial assessment.<br />
(3) Gather sufficient information to determine if a mental<br />
illness exists, and if there are services available within the<br />
agency to address the individual's needs.<br />
(4) Document presenting problem(s) as described by the<br />
individual. The agency may contact the person(s) who provide<br />
active support to the individual in order to validate<br />
and/or obtain further information regarding the individual's<br />
presenting problem:<br />
(a) Only at the request of the individual, if the individual<br />
is thirteen years of age or older; or<br />
(b) At the agency's discretion, if the individual is twelve<br />
years of age or younger.<br />
(5) Contain sufficient clinical information, including a<br />
review of any documentation of a mental health condition<br />
provided by the individual, to justify the diagnosis using criteria<br />
in the:<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(a) Diagnostic and Statistical Manual (DSM IV TR,<br />
2000) as it existed on the effective date of this section; then<br />
(b) DSM-5 as it exists when published and released in<br />
2013, consistent with the purposes of this section. Information<br />
regarding the publication date and release of the DSM-5<br />
is posted on the American Psychiatric Association's public<br />
website at www.DSM5.org.<br />
(6) Contain a developmental history if the individual is a<br />
child.<br />
(7) Are culturally and age relevant.<br />
NEW SECTION<br />
WAC 388-877A-0135 Outpatient mental health services—Individual<br />
service plan. In addition to the individual<br />
service plan requirements in WAC 388-877-0620, an agency<br />
providing any outpatient mental health service must ensure<br />
the following for an individual service plan. The individual<br />
service plan must:<br />
(1) Be completed within thirty days from the date of the<br />
first session following the initial assessment.<br />
(2) Be consumer-driven, strength-based, and meet the<br />
individual's unique mental health needs.<br />
(3) Be initiated with at least one goal identified by the<br />
individual or if applicable, the individual's parent or legal<br />
representative, during the initial assessment or the first service<br />
session following the assessment.<br />
(4) Document that the plan was updated to reflect any<br />
changes in the individual's treatment needs, or as requested<br />
by the individual or, if applicable, the individual's parent or<br />
legal representative.<br />
(5) Document coordination with any systems or organizations<br />
the individual identities as being relevant to treatment,<br />
with the individual's consent or if applicable, the consent<br />
of the individual's parent or legal representation. This<br />
includes coordination with any individualized family service<br />
plan (IFSP) when serving an individual three years of age or<br />
younger.<br />
(6) Identify service modalities, mutually agreed upon by<br />
the individual and provider, for this treatment episode.<br />
NEW SECTION<br />
WAC 388-877A-0140 Outpatient mental health services—Brief<br />
intervention treatment. Brief intervention<br />
treatment services are solution-focused and outcome-oriented<br />
cognitive and behavioral interventions, intended to<br />
resolve situational disturbances. These services do not<br />
require long term treatment, and do not include ongoing care,<br />
maintenance, or monitoring of the individual's current level<br />
of function or assistance with self-care or life skills training.<br />
(1) An agency providing brief intervention treatment services<br />
to individuals must meet the individual service plan<br />
requirements in WAC 388-877-0620 and ensure the individual<br />
service plan identifies a course of treatment to be completed<br />
in six months or less.<br />
(2) The additional assessment and individual service<br />
plan requirements in WAC 388-877A-0130 and 388-877A-<br />
0135 do not apply to brief intervention treatment.<br />
[ 23 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(3) An individual may move from brief intervention<br />
treatment to longer term outpatient mental health services at<br />
any time.<br />
NEW SECTION<br />
WAC 388-877A-0150 Outpatient mental health services—Group<br />
therapy services. Group therapy services are<br />
provided to an individual in a group setting to assist the individual<br />
in attaining the goals described in the individual service<br />
plan. An agency providing group therapy services must:<br />
(1) Have a written description of each group's purpose.<br />
(2) Ensure group services are provided with a staff ratio<br />
of one staff member for every twelve individuals.<br />
(3) Ensure a group does not contain more than twentyfour<br />
individuals.<br />
(4) Ensure all nonmental health professionals facilitating<br />
a group receive supervision by a mental health professional.<br />
The mental health professional must document the supervision.<br />
Any group containing more than twelve individuals<br />
must have at least one facilitator or co-facilitator that is a<br />
mental health professional.<br />
(5) Ensure group notes are recorded in each individual's<br />
clinical record before the next group meeting. Group notes<br />
must include the attendance of the individual, the participation<br />
of the individual, progress towards goals stated in the<br />
individual's service plan, and any significant events shared by<br />
the individual.<br />
NEW SECTION<br />
WAC 388-877A-0155 Outpatient mental health services—Family<br />
therapy services. Family therapy services<br />
are services provided for the direct benefit of an individual,<br />
with family members and/or other relevant persons in attendance.<br />
Interventions must identify and build competencies to<br />
strengthen family functioning in relationship to the individual's<br />
identified goals. The individual may or may not be present.<br />
An agency providing family therapy services must:<br />
(1) Ensure the services are provided by:<br />
(a) A mental health professional who has documented<br />
training in family therapy; or<br />
(b) A staff member under the supervision of a mental<br />
health professional. The staff member must have documented<br />
training in family therapy.<br />
(2) With the individual's written consent, provide information<br />
and education about the individual's illness to family<br />
members of other relevant persons in order to assist the individual<br />
in managing the mental illness.<br />
NEW SECTION<br />
WAC 388-877A-0170 Outpatient mental health services—Case<br />
management services. Case management services<br />
are services that meet the ongoing assessment, facilitation,<br />
care coordination and advocacy for options and services<br />
to meet an individual's needs through communication and<br />
available resources, to promote quality and effective outcomes.<br />
Case management services assist an individual to<br />
achieve the goals stated in the plan. These services support<br />
consumer employment, education and/or participation in<br />
<strong>Proposed</strong> [ 24 ]<br />
other daily activities appropriate to the individual's age, gender<br />
and culture. Case management services assist an individual<br />
to resolve crises in the least restrictive setting.<br />
Rehabilitative case management services include specific<br />
rehabilitative services provided to assist in an individual's<br />
discharge from an inpatient facility and minimize the<br />
risk of readmission to an inpatient setting.<br />
NEW SECTION<br />
WAC 388-877A-0175 Outpatient mental health services—Peer<br />
support services—Optional. Peer support services<br />
are a wide range of optional activities provided to assist<br />
an individual in exercising control over their own lives and<br />
recovery process. Examples of peer support services are<br />
developing self-advocacy and natural supports, maintaining<br />
living skills, and promoting socialization. Services include<br />
the practice of peer counselors who share their own life experiences<br />
related to mental illness to build alliances that<br />
enhance the individual's ability to function. Peer support services<br />
are intended to augment and not supplant other necessary<br />
mental health services. An agency providing peer support<br />
services must:<br />
(1) Ensure services are provided by a peer counselor credentialed<br />
under WAC 388-865-0107, under the consultation,<br />
facilitation, or supervision of a mental health professional.<br />
(2) Ensure that services are provided by peer counselors<br />
who are practicing within the scope of the peer counselor's<br />
training and credential.<br />
(3) Provide peer counselors with annual training that is<br />
relevant to their unique working environment.<br />
(4) Ensure the individual service plan defines the frequency,<br />
duration, and expected outcome of all peer support<br />
services provided by a peer counselor.<br />
(5) Ensure the peer counselor documents objective progress<br />
toward the goals established in the individual service<br />
plan for each service encounter with an individual.<br />
NEW SECTION<br />
WAC 388-877A-0180 Outpatient mental health services—Psychiatric<br />
medication services—Optional. Psychiatric<br />
medication services are a variety of activities related<br />
to prescribing and/or administering medication, including<br />
monitoring an individual for side effects and changes as<br />
needed. Medication services are optional services but must<br />
be provided with one of the outpatient mental health services<br />
in WAC 388-877A-0100(2). An agency providing psychiatric<br />
medication services:<br />
(1) Must ensure medical direction and responsibility are<br />
assigned to a physician who is licensed to practice under<br />
chapter 18.57 or 18.71 RCW, and is board-certified or boardeligible<br />
in psychiatry.<br />
(2) Must ensure that the services are provided by a prescriber<br />
licensed by department of health who is practicing<br />
within the scope of that practice.<br />
(3) Must ensure that all medications administered by<br />
staff are administered by staff practicing within the scope of<br />
their practice.<br />
(4) Must have a process by which the medication prescriber<br />
informs the individual, and/or the legally responsible
party, and, as appropriate, family members, of the potential<br />
effects and side effects of the prescribed medication(s).<br />
(5) Must review prescribed medications at least every<br />
three months.<br />
(6) Must complete an inventory every three months of all<br />
medication stored.<br />
(7) Must ensure that all medications maintained by the<br />
agency are safely and securely stored, including assurance<br />
that:<br />
(a) Medications are kept in locked cabinets within a<br />
well-illuminated, locked and properly ventilated room;<br />
(b) Medications kept for individuals on medication<br />
administration or self-administration programs are clearly<br />
labeled and stored separately from medication samples kept<br />
on site;<br />
(c) Medications marked "for external use only" are<br />
stored separately from oral or injectable medications;<br />
(d) Refrigerated food or beverages used in the administration<br />
of medications are kept separate from the refrigerated<br />
medications by the use of trays or other designated containers;<br />
(e) Syringes and sharp objects are properly stored and<br />
disposed of;<br />
(f) Refrigerated medications are maintained at the<br />
required temperature; and<br />
(g) Outdated medications are disposed of in accordance<br />
with the regulations of the state board of pharmacy and no<br />
outdated medications are retained.<br />
(8) Must ensure that the individual clinical record contains<br />
the following documentation:<br />
(a) The individual was informed of the benefits and possible<br />
side effects of each prescribed medication.<br />
(b) The effects, interactions, and side effects the staff<br />
observe or the individual reports spontaneously or as the<br />
result of questions from staff members.<br />
(c) Clinical notes that include:<br />
(i) The name and signature of the prescribing psychiatric<br />
advanced registered nurse practitioner (ARNP), board eligible<br />
psychiatrist, or physician;<br />
(ii) The name and purpose of each medication prescribed;<br />
(iii) The dosage, frequency, and method of giving each<br />
medication;<br />
(iv) Identification of medications requiring laboratory<br />
monitoring and a frequency schedule for monitoring;<br />
(v) The reasons for changing or stopping any medication;<br />
and<br />
(vi) The dates the medication was prescribed, reviewed<br />
and renewed, as applicable.<br />
(d) That any written orders to administer/discontinue a<br />
medication are generated by a licensed health care provider,<br />
within the scope of the provider's practice, and that:<br />
(i) Written, dated orders are signed by the licensed prescriber<br />
within twenty-four hours; and<br />
(ii) Telephone orders are reviewed and signed off on by<br />
the ordering licensed health care provider, within the scope of<br />
the provider's practice, within twenty-four hours and include:<br />
(A) Documentation that clearly demonstrates emergency<br />
circumstances that required a phone order;<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(B) The name and signature of the individual authorized<br />
by department of health whose scope of practice includes taking<br />
physician's orders over the telephone; and<br />
(C) The time, date and exact details of the telephone<br />
order.<br />
(9) May utilize a physician without board eligibility in<br />
psychiatry if unable to employ or contract with a psychiatrist.<br />
In this case, the agency must ensure that:<br />
(a) Psychiatrist consultation is provided to the physician<br />
at least monthly; and<br />
(b) A psychiatrist is accessible to the physician for emergency<br />
consultation.<br />
NEW SECTION<br />
WAC 388-877A-0185 Outpatient mental health services—Medication<br />
support services—Optional. Medication<br />
support services are optional services performed for the<br />
purpose of facilitating medication adherence and occur faceto-face<br />
with an individual. These services include one-onone<br />
cueing, observing, and encouraging an individual to take<br />
medication as prescribed. Medication support services also<br />
include reporting any pertinent information related to individual's<br />
adherence to the medication back to the agency that<br />
is providing psychiatric medication services. The services<br />
may take place at any location, for as long as it is clinically<br />
necessary, and are provided to an individual with a history of<br />
low medication adherence, an individual newly on medication,<br />
and to an individual new to the specific medication prescribed.<br />
An agency providing medication support services<br />
must:<br />
(1) Ensure the services are provided by, or under the<br />
supervision of, a mental health professional.<br />
(2) Ensure that the staff positions responsible for providing<br />
medication monitoring and/or delivery services are<br />
clearly identified in the agency's medication support services<br />
policy.<br />
(3) Have appropriate written policies and procedures in<br />
place when the agency providing medication support services<br />
maintains and/or delivers medication to the individual. These<br />
policies and procedures must address:<br />
(a) The maintenance of a medication log documenting<br />
medications that are received, prescribed, and dispensed.<br />
(b) Reasonable precautions when transporting medications<br />
to the intended individual and assurance of staff safety.<br />
(c) The prevention of contamination of medication during<br />
delivery, if delivery is provided.<br />
(d) Ensuring that all medications maintained by staff in<br />
the agency are safely and securely stored, as follows:<br />
(i) Medications must be kept in locked cabinets within a<br />
well-illuminated, locked and properly ventilated room;<br />
(ii) Medications kept for individuals on medication<br />
administration or self-administration programs must be<br />
clearly labeled and stored separately from medication samples<br />
kept on site;<br />
(iii) Medications marked "for external use only" must be<br />
stored separately from oral or injectable medications;<br />
(iv) Refrigerated food or beverages used in the administration<br />
of medications must be kept separate from the refrig-<br />
[ 25 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
erated medications by the use of trays or other designated<br />
containers;<br />
(v) Syringes and sharp objects must be properly stored<br />
and disposed of;<br />
(vi) Refrigerated medications must be maintained at the<br />
required temperatures; and<br />
(vii) Outdated medications are disposed of in accordance<br />
with the regulations of the state board of pharmacy, and no<br />
outdated medications are retained.<br />
(4) Ensure that the clinical record contains:<br />
(a) The individual's service plan that includes medication<br />
monitoring services.<br />
(b) Documentation of observations on the individual's<br />
behavior indicating the effects, interactions, and side effects<br />
of prescribed medication, as necessary.<br />
(c) Documentation of regular reviews of the individual's<br />
adherence to the medication monitoring plan as reflected in<br />
the individual service plan.<br />
(d) Documentation of reports to the prescriber about<br />
medication adherence and/or side effects.<br />
NEW SECTION<br />
WAC 388-877A-0190 Outpatient mental health services—Day<br />
support services—Optional. Day support services<br />
are optional services in an intensive rehabilitative program<br />
that provide a range of integrated and varied life skills<br />
training. Day support services are designed to assist an individual<br />
in the acquisition of skills, retention of current functioning,<br />
or improvement in the current level of functioning,<br />
appropriate socialization, and adaptive coping skills. Services<br />
include training in basic living and social skills, and<br />
educational, vocational, pre-vocational, and day activities.<br />
Day support services may include therapeutic treatment. An<br />
agency providing day support services must ensure:<br />
(1) There is at least one staff member providing services<br />
for every twenty individuals;<br />
(2) Staff is available five hours per day, five days per<br />
week to provide support services to individuals; and<br />
(3) The services occur in an environment easily accessible<br />
to the individual.<br />
NEW SECTION<br />
WAC 388-877A-0195 Outpatient mental health services—Less<br />
restrictive alternative (LRA) support services—Optional.<br />
Less restrictive alternative (LRA) support<br />
services are optional outpatient services provided to individuals<br />
on a less restrictive alternative court order. The court<br />
system assigns an individual to an agency and the agency<br />
agrees to provide or monitor the provision of court-ordered<br />
services, including psychiatric and medical components of<br />
community support services. An agency providing LRA support<br />
services must:<br />
(1) Ensure and document that the agency:<br />
(a) Maintains written procedures for managing assaultive<br />
and/or self-destructive individual behavior; and<br />
(b) Provides training to staff members on intervention.<br />
(2) Have a written policy and procedure that allows for<br />
the referral of an individual to an involuntary treatment facility<br />
twenty-four-hours-a-day, seven-days-a-week.<br />
<strong>Proposed</strong> [ 26 ]<br />
(3) Have a written policy and procedure for an individual<br />
who requires involuntary detention that includes procedures<br />
for:<br />
(a) Contacting the designated mental health professional<br />
(DMHP) regarding revocations or extension of an LRA; and<br />
(b) The transportation of an individual, in a safe and<br />
timely manner, for the purpose of:<br />
(i) Evaluation; or<br />
(ii) Evaluation and detention.<br />
(4) Ensure a detained and committed individual is<br />
advised of their rights under chapter 71.05 or 71.34 RCW, as<br />
applicable, and that the individual has the right:<br />
(a) To receive adequate care and individualized treatment;<br />
(b) To make an informed decision regarding the use of<br />
antipsychotic medication and to refuse medication beginning<br />
twenty-four hours before any court proceeding that the individual<br />
has the right to attend;<br />
(c) To maintain the right to be presumed competent and<br />
not lose any civil rights as a consequence of receiving evaluation<br />
and treatment for a mental disorder;<br />
(d) Of access to attorneys, courts, and other legal redress;<br />
(e) To have the right to be told statements the consumer<br />
makes may be used in the involuntary proceedings; and<br />
(f) To have all information and records compiled,<br />
obtained, or maintained in the course of treatment kept confidential<br />
as described in chapters 70.02, 71.05, and 71.34<br />
RCW.<br />
(5) Include in the clinical record a copy of the less<br />
restrictive alternative court order and a copy of any subsequent<br />
modification.<br />
(6) Ensure the development and implementation of an<br />
individual service plan which addresses the conditions of the<br />
less restrictive alternative court order and a plan for transition<br />
to voluntary treatment.<br />
(7) Ensure that the individual receives psychiatric medication<br />
services for the assessment and prescription of psychotropic<br />
medications appropriate to the needs of the individual.<br />
These services must be provided:<br />
(a) At least one time every seven days for an individual<br />
on a fourteen-day less restrictive alternative court order,<br />
unless the individual's attending physician determines<br />
another schedule is more appropriate and documents the new<br />
schedule and the reason(s) in the individual's clinical record.<br />
(b) At least one time every thirty days for an individual<br />
on a ninety-day or one hundred eighty-day less restrictive<br />
alternative court order, unless the individual's attending physician<br />
determines another schedule is more appropriate and<br />
documents the new schedule and the reason(s) in the individual's<br />
clinical record.<br />
(8) Keep a record of the periodic evaluation of each committed<br />
individual for release from, or continuation of, an<br />
involuntary treatment order. Evaluations must occur at least<br />
every thirty days for both ninety-day and one hundred eightyday<br />
commitments.<br />
NEW SECTION<br />
WAC 388-877A-0197 Outpatient mental health services—Residential<br />
treatment facility (RTF)—Optional. A
esidential treatment facility (RTF) provides mental health<br />
treatment services to an individual with a mental disorder.<br />
An agency that operates a mental health RTF must:<br />
(1) Be a facility licensed by the department of health<br />
under chapter 246-337 WAC;<br />
(2) Be certified for and provide the following outpatient<br />
services:<br />
(a) Case management services (see WAC 388-877A-<br />
0170);<br />
(b) Less restrictive alternative support services (see<br />
WAC 388-877A-0195); and<br />
(c) Medication support services (see WAC 388-877A-<br />
0185).<br />
Crisis Mental Health Services<br />
NEW SECTION<br />
WAC 388-877A-0200 Crisis mental health services—<br />
General. The rules in WAC 388-877A-0200 through 377A-<br />
0280 apply to behavioral health agencies that provide crisis<br />
mental health services. The definitions in WAC 388-877-<br />
0200 also apply to crisis mental health services.<br />
(1) Crisis mental health services are intended to stabilize<br />
an individual in crisis to:<br />
(a) Prevent further deterioration;<br />
(b) Provide immediate treatment and intervention in a<br />
location best suited to meet the needs of the individual; and<br />
(c) Provide treatment services in the least restrictive<br />
environment available.<br />
(2) Crisis mental health services include:<br />
(a) Crisis telephone support (see WAC 388-877A-0230);<br />
(b) Crisis outreach services (see WAC 388-877A-0240);<br />
(c) Crisis stabilization services (see WAC 388-877A-<br />
0260);<br />
(d) Crisis peer support services (see WAC 388-877A-<br />
0270); and<br />
(e) Emergency involuntary detention services (see WAC<br />
388-877A-0280).<br />
(3) An agency providing any crisis mental health service<br />
to an individual must:<br />
(a) Be licensed by the department as a behavioral health<br />
agency;<br />
(b) Be certified by the department to provide crisis mental<br />
health services;<br />
(c) Meet the applicable behavioral health agency licensure,<br />
administration, personnel, and clinical requirements in<br />
chapter 388-877 WAC, Behavioral health services administrative<br />
requirements; and<br />
(d) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC;<br />
(ii) Program-specific requirements in WAC 388-877A-<br />
0230 through WAC 388-877A-0280 for each crisis mental<br />
health service provided; and<br />
(iii) Department of Corrections Access to Confidential<br />
Mental Health Information requirements in WAC 388-865-<br />
600 through 388-865-0640.<br />
(4) An agency providing crisis mental health services<br />
only is not required to meet the initial assessment, individual<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
service plan, and clinical record requirements in WAC 388-<br />
877-0610, 388-877-0620, and 388-877-0640.<br />
(5) An agency must ensure crisis mental health services:<br />
(a) Are, with the exception of stabilization services,<br />
available twenty-four hours a day, seven days a week;<br />
(b) Include family members, significant others, and other<br />
relevant treatment providers, as necessary, to provide support<br />
to the individual in crisis; and<br />
(c) Are provided in a setting that provides for the safety<br />
of the individual and agency staff members.<br />
(6) An agency providing involuntary crisis mental health<br />
services must hold a contract with the county in which it is<br />
located, or the appropriate regional support network (RSN).<br />
NEW SECTION<br />
WAC 388-877A-0210 Crisis mental health services—<br />
Agency staff requirements. In addition to meeting the<br />
agency administrative and personnel requirements in WAC<br />
388-877-0400 through 388-877-0530, an agency providing<br />
any crisis mental health service must ensure:<br />
(1) All crisis mental health services are provided by, or<br />
under the supervision of, a mental health professional;<br />
(2) Each staff member working directly with an individual<br />
receiving any crisis mental health service in WAC 388-<br />
877A-0230 through 388-877A-0270 receives:<br />
(a) Clinical supervision from a mental health professional<br />
and/or an independent practitioner licensed by department<br />
of health; and<br />
(b) Annual violence prevention training on the safety and<br />
violence prevention topics described in RCW 49.19.030. The<br />
staff member's personnel record must document the training.<br />
(3) With the exception to providing crisis telephone services,<br />
staff access to consultation with one of the following<br />
professionals who has at least one year's experience in the<br />
direct treatment of individuals who have a mental or emotional<br />
disorder:<br />
(a) A psychiatrist;<br />
(b) A physician; or<br />
(c) An advanced registered nurse practitioner (ARNP)<br />
who has prescriptive authority.<br />
NEW SECTION<br />
WAC 388-877A-0220 Crisis mental health services—<br />
Record content and documentation requirements. An<br />
agency providing any crisis mental health service in WAC<br />
388-877A-0230 through 388-877A-0280 must maintain a<br />
record that contains timely documentation. Documentation<br />
must include the following, as applicable to the crisis service<br />
provided:<br />
(1) Each crisis service encounter, including the date,<br />
time, and duration of the encounter;<br />
(2) The names of the participants;<br />
(3) A brief summary of the service encounter; and<br />
(4) A follow-up plan, including any referrals for services,<br />
including emergency medical services.<br />
[ 27 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
NEW SECTION<br />
WAC 388-877A-0230 Crisis mental health services—<br />
Telephone support services. Telephone support services are<br />
services provided as a means of first contact to an individual<br />
in crisis. These services may include de-escalation and referral.<br />
(1) An agency providing telephone support services<br />
must:<br />
(a) Respond to crisis calls twenty-four-hours-a-day,<br />
seven-days-a week.<br />
(b) Have a written protocol for the referral of an individual<br />
to voluntary or involuntary treatment facility for admission<br />
on a seven-day-a-week, twenty-four-hour-a-day basis,<br />
including arrangements for contacting the designated mental<br />
health professional.<br />
(c) Assure communication and coordination with the<br />
individual's mental health care provider, if indicated and<br />
appropriate.<br />
(d) Post a copy of the statement of individual rights in a<br />
location visible to staff and agency volunteers.<br />
(2) An agency must document each telephone crisis<br />
response contact made, including:<br />
(a) The date, time, and duration of the telephone call;<br />
(b) The relationship of the caller to the person in crisis,<br />
for example self, family member, or friend;<br />
(c) Whether the individual in crisis has a crisis plan; and<br />
(d) The outcome of the call, including:<br />
(i) Follow-up contacts made;<br />
(ii) Referrals made, including referrals to emergency or<br />
other medical services; and<br />
(iii) The name of the staff person who took the crisis call.<br />
NEW SECTION<br />
WAC 388-877A-0240 Crisis mental health services—<br />
Outreach services. Crisis outreach services are face-to-face<br />
intervention services provided to assist individuals in a community<br />
setting. A community setting can be an individual's<br />
home, an emergency room, a nursing facility, or other private<br />
or public location. An agency providing crisis outreach services<br />
must:<br />
(1) Provide crisis telephone screening.<br />
(2) Have staff available twenty-four-hours-a-day, sevendays-a-week<br />
to respond to a crisis.<br />
(3) Ensure face-to-face outreach services are provided<br />
by a mental health professional.<br />
(4) Ensure services are provided in a setting that provides<br />
for the safety of the individual and agency staff members.<br />
(5) Have a protocol for requesting a copy of an individual's<br />
crisis plan twenty-four-hours-a-day, seven-days-aweek.<br />
(6) Require that staff member(s) remain with the individual<br />
in crisis in order to provide stabilization and support until<br />
the crisis is resolved or a referral to another service is accomplished.<br />
(7) Resolve the crisis in the least restrictive manner possible.<br />
(8) Have a written plan for training, staff back-up, information<br />
sharing, and communication for staff members who<br />
<strong>Proposed</strong> [ 28 ]<br />
respond to a crisis in an individual's private home or in a nonpublic<br />
setting.<br />
(9) Ensure that a staff member responding to a crisis is<br />
able to be accompanied by a second trained individual when<br />
services are provided in the individual's home or other nonpublic<br />
location.<br />
(10) Ensure that any mental health professional who<br />
engages in home visits is provided by their employer with a<br />
wireless telephone, or comparable device for the purpose of<br />
emergency communication as described in RCW 71.05.710.<br />
(11) Provide staff members who are sent to a private<br />
home or other private location to evaluate an individual in<br />
crisis, prompt access to information about any history of dangerousness<br />
or potential dangerousness on the individual they<br />
are being sent to evaluate that is documented in a crisis<br />
plan(s) or commitment record(s). The information must be<br />
made available without unduly delaying the crisis response.<br />
(12) Have a written protocol that allows for the referral<br />
of an individual to a voluntary or involuntary treatment facility<br />
twenty-four-hours-a-day, seven-days-a-week.<br />
(13) Have a written protocol for the transportation of an<br />
individual in a safe and timely manner, when necessary.<br />
(14) Document all crisis response contacts, including:<br />
(a) The date, time, and location of the initial contact.<br />
(b) The source of referral or identity of caller.<br />
(c) The nature of the crisis.<br />
(d) Whether the individual has a crisis plan and any<br />
attempts to obtain a copy.<br />
(e) The time elapsed form the initial contact to the faceto-face<br />
response.<br />
(f) The outcome, including:<br />
(i) The basis for a decision not to respond in person;<br />
(ii) Any follow-up contacts made; and<br />
(iii) Any referrals made, including referrals to emergency<br />
medical services.<br />
(g) The name of the staff person(s) who responded to the<br />
crisis.<br />
NEW SECTION<br />
WAC 388-877A-0260 Crisis mental health services—<br />
Stabilization services. Crisis stabilization services include<br />
short-term (less than two weeks per episode) face-to-face<br />
assistance with life skills training and understanding of medication<br />
effects on an individual. Stabilization services may<br />
be provided to an individual as a follow-up to crisis services<br />
provided or to any individual determined by a mental health<br />
professional to need additional stabilization services. An<br />
agency providing crisis stabilization services must:<br />
(1) Ensure the services are provided by a mental health<br />
professional, or under the supervision of a mental health professional.<br />
(2) Ensure the services are provided in a setting that provides<br />
for the safety of the individual and agency staff.<br />
(3) Have a written plan for training for staff back-up,<br />
information sharing, and communication for staff members<br />
who respond to a crisis in an individual's private home or in a<br />
nonpublic setting.
(4) Have a protocol for requesting a copy of an individual's<br />
crisis plan twenty-four-hours-a-day, seven-days-aweek.<br />
(5) Ensure that a staff member responding to a crisis is<br />
able to be accompanied by a second trained individual when<br />
services are provided in the individual's home or other nonpublic<br />
location.<br />
(6) Ensure that any mental health professional who<br />
engages in home visits is provided by their employer with a<br />
wireless telephone, or comparable device, for the purpose of<br />
emergency communication as described in RCW 71.05.710.<br />
(7) Have a written protocol that allows for the referral of<br />
an individual to a voluntary or involuntary treatment facility<br />
twenty-four-hours-a-day, seven-days-a-week.<br />
(8) Have a written protocol for the transportation of an<br />
individual in a safe and timely manner, when necessary.<br />
(9) Document all crisis stabilization response contacts,<br />
including identification of the staff person(s) who responded.<br />
NEW SECTION<br />
WAC 388-877A-0270 Crisis mental health services—<br />
Peer support services. Crisis peer support services provide a<br />
wide range of activities to assist an individual in exercising<br />
control over their own life and recovery process.<br />
(1) Peer support services:<br />
(a) Include:<br />
(i) Developing self-advocacy and natural supports;<br />
(ii) Maintenance of community living skills;<br />
(iii) Promoting socialization skills;<br />
(iv) The practice of peer counselors sharing their own<br />
life experiences related to mental illness to build alliances<br />
that enhance the individual's ability to function.<br />
(b) Are intended to augment and not supplant other necessary<br />
mental health services.<br />
(2) An agency providing crisis peer support services<br />
must:<br />
(a) Ensure services are provided by a peer counselor,<br />
properly credentialed under WAC 388-865-0107, under the<br />
supervision of a mental health professional.<br />
(b) Ensure services provided by a peer counselor are<br />
within the scope of the peer counselor's training and credential.<br />
(c) Ensure that a peer counselor responding to a crisis is<br />
accompanied by a mental health professional.<br />
(d) Ensure that any staff member who engages in home<br />
visits is provided by their employer with a wireless telephone,<br />
or comparable device, for the purpose of emergency<br />
communication as described in RCW 71.05.710.<br />
(e) Ensure peer counselors receive annual training that is<br />
relevant to their unique working environment.<br />
NEW SECTION<br />
WAC 388-877A-0280 Crisis mental health services—<br />
Emergency involuntary detention services. Emergency<br />
involuntary detention services are services provided by a designated<br />
mental health professional (DMHP) to evaluate an<br />
individual in crisis and determine if involuntary services are<br />
required.<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
An agency providing emergency involuntary detention<br />
services must:<br />
(1) Ensure that services are provided by a DMHP.<br />
(2) Ensure staff members are available twenty-fourhours-a-day,<br />
seven-days-a-week.<br />
(3) Ensure staff members utilize the protocols for<br />
DMHPs required by RCW 71.05.214.<br />
(4) Have a written agreement with a certified inpatient<br />
evaluation and treatment facility to allow admission of an<br />
individual twenty-four-hours-a-day, seven-days-a week.<br />
(5) Have a plan for training, staff back-up, information<br />
sharing, and communication for a staff member who<br />
responds to a crisis in a private home or a nonpublic setting.<br />
(6) Ensure that a DMHP is able to be accompanied by a<br />
second trained individual.<br />
(7) Ensure that a DMHP who engages in home visits is<br />
provided by their employer with a wireless telephone, or<br />
comparable device, for the purpose of emergency communication<br />
as described in RCW 71.05.710.<br />
(8) Provide staff members, who are sent to a private<br />
home or other private location to evaluate an individual in<br />
crisis, prompt access to information about any history of dangerousness<br />
or potential dangerousness on the individual they<br />
are being sent to evaluate that is documented in a crisis<br />
plan(s) or commitment record(s). This information must be<br />
made available without unduly delaying the crisis response.<br />
(9) Require that a mental health professional remain with<br />
the individual in crisis in order to provide stabilization and<br />
support until the crisis is resolved or referral to another service<br />
is accomplished.<br />
(10) Have a written protocol for the transportation of an<br />
individual, in a safe and timely manner, for the purpose of<br />
medical evaluation or detention.<br />
(11) Ensure that when a peace officer or DMHP escorts<br />
an individual to a facility, the DMHP takes reasonable precautions<br />
to safeguard the individual's property including:<br />
(a) Safeguarding the individual's property in the immediate<br />
vicinity of the point of apprehension;<br />
(b) Safeguarding belongings not in the immediate vicinity<br />
if there may be possible danger to those belongings; and<br />
(c) Taking reasonable precautions to lock and otherwise<br />
secure the individual's home or other property as soon as possible<br />
after the individual's initial detention.<br />
(12) Document services provided to the individual, and<br />
other applicable information. At a minimum this must<br />
include:<br />
(a) That the evaluation was conducted in accordance<br />
with the timelines required by RCW 71.05.050, 71.05.153<br />
and 71.34.710.<br />
(b) That the individual was advised of their rights in<br />
accordance with RCW 71.05.360.<br />
(c) If the individual was not detained, a description of the<br />
disposition and follow-up plan.<br />
(d) If the individual is a minor thirteen years of age or<br />
older and not detained, documentation that the minor's parent<br />
was informed of their right to request a court review of the<br />
DMHP's decision not to detain the minor under RCW 71.34.-<br />
710.<br />
(e) If the individual was detained, a petition for initial<br />
detention must include the following:<br />
[ 29 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(i) The circumstances under which the person's condition<br />
was made known.<br />
(ii) Evidence, as a result of the DMHP's personal observation<br />
or investigation, that the actions of the person for<br />
which application is made constitute a likelihood of serious<br />
harm, or that the individual is gravely disabled.<br />
(iii) Evidence that the individual will not voluntarily<br />
seek appropriate treatment.<br />
(iv) Consideration of all reasonably available information<br />
from credible witnesses, to include family members,<br />
landlords, neighbors, or others with significant contact and<br />
history of involvement with the individual, and records, as<br />
required by RCW 71.05.212.<br />
(v) Consideration of an offender's history of judicially<br />
required, or administratively ordered, anti-psychotic medications<br />
while in confinement when conducting an evaluation of<br />
an offender under RCW 72.09.370.<br />
(f) Documentation that the individual received a copy of<br />
the following:<br />
(i) Return of service order.<br />
(ii) Notice of rights.<br />
(iii) Initial petition provided to the individual, or the<br />
individual's guardian or conservator.<br />
NEW SECTION<br />
Mental Health—Limited Scope Services<br />
WAC 388-877A-0300 Limited scope services—General.<br />
The rules in WAC 388-877A-0300 through 388-877A-<br />
0360 apply to behavioral health agencies that provide limited<br />
scope services. The definitions in WAC 388-877-0200 also<br />
apply to limited scope services.<br />
(1) Limited scope services are intended to promote an<br />
individual's socialization, recovery, self-advocacy, development<br />
of natural support, and maintenance of community living<br />
skills.<br />
(2) Limited scope services include:<br />
(a) Employment services (see WAC 388-877A-0330);<br />
(b) Peer support services (see WAC 388-877A-0340);<br />
(c) Wraparound facilitation services (see WAC 388-<br />
877A-0350); and<br />
(d) Medication support services (see WAC 388-877A-<br />
0360).<br />
(3) An agency providing any limited scope service to an<br />
individual must:<br />
(a) Be licensed by the department as a behavioral health<br />
agency.<br />
(b) Meet the applicable behavioral health agency licensure,<br />
certification, administration, personnel, and clinical<br />
requirements in chapter 388-877 WAC.<br />
(c) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Program-specific requirements in WAC 388-877A-<br />
0330 through 388-877A-0360.<br />
(4) A limited scope service agency may operate through<br />
an agreement with a behavioral health agency certified for<br />
outpatient mental health services. The agreement must specify<br />
the responsibility for initial assessments, the determina-<br />
<strong>Proposed</strong> [ 30 ]<br />
tion of appropriate services, individual service planning, and<br />
the documentation of these requirements.<br />
(5) For all limited scope services provided, an agency<br />
must:<br />
(a) Have an assessment process to determine the appropriateness<br />
of the agency's services, based on the individual's<br />
needs and goals.<br />
(b) Refer an individual to a more intensive level of care<br />
when appropriate.<br />
(c) With the consent of the individual, include the individual's<br />
family members, significant others, and other relevant<br />
treatment providers, as necessary to provide support to<br />
the individual.<br />
NEW SECTION<br />
WAC 388-877A-0310 Limited scope services—<br />
Agency staff requirements. In addition to meeting the<br />
agency administrative and personnel requirements in WAC<br />
388-877-0400 through 388-877-0530, an agency providing<br />
any limited scope service must ensure:<br />
(1) Each staff member working directly with an individual<br />
receiving any limited scope service in WAC 388-877A-<br />
0330 through 388-877A-0360 has annual violence prevention<br />
training on the safety and violence prevention topics<br />
described in RCW 49.19.939; and<br />
(2) The staff member's personnel record documents the<br />
training.<br />
NEW SECTION<br />
WAC 388-877A-0320 Limited scope services—Clinical<br />
record content and documentation. In addition to meeting<br />
the general clinical record content requirements in WAC<br />
388-877-0640, an agency providing any limited scope service<br />
in WAC 388-877A-0330 through 388-877A-0360 must<br />
maintain an individual's clinical record that contains:<br />
(1) Documentation of the following in a timely manner<br />
and before any subsequent scheduled appointments of the<br />
same type of service encounter occur:<br />
(a) The name of the agency or other sources through<br />
which the individual was referred;<br />
(b) Each service encounter, including the date, time, and<br />
duration of the encounter;<br />
(c) Names of participant(s), including the name of the<br />
individual who provided the service; and<br />
(d) A brief summary of the service encounter.<br />
(2) Any information or copies of documents shared by,<br />
or with, a behavioral health agency certified for outpatient<br />
mental health services.<br />
NEW SECTION<br />
WAC 388-877A-0330 Limited scope services—<br />
Employment services. Employment services are limited<br />
scope services that assist in training, job search, and placement<br />
services in order to help individuals find competitive<br />
jobs in their local communities.<br />
(1) An agency providing employment services must<br />
have knowledge of and provide individuals access to employment<br />
and education opportunities by coordinating efforts
with one or more entities that provide other rehabilitation and<br />
employment services, such as:<br />
(a) The department's division of vocational rehabilitation;<br />
(b) Community, trade, and technical colleges;<br />
(c) The business community;<br />
(d) WorkSource, Washington state's official site for<br />
online employment services;<br />
(e) Washington state department of employment security;<br />
and<br />
(f) Organizations providing job placement within the<br />
community.<br />
(2) An agency providing employment services must:<br />
(a) Ensure all staff members providing direct services for<br />
employment are knowledgeable and familiar with services<br />
provided by the department's division of vocational rehabilitation.<br />
(b) Conduct and document a vocational assessment in<br />
partnership with the individual that includes work history,<br />
skills, training, education, and personal career goals.<br />
(c) Assist the individual to create an individualized job<br />
and/or career development plan that focuses on the individual's<br />
strengths and skills.<br />
(d) Assist the individual to locate employment opportunities<br />
that are consistent with the individual's skills, goals,<br />
and interests.<br />
(e) Document any outreach, job coaching, and support at<br />
the individual's worksite, when requested by the individual<br />
and/or the individual's employer.<br />
(f) If the employer makes a request, provide information<br />
regarding the requirements of reasonable accommodations,<br />
consistent with the Americans with Disabilities Act (ADA)<br />
of 1990, and the Washington state anti-discrimination law.<br />
NEW SECTION<br />
WAC 388-877A-0340 Limited scope services—Peer<br />
support services. Peer support services are limited scope services<br />
that provide a wide range of activities to assist an individual<br />
in exercising control over their own life and recovery<br />
process.<br />
(1) Peer support services include:<br />
(a) Developing self-advocacy and natural supports;<br />
(b) Maintenance of community living skills;<br />
(c) Promoting socialization; and<br />
(d) The practice of peer counselors who share their own<br />
life experiences related to mental illness to build alliances<br />
that enhance the individual's ability to function.<br />
(2) An agency providing peer support services must<br />
ensure peer support counselors;<br />
(a) Are credentialed under WAC 388-865-0107.<br />
(b) Provide peer support services:<br />
(i) Under the supervision of a mental health professional;<br />
and<br />
(ii) Within the scope of their training and credential.<br />
(c) Receive annual training relevant to their unique<br />
working environment.<br />
(d) Document the following in a timely manner in an<br />
individual service plan:<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(i) The frequency, duration, and expected outcome of all<br />
peer support services provided to the individual; and<br />
(ii) For each service encounter, objective progress<br />
toward the goals established in the individual service plan.<br />
NEW SECTION<br />
WAC 388-877A-0350 Limited scope services—<br />
Wraparound facilitation services. Wraparound facilitation<br />
services address the complex emotional, behavior, and social<br />
issues of an identified child twenty years of age or younger,<br />
and the child's family.<br />
(1) Wraparound facilitation services are:<br />
(a) Provided to a child who requires the services of two<br />
or more systems;<br />
(b) Focused and driven by the needs of the identified<br />
family and the family's support community; and<br />
(c) Provided in partnership with the child and the child's<br />
family.<br />
(2) An agency providing wraparound facilitation services<br />
must have at least one of each of the following staff<br />
members:<br />
(a) A mental health professional (MHP) who is responsible<br />
for oversight of the facilitation of a child and family team<br />
(CFT).<br />
(b) A facilitator who has completed departmentapproved<br />
wraparound facilitation training and:<br />
(i) Has a master's degree with at least one year of experience<br />
working in social services;<br />
(ii) Has a bachelor's degree with at least two years of<br />
experience working in social services; or<br />
(iii) Is an individual with lived experience. The experience<br />
must be documented in the personnel file.<br />
(c) An employee or volunteer youth partner, actively<br />
involved in defining the agency's services.<br />
(d) An employee or volunteer family partner, actively<br />
involved in defining the agency's services.<br />
(e) A staff member certified to provide a child and adolescent<br />
needs and strengths (CANS) assessment.<br />
(3) An agency providing wraparound facilitation services<br />
must ensure each individual has completed a CANS<br />
assessment that supports the need for wraparound facilitation<br />
services, before the services are received.<br />
(4) An agency must coordinate and maintain a CFT that<br />
meets the identified needs of the child and the child's family.<br />
(5) All team meetings:<br />
(a) Must include the identified child and the child's family;<br />
and<br />
(b) May include additional support partners as team<br />
members, including but not limited to the following:<br />
(i) Natural supports. Natural supports include community<br />
members, friends, and extended family members identified<br />
by the child and/or the child's family to be active participants<br />
in the support network of the identified child<br />
(ii) System supports. System supports are representatives<br />
from systems that currently offer support to the identified<br />
child or that offer support services to the child's adult<br />
care giver, which directly affects the child.<br />
(iii) Peer supports. Peer supports are individuals who<br />
have personally and actively participated in wraparound<br />
[ 31 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
facilitation services and who offer support to families currently<br />
working with the wraparound teams.<br />
(6) An agency must document the following:<br />
(a) The development of a wraparound plan that:<br />
(i) Includes:<br />
(A) A complete list of participants and their contact<br />
information;<br />
(B) A list of next steps or follow-up information from the<br />
initial meeting; and<br />
(C) The schedule of team meetings.<br />
(ii) Describes the child's and the child's family's vision<br />
for the future stated in their own language.<br />
(iii) Reflects the family's prioritization of needs and<br />
goals and addresses the needs as identified in the CANS<br />
screen.<br />
(iv) Identifies the functional strengths of the child and<br />
the child's family that can be used to help meet the identified<br />
needs.<br />
(v) Assigns responsibility to CFT members for each<br />
strategy/intervention or task, and establishes timelines for<br />
implementation.<br />
(vi) Identifies immediate safety needs and a safety/crisis<br />
plan.<br />
(vii) Assists the child and the child's family in using their<br />
support network.<br />
(viii) Is signed by all team members, including the child<br />
and the child's parent or if applicable, legal guardian.<br />
(b) Coordination with any other involved systems and<br />
services and/or supports, including sharing the wraparound<br />
plan and any revisions with all members of the team.<br />
(c) The result of the initial and subsequent CANS screenings<br />
and assessments.<br />
(d) The review of the wraparound plan during each team<br />
meeting and any revisions made to the plan to address the<br />
changing needs and progress of the identified child and the<br />
child's family.<br />
NEW SECTION<br />
WAC 388-877A-0360 Limited scope services—Medication<br />
support services. Medication support services are<br />
limited scope services performed for the purpose of facilitating<br />
individuals' medication adherence.<br />
(1) Medication support services:<br />
(a) Occur face-to-face and include one-on-one cueing,<br />
observing, and encouraging an individual to take medication<br />
as prescribed.<br />
(b) Include reporting back to the agency that is providing<br />
psychiatric medication services any pertinent information<br />
related to the individual's adherence to the medication.<br />
(c) May take place at any location and for as long as it is<br />
clinically necessary.<br />
(2) An agency providing medication support services<br />
must:<br />
(a) Ensure services are provided by or under the supervision<br />
of a mental health professional.<br />
(b) Ensure that the staff positions responsible for providing<br />
medication support and/or delivery services are clearly<br />
identified in the agency's medication support services policy.<br />
<strong>Proposed</strong> [ 32 ]<br />
(c) Have appropriate policies and processes in place<br />
when the agency providing medication support services<br />
maintains and/or delivers medication to the individual. The<br />
policies and processes must address:<br />
(i) The maintenance of a medication log.<br />
(ii) Precautions that need to be taken when transporting<br />
medications, to maintain staff safety.<br />
(iii) The prevention of contamination of medication during<br />
delivery, if delivery is provided.<br />
(d) Ensure that all medications kept by staff in the<br />
agency are safely and securely stored as follows:<br />
(i) Medication must be kept in locked cabinets within a<br />
well-illuminated, locked, and properly ventilated room.<br />
(ii) Medication kept for individuals on medication<br />
administration or self-administration programs must be<br />
clearly labeled and stored separately from samples kept on<br />
site.<br />
(iii) Medication marked "for external use only" must be<br />
stored separately from oral or injectable medications.<br />
(iv) Refrigerated food or beverages used in the administration<br />
of medications must be kept separate from the refrigerated<br />
medications by the use of trays or other designated<br />
containers.<br />
(v) Syringes and sharp objects must be stored separately<br />
and disposed of safely.<br />
(vi) Refrigerated medications must be maintained at the<br />
required temperature.<br />
(e) Ensure that no outdated medications are retained, and<br />
outdated medications are disposed of in accordance with the<br />
rules of the state board of pharmacy.<br />
(f) Ensure that the individual's clinical record contains:<br />
(i) The individual service plan, including documentation<br />
of medication support services.<br />
(ii) Documentation of observations on the individual's<br />
behavior indicating the effects, interactions, and side effects<br />
of the prescribed medication as necessary.<br />
(iii) Documentation of regular reviews of the individual's<br />
adherence to the medication support plan as reflected in the<br />
service plan.<br />
(iv) Documentation of reports to the prescriber about<br />
medication adherence and side effects.<br />
REPEALER<br />
The following sections of the Washington Administrative<br />
Code are repealed:<br />
WAC 388-805-001 What is the purpose of this<br />
chapter?<br />
WAC 388-805-005 What definitions are important<br />
throughout this chapter?<br />
WAC 388-805-010 What chemical dependency<br />
services are certified by the<br />
department?<br />
WAC 388-805-015 How do I apply for certification<br />
as a chemical dependency<br />
service provider?
WAC 388-805-020 How do I apply for certification<br />
of a branch agency or<br />
added service?<br />
WAC 388-805-030 What are the requirements<br />
for opiate substitution treatment<br />
program certification?<br />
WAC 388-805-035 What are the responsibilities<br />
for the department when an<br />
applicant applies for<br />
approval of an opiate substitution<br />
treatment program?<br />
WAC 388-805-040 How does the department<br />
determine there is a need in<br />
the community for opiate<br />
substitution treatment?<br />
WAC 388-805-060 How does the department<br />
conduct an examination of<br />
nonresidential facilities?<br />
WAC 388-805-065 How does the department<br />
determine disqualification or<br />
denial of an application?<br />
WAC 388-805-070 What happens after I make<br />
application for certification?<br />
WAC 388-805-075 How do I apply for an<br />
exemption?<br />
WAC 388-805-085 What are the fee requirements<br />
for chemical dependency<br />
treatment programs?<br />
WAC 388-805-095 How long are certificates<br />
effective?<br />
WAC 388-805-100 What do I need to do to maintain<br />
agency certification?<br />
WAC 388-805-105 What do I need to do for a<br />
change in ownership?<br />
WAC 388-805-110 What do I do to relocate or<br />
remodel a facility?<br />
WAC 388-805-115 How does the department<br />
deem national accreditation?<br />
WAC 388-805-120 How does the department<br />
assess penalties?<br />
WAC 388-805-125 How does the department<br />
cancel certification?<br />
WAC 388-805-130 How does the department<br />
suspend or revoke certification?<br />
WAC 388-805-135 What is the prehearing, hearing<br />
and appeals process?<br />
WAC 388-805-140 What are the requirements<br />
for a provider's governing<br />
body?<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
WAC 388-805-145 What are the key responsibilities<br />
required of an agency<br />
administrator?<br />
WAC 388-805-150 What must be included in an<br />
agency administrative manual?<br />
WAC 388-805-155 What are the requirements<br />
for provider facilities?<br />
WAC 388-805-200 What must be included in an<br />
agency personnel manual?<br />
WAC 388-805-205 What are agency personnel<br />
file requirements?<br />
WAC 388-805-210 What are the requirements<br />
for approved supervisors of<br />
persons who are in training to<br />
become a chemical dependency<br />
professional?<br />
WAC 388-805-220 What are the requirements to<br />
be a probation assessment<br />
officer?<br />
WAC 388-805-225 What are the requirements to<br />
be a probation assessment<br />
officer trainee?<br />
WAC 388-805-230 What are the requirements<br />
for supervising probation<br />
assessment officer trainees?<br />
WAC 388-805-240 What are the requirements<br />
for student practice in treatment<br />
agencies?<br />
WAC 388-805-250 What are the requirements to<br />
be an information school<br />
instructor?<br />
WAC 388-805-260 What are the requirements<br />
for using volunteers in a<br />
treatment agency?<br />
WAC 388-805-300 What must be included in the<br />
agency clinical manual?<br />
WAC 388-805-305 What are patients' rights<br />
requirements in certified<br />
agencies?<br />
WAC 388-805-310 What are the requirements<br />
for chemical dependency<br />
assessments?<br />
WAC 388-805-315 What are the requirements<br />
for treatment, continuing<br />
care, transfer, and discharge<br />
plans?<br />
WAC 388-805-320 What are the requirements<br />
for a patient record system?<br />
WAC 388-805-325 What are the requirements<br />
for patient record content?<br />
[ 33 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
WAC 388-805-330 What are the requirements<br />
for reporting patient noncompliance?<br />
WAC 388-805-350 What are the requirements<br />
for outcomes evaluation?<br />
WAC 388-805-400 What are the requirements<br />
for detoxification providers?<br />
WAC 388-805-410 What are the requirements<br />
for detox staffing and services?<br />
WAC 388-805-500 What are the requirements<br />
for residential providers?<br />
WAC 388-805-510 What are the requirements<br />
for residential providers<br />
admitting youth?<br />
WAC 388-805-520 What are the requirements<br />
for youth behavior management?<br />
WAC 388-805-530 What are the requirements<br />
for intensive inpatient services?<br />
WAC 388-805-540 What are the requirements<br />
for recovery house services?<br />
WAC 388-805-550 What are the requirements<br />
for long-term treatment services?<br />
WAC 388-805-600 What are the requirements<br />
for outpatient providers?<br />
WAC 388-805-610 What are the requirements<br />
for intensive outpatient treatment<br />
services?<br />
WAC 388-805-620 What are the requirements<br />
for outpatient services?<br />
WAC 388-805-625 What are the requirements<br />
for outpatient services for<br />
persons subject to RCW<br />
46.61.5056?<br />
WAC 388-805-630 What are the requirements<br />
for outpatient services in a<br />
school setting?<br />
WAC 388-805-640 What are the requirements<br />
for providing offsite chemical<br />
dependency treatment<br />
services?<br />
WAC 388-805-700 What are the requirements<br />
for opiate substitution treatment<br />
program providers?<br />
WAC 388-805-710 What are the requirements<br />
for opiate substitution medical<br />
management?<br />
<strong>Proposed</strong> [ 34 ]<br />
WAC 388-805-715 What are the requirements<br />
for opiate substitution medication<br />
management?<br />
WAC 388-805-720 What are the requirements<br />
for drug testing in opiate substitution<br />
treatment?<br />
WAC 388-805-730 What are the requirements<br />
for opiate substitution treatment<br />
dispensaries?<br />
WAC 388-805-740 What are the requirements<br />
for opiate substitution treatment<br />
counseling?<br />
WAC 388-805-750 What are the requirements<br />
for opiate substitution treatment<br />
take-home medications?<br />
WAC 388-805-800 What are the requirements<br />
for ADATSA assessment services?<br />
WAC 388-805-810 What are the requirements<br />
for DUI assessment providers?<br />
WAC 388-805-820 What are the requirements<br />
for alcohol and other drug<br />
information school?<br />
WAC 388-805-830 What are the requirements<br />
for information and crisis services?<br />
WAC 388-805-840 What are the requirements<br />
for emergency service<br />
patrol?<br />
WAC 388-805-855 What are the requirements<br />
for screening and brief intervention<br />
services?<br />
REPEALER<br />
The following sections of the Washington Administrative<br />
Code are repealed:<br />
WAC 388-816-0001 What is the purpose of this<br />
chapter?<br />
WAC 388-816-0005 What definitions are important<br />
throughout this chapter?<br />
WAC 388-816-0010 What problem and pathological<br />
gambling treatment programs<br />
are certified by the<br />
department?<br />
WAC 388-816-0015 How do I apply for certification<br />
as a new problem and<br />
pathological gambling treatment<br />
program?
WAC 388-816-0020 How do currently certified or<br />
licensed agencies apply for<br />
added service?<br />
WAC 388-816-0025 What are the requirements<br />
for treatment program facilities?<br />
WAC 388-816-0030 How does the department<br />
conduct an examination of<br />
facilities?<br />
WAC 388-816-0035 How does the department<br />
determine disqualification or<br />
denial of an application?<br />
WAC 388-816-0040 What happens after I make<br />
application for certification?<br />
WAC 388-816-0045 How do I apply for an<br />
exemption?<br />
WAC 388-816-0070 What do I need to do to maintain<br />
program certification?<br />
WAC 388-816-0075 What do I need to do for a<br />
change in ownership?<br />
WAC 388-816-0080 What do I do to relocate or<br />
remodel a facility?<br />
WAC 388-816-0085 How does the department<br />
assess penalties?<br />
WAC 388-816-0090 How does the department<br />
cancel certification?<br />
WAC 388-816-0095 How does the department<br />
suspend or revoke certification?<br />
WAC 388-816-0100 What is the prehearing, hearing<br />
and appeal process?<br />
WAC 388-816-0105 What are the requirements<br />
for the governing body of the<br />
program?<br />
WAC 388-816-0110 What are the key responsibilities<br />
required of a program<br />
administrator?<br />
WAC 388-816-0115 What must be included in a<br />
program administrative manual?<br />
WAC 388-816-0120 What must be included in a<br />
treatment program personnel<br />
manual?<br />
WAC 388-816-0125 What are treatment program<br />
personnel file requirements?<br />
WAC 388-816-0130 What are the minimum qualifications<br />
for clinical staff<br />
members providing problem<br />
and pathological gambling<br />
treatment?<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
WAC 388-816-0135 What must be included in the<br />
treatment program clinical<br />
manual?<br />
WAC 388-816-0140 What are clients' rights<br />
requirements in certified<br />
treatment programs?<br />
WAC 388-816-0145 What are the requirements<br />
for problem and pathological<br />
gambling assessments?<br />
WAC 388-816-0150 What are the requirements<br />
for treatment, continuing<br />
care, transfer, and discharge<br />
plans?<br />
WAC 388-816-0155 What are the requirements<br />
for a client record system?<br />
WAC 388-816-0160 What are the requirements<br />
for client record content?<br />
WAC 388-816-0165 What are the requirements<br />
for reporting client noncompliance?<br />
WAC 388-816-0170 What are the requirements<br />
for outcomes evaluation?<br />
WAC 388-816-0175 What are the requirements<br />
for outpatient services?<br />
WAC 388-816-0180 What are the requirements<br />
for providing off-site problem<br />
and pathological gambling<br />
treatment services?<br />
REPEALER<br />
The following sections of the Washington Administrative<br />
Code are repealed:<br />
WAC 388-865-0103 Fee requirements for mental<br />
health treatment programs.<br />
WAC 388-865-0410 Consumer rights.<br />
WAC 388-865-0415 Access to services.<br />
WAC 388-865-0430 Clinical record.<br />
WAC 388-865-0435 Consumer access to their<br />
clinical record.<br />
WAC 388-865-0436 Clinical record access procedures.<br />
WAC 388-865-0440 Availability of consumer<br />
information.<br />
WAC 388-865-0445 Establishment of procedures<br />
to bill for services.<br />
WAC 388-865-0450 Quality management process.<br />
[ 35 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
WAC 388-865-0452 Emergency crisis intervention<br />
services—Additional<br />
standards.<br />
WAC 388-865-0453 Peer support services.<br />
WAC 388-865-0454 Provider of crisis telephone<br />
services only.<br />
WAC 388-865-0456 Case management services—<br />
Additional standards.<br />
WAC 388-865-0458 Psychiatric treatment, including<br />
medication supervision—<br />
Additional standards.<br />
WAC 388-865-0462 Day treatment services—<br />
Additional standards.<br />
WAC 388-865-0464 Consumer employment services—Additional<br />
standards.<br />
WAC 388-865-0465 Adult residential treatment<br />
facility certification—Additional<br />
standards.<br />
WAC 388-865-0466 Community support outpatientcertification—Additional<br />
standards.<br />
WAC 388-865-0468 Emergency crisis intervention<br />
services certification—<br />
Additional standards.<br />
WAC 388-865-0470 The process for initial licensing<br />
of service providers.<br />
WAC 388-865-0472 Licensing categories.<br />
WAC 388-865-0476 Licensure based on deemed<br />
status.<br />
WAC 388-865-0478 Renewal of a community<br />
support service provider<br />
license.<br />
WAC 388-865-0480 Procedures to suspend, or<br />
revoke a license.<br />
WAC 388-865-0482 Procedures to contest a<br />
licensing decision.<br />
WAC 388-865-0484 Process to certify providers<br />
of involuntary services.<br />
Chapter 388-877B WAC<br />
CHEMICAL DEPENDENCY SERVICES<br />
Chemical Dependency—Detoxification Services<br />
NEW SECTION<br />
WAC 388-877B-0100 Detoxification services—General.<br />
The rules in WAC 388-877B-0130 through 388-877B-<br />
0140 apply to behavioral health agencies that provide detoxification<br />
services. The definitions in WAC 388-877-0200<br />
also apply to chemical dependency detoxification services.<br />
<strong>Proposed</strong> [ 36 ]<br />
(1) Detoxification services are provided to an individual<br />
to assist in the process of withdrawal from psychoactive substances<br />
in a safe and effective manner, in accordance with<br />
patient placement criteria (PPC).<br />
(2) An agency providing detoxification services to an<br />
individual must:<br />
(a) Be a facility licensed by department of health under<br />
one of the following department of health chapters:<br />
(i) Hospital licensing regulations (chapter 246-320<br />
WAC);<br />
(ii) Private psychiatric and alcoholism hospitals (chapter<br />
246-322 WAC);<br />
(iii) Private alcohol and chemical dependency hospitals<br />
(chapter 246-324 WAC); or<br />
(iv) Residential treatment facility (chapter 246-337<br />
WAC);<br />
(b) Be licensed by the department as a behavioral health<br />
agency;<br />
(c) Meet the applicable behavioral health agency licensure,<br />
certification, administration, personnel, and clinical<br />
requirements in chapter 388-877 WAC, Behavioral health<br />
services administrative requirements; and<br />
(d) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Specific requirements in WAC 388-877B-0100<br />
through 388-877B-0130.<br />
(3) An agency must:<br />
(a) Use patient placement criteria (PPC) for admission,<br />
continued services, and discharge planning and decisions.<br />
(b) Provide counseling to each individual that addresses<br />
the individual's:<br />
(i) Chemical dependency and motivation;<br />
(ii) Continuing care needs and need for referral to other<br />
services.<br />
(c) Maintain a list of resources and referral options that<br />
can be used by staff members to refer an individual to appropriate<br />
services.<br />
(d) Post any rules and responsibilities for individuals<br />
receiving treatment, including information on potential use of<br />
increased motivation interventions or sanctions, in a public<br />
place in the facility.<br />
(e) Provide tuberculosis screenings to individuals for the<br />
prevention and control of tuberculosis.<br />
(f) Provide HIV/AIDS information and include a brief<br />
risk intervention and referral as indicated.<br />
NEW SECTION<br />
WAC 388-877B-0110 Detoxification services—<br />
Agency staff requirements. In addition to meeting the<br />
agency administrative and personnel requirements in WAC<br />
388-877-0400 through 388-877-0530, an agency providing<br />
detoxification services must ensure:<br />
(1) All chemical dependency assessment and counseling<br />
services are provided by a chemical dependency professional<br />
(CDP), or a CDP trainee (CDPT) under the supervision of an<br />
approved supervisor.<br />
(2) There is a designated clinical supervisor who:<br />
(a) Is a CDP;
(b) Has documented competency in clinical supervision;<br />
(c) Is responsible for monitoring the continued competency<br />
of each CDP in assessment, treatment, continuing care,<br />
transfer, and discharge. The monitoring must include a semiannual<br />
review of a sample of the clinical records kept by the<br />
CDP.<br />
(3) Each staff member providing detoxification services<br />
to an individual, with the exception of licensed staff members<br />
and CDPs, completes a minimum of forty hours of documented<br />
training before being assigned individual care duties.<br />
This personnel training must include the following topics:<br />
(i) Chemical dependency;<br />
(ii) Infectious diseases, to include hepatitis and tuberculosis<br />
(TB); and<br />
(iii) Detoxification screening, admission, and signs of<br />
trauma.<br />
(4) Each CDPT has at least one approved supervisor who<br />
meets the qualifications in WAC 246-811-049. The<br />
approved supervisor's individual contact hours must be<br />
decreased for each full-time CDPT under their supervision.<br />
(5) Each staff member that provides individual care has<br />
a copy of an initial TB screen or test and any subsequent<br />
screenings or testing in their personnel file.<br />
(6) All staff members are provided annual training on the<br />
prevention and control of communicable disease, blood<br />
borne pathogens, and TB. The training must be documented<br />
in the personnel file.<br />
NEW SECTION<br />
WAC 388-877B-0120 Detoxification services—Clinical<br />
record content and documentation requirements. In<br />
addition to the general clinical record content requirements in<br />
WAC 388-877-0640, an agency providing detoxification services<br />
must maintain an individual's clinical record that contains:<br />
(1) Documentation of a chemical dependency screening<br />
before admission.<br />
(2) A voluntary consent to treatment form, or any release<br />
forms, signed and dated by the individual, or the individual's<br />
parent or legal guardian, except as authorized by law for protective<br />
custody and involuntary treatment.<br />
(3) Documentation that the individual was informed of<br />
federal confidentiality requirements and received a copy of<br />
the individual notice required under 42 CFR, Part 2.<br />
(4) Documentation that the individual received the<br />
HIV/AIDS brief risk intervention.<br />
(5) Documentation of progress notes in a timely manner<br />
from each shift and as events occur. Progress notes must<br />
include the date, time, duration, participant names, and a<br />
brief summary of the shift.<br />
(6) Documentation that a discharge summary, including<br />
a continuing care recommendation and a description of the<br />
individual's physical condition, was completed within seven<br />
working days of discharge.<br />
NEW SECTION<br />
WAC 388-877B-0130 Detoxification services—Additional<br />
standards for youth. Youth detoxification services<br />
are treatment services provided to an individual seventeen<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
years of age or younger. An agency providing youth detoxification<br />
services must meet the additional requirements in<br />
this section. The agency must:<br />
(1) Admit youth only with the written permission the<br />
youth's parent or, if applicable, the youth's legal guardian. If<br />
a youth meets the requirements of a child in need of services<br />
(CHINS), the youth may sign themselves into treatment.<br />
(2) Assess the individual's need for referral to the department's<br />
child welfare services.<br />
(3) Ensure the following for individuals who share a<br />
room:<br />
(a) An individual fifteen years of age or younger must<br />
not room with an individual eighteen years of age or older.<br />
(b) An individual sixteen or seventeen years of age must<br />
be evaluated for clinically appropriateness before being<br />
placed in a room with an individual eighteen years of age or<br />
older.<br />
(4) Allow communication between the youth and the<br />
youth's parent or if applicable, a legal guardian, and facilitate<br />
the communication when clinically appropriate.<br />
(5) Attempt to notify the parent or legal guardian within<br />
two hours of any change in the status of the youth and document<br />
all attempts in the clinical record.<br />
(6) Discharge the youth to the care of the parent or legal<br />
guardian. For emergency discharge and when the parent or<br />
legal guardian is not available, the agency must contact the<br />
appropriate authority.<br />
(7) Ensure at least one adult staff member of each gender<br />
is present or available by phone at all times if co-educational<br />
treatment services are provided.<br />
(8) Ensure a staff member who demonstrates knowledge<br />
of adolescent development and addiction is available at the<br />
facility or available by phone.<br />
NEW SECTION<br />
WAC 388-877B-0200 Residential treatment services—General.<br />
The rules in WAC 388-877B-0200 through<br />
388-877B-0280 apply to behavioral health agencies that provide<br />
residential treatment services. The definitions in WAC<br />
388-877-0200 also apply to residential treatment services.<br />
(1) Residential treatment services provide chemical<br />
dependency treatment for an individual and include room and<br />
board in a facility with twenty-four-hours-a-day supervision.<br />
(2) Residential treatment services certified by the department<br />
include:<br />
(a) Intensive inpatient services;<br />
(b) Recovery house treatment services; and<br />
(c) Long-term residential treatment services.<br />
(3) An agency providing residential treatment services<br />
must:<br />
(a) Be a facility licensed by department of health (DOH)<br />
and meet the criteria under one of the following DOH chapters:<br />
(i) Hospital licensing regulations (chapter 246-320<br />
WAC);<br />
(ii) Private psychiatric and alcoholism hospitals (chapter<br />
246-322 WAC);<br />
(iii) Private alcohol and chemical dependency hospitals<br />
(chapter 246-324 WAC); or<br />
[ 37 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(iv) Residential treatment facility (chapter 246-337<br />
WAC);<br />
(b) Be licensed by the department as a behavioral health<br />
agency;<br />
(c) Meet the applicable behavioral health agency licensure,<br />
certification, administration, personnel, and clinical<br />
requirements in chapter 388-877 WAC, Behavioral health<br />
services administrative requirements; and<br />
(d) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Specific requirements in WAC 388-877B-0200<br />
through 388-877B-0280.<br />
(4) An agency must:<br />
(a) Use patient placement criteria (PPC) for admission,<br />
continued services, and discharge planning and decisions.<br />
(b) Provide education to each individual admitted to the<br />
treatment facility on:<br />
(i) Alcohol, other drugs, and/or chemical dependency;<br />
(ii) Relapse prevention;<br />
(iii) Blood borne pathogens; and<br />
(iv) Tuberculosis (TB).<br />
(c) Provide education or information to each individual<br />
admitted on:<br />
(i) Emotional, physical, and sexual abuse;<br />
(ii) Nicotine addiction; and<br />
(iii) The impact of chemical use during pregnancy, risks<br />
to the fetus, and the importance of informing medical practitioners<br />
of chemical use during pregnancy.<br />
(d) Maintain a list or source of resources, including selfhelp<br />
groups, and referral options that can be used by staff to<br />
refer an individual to appropriate services.<br />
(e) Screen for the prevention and control of tuberculosis.<br />
(f) Limit the size of group counseling sessions to no<br />
more than twelve individuals.<br />
(g) Have written procedures for:<br />
(i) Urine analysis (UA) and drug testing, including laboratory<br />
testing; and<br />
(ii) How agency staff members respond to medical and<br />
psychiatric emergencies.<br />
(5) An agency that provides services to a pregnant<br />
woman must:<br />
(a) Have a written procedure to address specific issues<br />
regarding the woman's pregnancy and prenatal care needs;<br />
and<br />
(b) Provide referral information to applicable resources.<br />
(6) An agency that provides an assessment to an individual<br />
under RCW 46.61.5056 must also meet the requirements<br />
for DUI assessment providers in WAC 388-877B-0550.<br />
NEW SECTION<br />
WAC 388-877B-0210 Residential treatment services—Agency<br />
staff requirements. In addition to meeting<br />
the agency administrative and personnel requirements in<br />
WAC 388-877-0400 through 388-877-0530, an agency providing<br />
residential treatment services must ensure all chemical<br />
dependency assessment and counseling services are provided<br />
by a chemical dependency professional (CDP), or a depart-<br />
<strong>Proposed</strong> [ 38 ]<br />
ment of health-credentialed CDP trainee (CDPT) under the<br />
supervision of an approved supervisor.<br />
The agency must ensure:<br />
(1) There is a designated clinical supervisor who:<br />
(a) Is a CDP;<br />
(b) Has documented competency in clinical supervision;<br />
(c) Is responsible for monitoring the continued competency<br />
of each CDP in assessment, treatment, continuing care,<br />
transfer, and discharge. The monitoring must include a semiannual<br />
review of a sample of the clinical records maintained<br />
by the CDP.<br />
(2) Each CDPT has at least one approved supervisor who<br />
meets the qualifications in WAC 246-811-049. An approved<br />
supervisor must decrease the hours of individual contact by<br />
twenty percent for each full-time CDPT or other licensed or<br />
registered counselor supervised.<br />
(3) All staff members are provided annual training on the<br />
prevention and control of communicable disease, blood<br />
borne pathogens and tuberculosis (TB) and the training is<br />
documented in each personnel file.<br />
(4) Each staff member that provides individual care has<br />
a copy of an initial TB screen or test and any subsequent<br />
screening or testing in their personnel file.<br />
NEW SECTION<br />
WAC 388-877B-0220 Residential treatment services—Clinical<br />
record content and documentation<br />
requirements. In addition to the general clinical record content<br />
requirements in WAC 388-877-0640, an agency providing<br />
residential treatment services must maintain an individual's<br />
clinical record.<br />
(1) The clinical record must contain:<br />
(a) Documentation the individual was informed of the<br />
federal confidentiality requirements and received a copy of<br />
the individual notice required under 42 CFR Part 2.<br />
(b) Documentation that the individual received a copy of<br />
the rules and responsibilities for treatment participants,<br />
including the potential use of interventions or sanction.<br />
(c) Justification for the change in the level of care when<br />
transferring an individual from one certified treatment service<br />
to another within the same agency, at the same location.<br />
(d) Documentation of progress notes in a timely manner<br />
and before any subsequent scheduled appointments of the<br />
same type of service session or group type occur. Progress<br />
notes must include the date, time, duration, participant<br />
names, and a brief summary of the session and the name of<br />
the staff member who provided it.<br />
(e) When an individual is transferring to another service<br />
provider, documentation that copies of documents pertinent<br />
to the individual's course of treatment were forwarded to the<br />
new service provider to include:<br />
(i) The individual's demographic information; and<br />
(ii) The diagnostic assessment statement and other<br />
assessment information to include:<br />
(A) Documentation of the HIV/AIDS intervention.<br />
(B) Tuberculosis (TB) screen or test result.<br />
(C) A record of the individual's detoxification and treatment<br />
history.<br />
(D) The reason for the individual's transfer.
(E) Court mandated, department of correction supervision<br />
status or the agency's recommended follow-up treatment.<br />
(F) A discharge summary and continuing care plan.<br />
(f) Documentation that a staff member(s) met with each<br />
individual at the time of discharge, unless the individual left<br />
without notice, to:<br />
(i) Determine the appropriate recommendation for care<br />
and finalize a continuing care plan.<br />
(ii) Assist the individual in making contact with necessary<br />
agencies or services.<br />
(iii) Provide and document the individual was provided<br />
with a copy of the plan.<br />
(g) Documentation that the discharge summary was<br />
completed within seven working days of the individual's discharge<br />
from the agency, which includes the date of discharge<br />
and a summary of the individual's progress toward each individual<br />
service plan goal.<br />
(2) In addition to the requirements in (1) of this section,<br />
an agency must ensure the following for each individual service<br />
plan. The individual service plan must:<br />
(a) Be personalized to the individual's unique treatment<br />
needs.<br />
(b) Be initiated with at least one goal identified by the<br />
individual during the initial assessment or at the first service<br />
session following the assessment.<br />
(c) Include individual needs identified in the diagnostic<br />
and periodic reviews, addressing:<br />
(i) All substance use needing treatment, including<br />
tobacco, if necessary;<br />
(ii) Patient bio-psychosocial problems;<br />
(iii) Treatment goals;<br />
(iv) Estimated dates or conditions for completion of each<br />
treatment goal; and<br />
(v) Approaches to resolve the problem.<br />
(d) Document approval by a chemical dependency professional<br />
(CDP) if the staff member developing the plan is<br />
not a CDP.<br />
(e) Document that the plan was updated to reflect any<br />
changes in the individual's treatment needs, or as requested<br />
by the individual, at least once per month for the first three<br />
months, and at least quarterly thereafter.<br />
(f) Document that the plan has been reviewed with the<br />
individual.<br />
NEW SECTION<br />
WAC 388-877B-0230 Residential treatment services—Chemical<br />
dependency—Additional assessment<br />
standards. An individual must have a chemical dependency<br />
assessment before receiving residential treatment services.<br />
The purpose of the assessment is to gather information to<br />
determine if a substance use disorder exists and if there are<br />
services available to address the individual's needs. In addition<br />
to the assessment requirements in WAC 388-877-0610,<br />
the assessment must include:<br />
(1) A face-to-face diagnostic interview with the individual<br />
in order to obtain, review, evaluate, and document the following:<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(a) A history of the individual's involvement with alcohol<br />
and other drugs, including:<br />
(i) The type of substances used, including tobacco;<br />
(ii) The route of administration; and<br />
(iii) The amount, frequency, and duration of use.<br />
(b) A history of alcohol or other drug treatment or education;<br />
(c) The individual's self-assessment of use of alcohol and<br />
other drugs;<br />
(d) A history of relapse;<br />
(e) A history of self-harm;<br />
(f) A history of legal involvement; and<br />
(g) A statement regarding the provision of an HIV/AIDS<br />
brief risk screen, and any referral made.<br />
(2) A diagnostic assessment statement, including sufficient<br />
information to determine the individual's diagnosis<br />
using:<br />
(a) Diagnostic and Statistical Manual (DMS IV TR,<br />
2000) as it existed on the effective date of this section; then<br />
(b) DSM-5 as it exists when published and released in<br />
2013, consistent with the purposes of this section. Information<br />
regarding the publication date and release of the DSM-5<br />
is posted on the American Psychiatric Association's public<br />
website at www.DSM5.org.<br />
(3) A placement decision, using patient placement criteria<br />
(PPC) dimensions when the assessment indicates the individual<br />
is in need of services.<br />
(4) Evidence the individual was notified of the assessment<br />
results and documentation of the treatment options provided<br />
and the individual's choice. If the individual was not<br />
notified of the results and advised of referral options, the reason<br />
must be documented.<br />
(5) The additional requirements for DUI assessment providers<br />
in WAC 388-877B-0550 if the agency is providing<br />
services to an individual under RCW 46.61.5056.<br />
(6) Documented attempts to obtain the following information<br />
when assessing youth:<br />
(a) Parental and sibling use of alcohol and other drugs.<br />
(b) A history of school assessments for learning disabilities<br />
or other problems which may affect ability to understand<br />
written materials.<br />
(c) Past and present parent/guardian custodial status,<br />
including running away and out-of-home placements.<br />
(d) A history of emotional or psychological problems.<br />
(e) A history of child or adolescent developmental problems.<br />
(f) Ability of the youth's parent(s) or if applicable, legal<br />
guardian, to participate in treatment.<br />
NEW SECTION<br />
WAC 388-877B-0240 Residential treatment services—Noncompliance<br />
reporting requirements. An<br />
agency providing residential treatment services must report<br />
noncompliance in all levels of care, for an individual order<br />
into chemical dependency treatment by a court of law or<br />
other appropriate jurisdictions. An agency that fails to report<br />
noncompliance for an individual under chapter 46.61 RCW is<br />
subject to penalties at stated in RCW 46.61.5056(4).<br />
[ 39 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
An agency providing treatment to a court-mandated individual,<br />
including deferred prosecution, must develop procedures<br />
addressing individual noncompliance and reporting<br />
requirements, including:<br />
(1) Completing an authorization to release confidential<br />
information form that meets the requirements of 42 CFR Part<br />
2 and 45 CFR Parts 160 and 164 or through a court order<br />
authorizing the disclosure under the requirements of 42 CFR<br />
Part 2, Section 2.63 through 2.67.<br />
(2) Notifying the designated chemical dependency specialist<br />
within three working days from obtaining information<br />
of any violation of the terms of the court order for purposes of<br />
revoking the individual's conditional release, if the individual<br />
is under department of correction supervision.<br />
(3) Reporting and recommending action for emergency<br />
noncompliance to the court or other appropriate jurisdiction(s)<br />
within three working days from obtaining information<br />
on:<br />
(a) An individual's failure to maintain abstinence from<br />
alcohol and other nonprescribed drugs as verified by individual's<br />
self-report, identified third party report confirmed by the<br />
agency, or blood alcohol content or other laboratory test.<br />
(b) An individual's departure report of subsequent alcohol<br />
and/or drug related request.<br />
(c) An individual leaving the program against program<br />
advice.<br />
(d) An individual discharged for rule violation.<br />
(4) Reporting and recommending action for nonemergent,<br />
noncompliance to the court or other appropriate jurisdiction(s)<br />
within ten working days from the end of each<br />
reporting period, upon obtaining information on:<br />
(a) An individual's unexcused absences or failure to<br />
report, including failure to attend mandatory self-help<br />
groups.<br />
(b) An individual's failure to make acceptable progress<br />
in any part of the treatment plan.<br />
(5) Transmitting noncompliance or other significant<br />
changes as soon as possible, but no longer than ten working<br />
days from the date of the noncompliance, when the court<br />
does not wish to receive monthly reports.<br />
(6) Reporting compliance status of persons convicted<br />
under RCW 46.61 to the department of licensing.<br />
NEW SECTION<br />
WAC 388-877B-0250 Residential treatment services—Intensive<br />
inpatient services. Intensive inpatient services<br />
provide a concentrated program of individual and group<br />
counseling, education, and activities for a detoxified individual<br />
and the individual's family to address overall functioning<br />
and to demonstrate aspects of recovery lifestyle. An agency<br />
providing intensive inpatient services must:<br />
(1) Complete the individual service plan within five days<br />
of admission.<br />
(2) Conduct and document at least weekly, one face-toface<br />
individual chemical dependency counseling session with<br />
the individual.<br />
(3) Document progress notes in a timely manner and<br />
before any subsequent scheduled appointments of the same<br />
type of service session or group type occur. Progress notes<br />
<strong>Proposed</strong> [ 40 ]<br />
must include the date, time, duration, participant names, and<br />
a brief summary of the session and the name of the staff<br />
member who provided it.<br />
(4) Document at least weekly, an individual service plan<br />
review which determines continued stay needs and progress<br />
towards goals.<br />
(5) Provide a minimum of twenty hours of treatment services<br />
each week to each individual. At least ten hours of<br />
these services must be chemical dependency counseling. The<br />
agency may provide an individual up to ten hours of education<br />
each week to meet the minimum requirements.<br />
NEW SECTION<br />
WAC 388-877B-0260 Residential treatment services—Recovery<br />
house. Recovery house services provide a<br />
program of care and treatment with social, vocational, and<br />
recreational activities to aid in individual adjustment to abstinence<br />
and to aid in job training, employment, or participating<br />
in other types of community services.<br />
An agency providing recovery house services must:<br />
(1) Provide an individual a minimum of five hours of<br />
treatment each week consisting of individual or group counseling<br />
and education regarding drug-free and sober living,<br />
and general re-entry living skills.<br />
(2) Document progress notes in a timely manner and<br />
before any subsequent scheduled appointments of the same<br />
type of service session or group type occur. Progress notes<br />
should include the date, time, duration, participant names,<br />
and a brief summary of the session and the name of the staff<br />
member who provided it.<br />
(3) Conduct and document an individual service plan<br />
review at least monthly.<br />
NEW SECTION<br />
WAC 388-877B-0270 Residential treatment services—Long-term<br />
treatment services. Long-term treatment<br />
services provide a program for an individual needing consistent<br />
structure over a longer period of time to develop and<br />
maintain abstinence, develop recovery skills, and to improve<br />
overall health. An agency providing long-term treatment services<br />
must:<br />
(1) Provide an individual a minimum of two hours each<br />
week of individual or group counseling.<br />
(2) Provide an individual a minimum of two hours each<br />
week of education regarding alcohol, other drugs, and other<br />
addictions.<br />
(3) Document progress notes in a timely manner and<br />
before any subsequent scheduled appointments of the same<br />
type of service session or group type occur. Progress notes<br />
should include the date, time, duration, participant names,<br />
and a brief summary of the session and the names of the staff<br />
member who provided it.<br />
(4) Provide an individual, during the course of services,<br />
with:<br />
(a) Education on social and coping skills;<br />
(b) Social and recreational activities;<br />
(c) Assistance in seeking employment, when appropriate;<br />
and
(d) Assistance with re-entry living skills to include seeking<br />
and obtaining safe house.<br />
(5) Conduct and document an individual service plan<br />
review at least monthly.<br />
NEW SECTION<br />
WAC 388-877B-0280 Residential treatment services—Additional<br />
standards for youth residential services.<br />
Youth residential services are treatment services provided<br />
to an individual seventeen year of age or younger. An<br />
agency providing youth residential services must meet the<br />
additional requirements in this section. The agency must:<br />
(1) Ensure at least one adult staff member of each gender<br />
is present or on call at all times if co-educational treatment<br />
services are provided.<br />
(2) Ensure group counseling sessions with nine to twelve<br />
youths include a second adult staff member.<br />
(3) Ensure staff members are trained in safe and therapeutic<br />
techniques for dealing with a youth's behavior and<br />
emotional crisis, including:<br />
(a) Verbal de-escalation;<br />
(b) Crisis intervention;<br />
(c) Anger management;<br />
(d) Suicide assessment and intervention;<br />
(e) Conflict management and problem solving skills;<br />
(f) Management of assaultive behavior;<br />
(g) Proper use of therapeutic physical intervention techniques;<br />
and<br />
(h) Emergency procedures.<br />
(4) Provide group meetings to promote personal growth.<br />
(5) Provide leisure, and other therapy or related activities.<br />
(6) Provide seven or more hours of structured recreation<br />
each week, that is led or supervised by staff members.<br />
(7) Provide each youth one or more hours per day, five<br />
days each week, of supervised academic tutoring or instruction<br />
by a certified teacher when the youth is unable to attend<br />
school for an estimated period of four weeks or more. The<br />
agency must:<br />
(a) Document the individual's most recent academic<br />
placement and achievement level; and<br />
(b) Obtain school work from the individual's school, or<br />
when applicable, provide school work and assignments consistent<br />
with the individual's academic level and functioning.<br />
(8) Conduct random and regular room checks when an<br />
individual is in their room, and more often when clinically<br />
indicated.<br />
(9) Only admit youth with the written permission of the<br />
youth's parent or if applicable, legal guardian. In cases where<br />
the youth meets the requirements of a child in need of services<br />
(CHINS), the youth may sign themselves into treatment.<br />
(10) Assess the individual's need for referral to the<br />
department's child welfare services.<br />
(11) Ensure the following for individuals who share a<br />
room:<br />
(a) An individual fifteen years of age or younger must<br />
not room with an individual eighteen years of age or older.<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(b) An individual sixteen or seventeen years of age must<br />
be evaluated for clinically appropriateness before being<br />
placed in a room with an individual eighteen years of age or<br />
older.<br />
(12) Allow communication between the youth and the<br />
youth's parent or if applicable, a legal guardian, and facilitate<br />
the communication when clinically appropriate.<br />
(13) Attempt to notify the parent or legal guardian within<br />
two hours of any change in the status of the youth and document<br />
all notifications and attempts of notifications in the clinical<br />
record.<br />
(14) Discharge the youth to the care of the youth's parent<br />
or if applicable, legal guardian. For emergency discharge and<br />
when the parent or legal guardian is not available, the agency<br />
must contact the appropriate authority.<br />
(15) Ensure each individual's clinical record:<br />
(a) Contains any consent or release forms signed by the<br />
youth and their parent or legal guardian.<br />
(b) Contains the parent's or other referring person's<br />
agreement to participate in the treatment process, as appropriate<br />
and if possible.<br />
(c) Documents any problems identified in specific youth<br />
assessment, including any referrals to school and community<br />
support services, on the individual service plan.<br />
NEW SECTION<br />
WAC 388-877B-0300 Outpatient treatment services—General.<br />
The rules in WAC 388-877B-0300 through<br />
388-877B-0370 apply to behavioral health agencies that provide<br />
chemical dependency outpatient treatment services. The<br />
definitions in WAC 388-877-0200 also apply to chemical<br />
dependency outpatient treatment services.<br />
(1) Outpatient treatment services provide chemical<br />
dependency treatment to an individual and include essential<br />
education and counseling services in accordance with patient<br />
placement criteria (PPC).<br />
(2) Outpatient treatment services certified by the department<br />
include:<br />
(a) Intensive outpatient treatment services; and<br />
(b) Outpatient treatment services.<br />
(3) An agency providing outpatient treatment services to<br />
an individual must:<br />
(a) Be licensed by the department as a behavioral health<br />
agency;<br />
(b) Meet the applicable behavioral health agency licensure,<br />
certification, administration, personnel, and clinical<br />
requirements in chapter 388-877 WAC, Behavioral health<br />
services administrative requirements; and<br />
(c) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Specific requirements in WAC 388-877B-0300<br />
through 388-877B-0370.<br />
(4) An agency must:<br />
(a) Use the PPC for admission, continued services, and<br />
discharge planning and decisions.<br />
(b) Have an outline of each lecture and education session<br />
included in the service, sufficient in detail for another trained<br />
[ 41 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
staff member to deliver the session in the absence of the regular<br />
instructor.<br />
(c) Maintain a list of resources, including self-help<br />
groups, and referral options that can be used by staff members<br />
to refer an individual to appropriate services.<br />
(d) Provide tuberculosis screenings to individuals for the<br />
prevention and control of tuberculosis.<br />
(5) An agency must:<br />
(a) Provide education to each individual admitted to the<br />
treatment facility on:<br />
(i) Alcohol, other drugs, and/or chemical dependency;<br />
(ii) Relapse prevention;<br />
(iii) Blood borne pathogens; and<br />
(iv) Tuberculosis (TB).<br />
(b) Provide education or information to each individual<br />
admitted on:<br />
(i) Emotional, physical, and sexual abuse;<br />
(ii) Nicotine addiction; and<br />
(iii) The impact of chemical use during pregnancy, risks<br />
to the fetus, and the importance of informing medical practitioners<br />
of chemical use during pregnancy.<br />
(c) Limit the size of group counseling sessions to no<br />
more than twelve individuals.<br />
(d) Have written procedures for:<br />
(i) Urine analysis and drug testing, including laboratory<br />
testing; and<br />
(ii) How agency staff members respond to medical and<br />
psychiatric emergencies.<br />
(6) An agency that provides services to a pregnant<br />
woman must:<br />
(a) Have a written procedure to address specific issues<br />
regarding a woman's pregnancy and prenatal care needs; and<br />
(b) Provide referral information to applicable resources.<br />
(7) An agency that provides youth outpatient treatment<br />
services must:<br />
(a) Have a written procedure to assess and refer an individual<br />
to the department's child welfare services when applicable;<br />
and<br />
(b) Ensure that counseling sessions with nine to twelve<br />
youths include a second adult staff member.<br />
(8) An agency that provides a DUI assessment to an individual<br />
under RCW 46.61.5056 must also be certified by the<br />
department under WAC 388-877B-0550.<br />
(9) An agency must ensure that when offering off-site<br />
treatment:<br />
(a) The agency maintains a current list of all locations<br />
where off-site services are provided, including:<br />
(i) The name and address (except for an individual<br />
receiving in-home services);<br />
(ii) Primary purpose of the offsite location;<br />
(iii) Level of services provided; and<br />
(iv) The date the off-site services began at that location.<br />
(b) The agency maintains a written procedure of:<br />
(i) How confidentiality will be maintained at each offsite<br />
location, including how confidential information and<br />
individual records will be transported between the certified<br />
facility and the off-site location; and<br />
(ii) How services will be offered in a manner that promotes<br />
individual and agency staff safety.<br />
<strong>Proposed</strong> [ 42 ]<br />
(c) The agency is certified to provide the type of service<br />
offered at its main location.<br />
(d) Chemical dependency assessment or treatment is not<br />
the primary purpose of the location where the individual is<br />
served (such as in a school, hospital, or correctional facility).<br />
(e) Services are provided in a private, confidential setting<br />
within the off-site location.<br />
(10) Minimum treatment requirements for deferred prosecution<br />
are established in chapter 10.05 RCW.<br />
NEW SECTION<br />
WAC 388-877B-0310 Outpatient treatment services—Agency<br />
staff requirements. In addition to meeting<br />
the agency administrative and personnel requirements in<br />
WAC 388-877-0400 through 388-877-0530, an agency providing<br />
outpatient treatment services must ensure:<br />
(1) All chemical dependency assessment and counseling<br />
services are provided by a chemical dependency professional<br />
(CDP), or a department of health-credential CDP trainee<br />
(CDPT) under the supervision of an approved supervisor.<br />
(2) There is a designated clinical supervisor who:<br />
(a) Is a CDP;<br />
(b) Has documented competency in clinical supervision;<br />
and<br />
(c) Is responsible for monitoring the continued competency<br />
of each CDP in assessment, treatment, continuing care,<br />
transfer, and discharge. The monitoring must include a semiannual<br />
review of a sample of the clinical records kept by the<br />
CDP.<br />
(4) Each chemical dependency professional trainee has<br />
at least one approved supervisor who meets the qualifications<br />
in WAC 246-811-049. An approved supervisor must<br />
decrease the hours of individual contact by twenty percent for<br />
each full-time CDPT or other licensed or registered counselor<br />
supervised.<br />
(5) Each staff member that provides individual care has<br />
a copy of an initial TB screen or test and any subsequent<br />
screenings or testing in their personnel file.<br />
(6) All staff members are provided annual training on the<br />
prevention and control of communicable disease, blood<br />
borne pathogens and TB, and document the training in the<br />
personnel file.<br />
Reviser's note: The typographical error in the above section occurred<br />
in the copy filed by the agency and appears in the Register pursuant to the<br />
requirements of RCW 34.08.040.<br />
NEW SECTION<br />
WAC 388-877B-0320 Outpatient treatment services—Clinical<br />
record content and documentation. In<br />
addition to the general clinical record content requirements in<br />
WAC 388-877-0640, an agency providing outpatient treatment<br />
services must maintain an individual's clinical record.<br />
(1) The clinical record must contain:<br />
(a) Documentation the individual was informed of federal<br />
confidentiality requirements and received a copy of the<br />
individual notice required under 42 CFR Part 2.<br />
(b) Documentation that the initial individual service plan<br />
was completed before treatment services are received.
(c) Documentation of progress in a timely manner and<br />
before any subsequent scheduled appointments of the same<br />
type of service session or group type occur. Progress notes<br />
must include the date, time, duration, participant names, and<br />
a brief summary of the session and the name of the staff<br />
member who provided it.<br />
(d) Justification for the change in the level of care when<br />
transferring an individual from one certified treatment service<br />
to another within the same agency, at the same location.<br />
(e) Documentation that staff members met with each<br />
individual at the time of discharge, unless the individual left<br />
without notice, to:<br />
(i) Determine the appropriate recommendation for care<br />
and finalize a continuing care plan.<br />
(ii) Assist the individual in making contact with necessary<br />
agencies or services.<br />
(iii) Provide and document the individual was provided<br />
with a copy of the plan.<br />
(f) Documentation that a discharge summary was completed<br />
within seven days of the individual's discharge, including<br />
the date of discharge, a summary of the individual's progress<br />
towards each individual service plan goal, legal status,<br />
and if applicable, current prescribed medication.<br />
(2) In addition to the requirements in (1) of this section,<br />
an agency must ensure the following for each individual service<br />
plan. The individual service plan must:<br />
(a) Be personalized to the individual's unique treatment<br />
needs;<br />
(b) Include individual needs identified in the diagnostic<br />
and periodic reviews, addressing:<br />
(i) All substance use needing treatment, including<br />
tobacco, if necessary;<br />
(ii) Patient bio-psychosocial problems;<br />
(iii) Treatment goals;<br />
(iv) Estimated dates or conditions for completion of each<br />
treatment goal; and<br />
(v) Approaches to resolve the problem.<br />
(c) Document approval by a chemical dependency professional<br />
(CDP) if the staff member developing the plan is<br />
not a CDP.<br />
(d) Document that the plan was updated to reflect any<br />
changes in the individual's treatment needs, or as requested<br />
by the individual, at least once per month for the first three<br />
months, and at least quarterly thereafter.<br />
(e) Document that the plan has been reviewed with the<br />
individual.<br />
NEW SECTION<br />
WAC 388-877B-0330 Outpatient treatment services—Additional<br />
assessment standards. An individual<br />
must have a chemical dependency assessment before receiving<br />
outpatient treatment services. The purpose of the assessment<br />
is to gather information to determine if a substance use<br />
disorder exists and if there are services available to address<br />
the individual's needs. In addition to the assessment requirements<br />
in WAC 388-877-0610, the assessment must include:<br />
(1) A face-to-face diagnostic interview with the individual<br />
in order to obtain, review, evaluate, and document a his-<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
tory of the individual's involvement with alcohol and other<br />
drugs, including:<br />
(a) The type of substances used, including tobacco;<br />
(b) The route of administration; and<br />
(c) The amount, frequency, and duration of use.<br />
(2) A history of alcohol or other drug treatment or education.<br />
(3) The individual's self-assessment of use of alcohol<br />
and other drugs.<br />
(4) A history of relapse.<br />
(5) A history of self-harm.<br />
(6) A history legal involvement.<br />
(7) A statement regarding the provision of an HIV/AIDS<br />
brief risk screen, and any referral made.<br />
(8) A diagnostic assessment statement, including sufficient<br />
information to determine the individual's diagnosis<br />
using:<br />
(a) Diagnostic and Statistical Manual (DSM IV TR,<br />
2000) as it existed on the effective date of this section; then<br />
(b) DSM-5 as it exists when published and released in<br />
2013, consistent with the purposes of this section. Information<br />
regarding the publication date and release of the DSM-5<br />
is posted on the American Psychiatric Association's public<br />
website at www.DSM5.org.<br />
(c) A placement decision, using PPC dimensions when<br />
the assessment indicates the individual is in need of services.<br />
(d) Evidence the individual was notified of the assessment<br />
results and documentation of the treatment options provided<br />
and the individual's choice. If the individual was not<br />
notified of the results and advised of referral options, the reason<br />
must be documented.<br />
(e) The additional requirements outlined under WAC<br />
388-877B-0550 for DUI assessments, for an agency providing<br />
services to an individual under RCW 46.61.5056.<br />
(f) Documented attempts to obtain the following information<br />
when assessing youth:<br />
(i) Parental and sibling use of alcohol and other drugs.<br />
(ii) A history of school assessments for learning disabilities<br />
or other problems, which may affect ability to under<br />
written materials.<br />
(iii) Past and present parent/guardian custodial status,<br />
including running away and out-of-home placements.<br />
(iv) A history of emotional or psychological problems.<br />
(v) A history of child or adolescent developmental problems.<br />
(vi) The ability of parents, or if applicable, a legal guardian<br />
to participate in treatment.<br />
NEW SECTION<br />
WAC 388-877B-0340 Outpatient treatment services—Noncompliance<br />
reporting requirements. An<br />
agency providing outpatient treatment services must report<br />
noncompliance, in all levels of care, for an individual ordered<br />
into chemical dependency treatment by a court of law or<br />
other appropriate jurisdictions. An agency that fails to report<br />
noncompliance for an individual under chapter 46.61 RCW is<br />
subject to penalties at stated in RCW 46.61.5056(4). An<br />
agency providing treatment to a court-mandated individual,<br />
including deferred prosecution, must develop procedures<br />
[ 43 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
addressing individual noncompliance and reporting requirements,<br />
including:<br />
(1) Completing an authorization to release confidential<br />
information form that meets the requirements of 42 CFR Part<br />
2 and 45 CFR Parts 160 and 164 or through a court order<br />
authorizing the disclosure pursuant to 42 CFR Part 2, Section<br />
2.63 through 2.67.<br />
(2) Notifying the designated chemical dependency specialist<br />
within three working days from obtaining information<br />
of any violation of the terms of the court order for purposes of<br />
revocation of the individual's conditional release, if the individual<br />
is under department of correction's supervision.<br />
(3) Reporting and recommending action for emergency<br />
noncompliance to the court or other appropriate jurisdiction(s)<br />
within three working days from obtaining information<br />
on:<br />
(a) An individual's failure to maintain abstinence from<br />
alcohol and other nonprescribed drugs as verified by individual's<br />
self-report, identified third party report confirmed by the<br />
agency, or blood alcohol content or other laboratory test.<br />
(b) An individual's report of subsequent alcohol and/or<br />
drug related arrests.<br />
(c) An individual leaving the program against program<br />
advice or an individual discharged for rule violation.<br />
(4) Reporting and recommending action for nonemergent,<br />
noncompliance to the court or other appropriate jurisdiction(s)<br />
within ten working days from the end of each<br />
reporting period, upon obtaining information on:<br />
(a) An individual's unexcused absences or failure to<br />
report, including failure to attend mandatory self-help<br />
groups.<br />
(b) An individual's failure to make acceptable progress<br />
in any part of the treatment plan.<br />
(5) Transmitting noncompliance or other significant<br />
changes as soon as possible, but no longer than ten working<br />
days from the date of the noncompliance, when the court<br />
does not wish to receive monthly reports.<br />
(6) Reporting compliance status of persons convicted<br />
under chapter 46.61 RCW to the department of licensing.<br />
NEW SECTION<br />
WAC 388-877B-0350 Outpatient treatment services—Intensive<br />
outpatient services. Intensive outpatient<br />
services provide a concentrated program of individual and<br />
group counseling, education, and activated, in accordance<br />
with patient placement criteria (PPC). An agency providing<br />
intensive outpatient treatment services must:<br />
(1) Develop an initial individualized service plan prior to<br />
the individual's participation in treatment.<br />
(2) Provide individual chemical dependency counseling<br />
sessions with each individual at least once a month or more if<br />
clinically indicated.<br />
(3) Document progress notes in a timely manner and<br />
before any subsequent scheduled appointments of the same<br />
type of service session or group type occur. Progress notes<br />
must include the date, time, duration, participant names, and<br />
a brief summary of the session and the name of the staff<br />
member who provided it.<br />
<strong>Proposed</strong> [ 44 ]<br />
(4) Conduct and document a review of each individual's<br />
service plan in individual counseling sessions, at least once a<br />
month, to assess adequacy and attainment of goals.<br />
(5) Refer for ongoing treatment or support upon completion<br />
of intensive outpatient treatment, as necessary.<br />
(6) Ensure that individuals admitted under a deferred<br />
prosecution order, under chapter 10.05 RCW:<br />
(a) Receive a minimum of seventy-two hours of treatment<br />
services within a maximum of twelve weeks, which<br />
consist of the following during the first four weeks of treatment:<br />
(i) At least three sessions each week, with each session<br />
occurring on different days of the week.<br />
(ii) Group sessions must last at least one hour.<br />
(b) Attend self-help groups in addition to the seventytwo<br />
hours of treatment services.<br />
(c) Have approval, in writing, by the court having jurisdiction<br />
in the case, when there is any exception to the requirements<br />
in this subsection.<br />
NEW SECTION<br />
WAC 388-877B-0360 Outpatient treatment services—Outpatient<br />
treatment services. Outpatient treatment<br />
services provide chemical dependency treatment to an individual<br />
less than twenty-four-hours-a-day, including individual<br />
and group treatment services of varying duration and<br />
intensity according to a prescribed plan.<br />
An agency providing outpatient treatment services must:<br />
(1) Develop an initial individualized service plan before<br />
the individual's participation in treatment.<br />
(2) Conduct group or individual chemical dependency<br />
counseling sessions for each individual, each month, according<br />
to an individual service plan.<br />
(3) Conduct and document an individual service plan<br />
review for each individual once a month for the first three<br />
months and quarterly thereafter or sooner if required by other<br />
laws.<br />
(4) Document progress notes in a timely manner and<br />
before any subsequent scheduled appointments of the same<br />
type of service session or group type occur. Progress notes<br />
must include the date, time, duration, participant names, and<br />
a brief summary of the session and the name of the member<br />
who provided it.<br />
NEW SECTION<br />
WAC 388-877B-0370 Outpatient treatment services—Additional<br />
standards for chemical dependency<br />
counseling required under RCW 46.61.5056. Outpatient<br />
treatment services provided to an individual convicted of<br />
driving under the influence or physical control under RCW<br />
46.61.5056 are subject to the requirements in this section. An<br />
agency providing outpatient treatment services subject to<br />
RCW 46.61.5056 must ensure treatment is completed as follows:<br />
(1) Treatment during the first sixty days must include:<br />
(a) Weekly group or individual chemical dependency<br />
counseling sessions according to the individual service plan.<br />
(b) One individual chemical dependency counseling session<br />
of not less than thirty minutes duration, excluding the
time taken for a chemical dependency assessment, for each<br />
individual, according to the individual service plan.<br />
(c) Alcohol and drug basic education for each individual.<br />
(d) Participation in self-help groups for an individual<br />
with a diagnosis of substance dependence documented in the<br />
individual's clinical record.<br />
(2) The balance of the sixty-day time period for individuals<br />
who complete intensive inpatient chemical dependency<br />
treatment services must include, at a minimum, weekly outpatient<br />
counseling sessions according to the individual service<br />
plan.<br />
(3) The next one hundred twenty days of treatment<br />
includes:<br />
(a) Group or individual chemical dependency counseling<br />
sessions every two weeks according to the individual service<br />
plan.<br />
(b) One individual chemical dependency counseling session<br />
of not less than thirty minutes duration, every sixty days<br />
according to the individual service plan.<br />
(c) Referral of each individual for ongoing treatment or<br />
support, as necessary, using PPC, upon completion of one<br />
hundred eighty days of treatment.<br />
(4) For an individual who is assessed with insufficient<br />
evidence of substance dependence or substance abuse, a<br />
chemical dependency professional (CDP) must refer the individual<br />
to alcohol/drug information school.<br />
NEW SECTION<br />
WAC 388-877B-0400 Opiate substitution treatment<br />
services—General. The rules in WAC 388-877B-0400<br />
through WAC 388-877B-0450 apply to behavioral health<br />
agencies that provide opiate substitution services. The definitions<br />
in WAC 388-877-0200 also apply to opiate substitution<br />
services.<br />
(1) Opiate substitution treatment services include the<br />
dispensing of an opioid agonist treatment medication, along<br />
with a comprehensive range of medical and rehabilitative services,<br />
when clinically necessary, to an individual to alleviate<br />
the adverse medical, psychological, or physical effects incident<br />
to opiate addiction. These services provide detoxification<br />
treatment and maintenance treatment.<br />
(2) An agency must meet all the certification requirements<br />
in WAC 388-877B-0450 in order to provide opiate<br />
substitution treatment services and:<br />
(a) Be licensed by the department as a behavioral health<br />
agency;<br />
(b) Meet the applicable behavioral health agency licensure,<br />
certification, administrative, personnel, and clinical<br />
requirements in chapter 388-877 WAC, Behavioral health<br />
services administrative requirements; and<br />
(c) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Program-specific requirements in WAC 388-877B-<br />
0400 through 388-877B-0450.<br />
(3) An agency providing opiate substitution treatment<br />
services must ensure that the agency's individual record system<br />
complies with all federal and state reporting require-<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
ments relevant to opioid drugs approved for use in treatment<br />
of opioid addiction.<br />
(4) An agency must:<br />
(a) Use patient placement criteria (PPC) for admission,<br />
continued services, and discharge planning and decisions.<br />
(b) Provide education to each individual admitted, totaling<br />
no more than fifty percent of treatment services, on:<br />
(i) Alcohol, other drugs, and chemical dependency;<br />
(ii) Relapse prevention;<br />
(iii) Blood borne pathogens; and<br />
(iv) Tuberculosis (TB).<br />
(c) Provide education or information to each individual<br />
on:<br />
(i) Emotional, physical, and sexual abuse;<br />
(ii) Nicotine addiction;<br />
(iii) The impact of chemical use during pregnancy, risks<br />
to the fetus, and the importance of informing medical practitioners<br />
of chemical use during pregnancy; and<br />
(iv) Family planning.<br />
(d) Have written procedures for:<br />
(i) Diversion control that contains specific measures to<br />
reduce the possibility of the diversion of controlled substances<br />
from legitimate treatment use, and assign specific<br />
responsibility to the medical and administrative staff members<br />
for carrying out the described diversion control measures<br />
and functions.<br />
(ii) Urine analysis (UA) and drug testing, to include<br />
obtaining:<br />
(A) Specimen samples from each individual, at least<br />
eight times within twelve consecutive months.<br />
(B) Random samples, without notice to the individual.<br />
(C) Samples in a therapeutic manner that minimizes falsification.<br />
(D) Observed samples, when clinically appropriate.<br />
(E) Samples handled through proper chain of custody<br />
techniques.<br />
(iii) Laboratory testing.<br />
(iv) The response to medical and psychiatric emergencies.<br />
(v) Verifying the identity of an individual receiving<br />
treatment services, including maintaining a file in the dispensary<br />
with a photograph of the individual and updating the<br />
photographs when the individual's physical appearance<br />
changes significantly.<br />
(5) An agency must ensure that an individual is not<br />
admitted to detoxification services more than two times in a<br />
twelve-month period.<br />
(6) An agency providing services to a pregnant woman<br />
must have a written procedure to address specific issues<br />
regarding their pregnancy and prenatal care needs, and to<br />
provide referral information to applicable resources.<br />
(7) An agency providing youth opiate substitution treatment<br />
services must:<br />
(a) Have a written procedure to assess and refer the youth<br />
to the department's child welfare services, when applicable.<br />
(b) Ensure that a group counseling session with nine to<br />
twelve youths include a second staff member.<br />
(8) An agency providing opiate substitution treatment<br />
services must ensure:<br />
[ 45 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(a) That notification to federal SAMHSA and the department<br />
is made within three weeks of any replacement or other<br />
change in the status of the program, program sponsor, or<br />
medical director.<br />
(b) Treatment is provided to an individual in compliance<br />
with 42 CFR Part 8.<br />
(c) The number of individuals receiving treatment services<br />
does not exceed three hundred fifty unless authorized<br />
by the county in which the program is located.<br />
(d) The individual record system complies with all federal<br />
and state reporting requirements relevant to opioid drugs<br />
approved for use in treatment of opioid addiction.<br />
(e) The death of an individual enrolled in opiate substitution<br />
treatment is reported to the department within one business<br />
day.<br />
NEW SECTION<br />
WAC 388-877B-0405 Opiate substitution treatment<br />
services—Certification requirements. An agency providing<br />
opiate substitution treatment services must be certified by<br />
the department. An agency applying to provide opiate substitution<br />
treatment service must:<br />
(1) Submit to the department documentation that the<br />
agency has communicated with the county legislative authority<br />
and if applicable, the city legislative authority or tribal<br />
legislative authority, in order to secure a location for the new<br />
opiate substitution treatment program that meets county,<br />
tribal or city land use ordinances.<br />
(2) Ensure that a community relations plan developed<br />
and completed in consultation with the county, city, or tribal<br />
legislative authority or their designee, in order to minimize<br />
the impact of the opiate substitution treatment programs upon<br />
the business and residential neighborhoods in which the program<br />
is located. The plan must include:<br />
(a) Documentation of the strategies used to:<br />
(i) Obtain stakeholder input regarding the proposed location;<br />
(ii) Address any concerns identified by stakeholders; and<br />
(iii) Develop an ongoing community relations plan to<br />
address new concerns expressed by stakeholders.<br />
(b) Documentation that transportation systems will provide<br />
reasonable opportunities to persons in need of treatment<br />
to access the services of the program.<br />
(c) A copy of the application for:<br />
(i) A registration certificate from the Washington state<br />
board of pharmacy.<br />
(ii) Licensure to the Federal Drug Enforcement Administration.<br />
(iii) Certification to the Federal CSAT SAMHSA.<br />
(iv) Accreditation by an accreditation body, approved as<br />
an opioid treatment program accreditation body by the Federal<br />
CSAT SAMHSA.<br />
(d) A declaration to limit the number of individual program<br />
participants to three hundred fifty as specified in RCW<br />
70.96A.410 (1)(e).<br />
(e) For new applicants who operate opiate substitution<br />
treatment programs, copies of all survey reports written by<br />
national and/or state certification or substitution programs<br />
within the past six years.<br />
<strong>Proposed</strong> [ 46 ]<br />
(3) Have concurrent approval to provide opiate substitution<br />
treatment by:<br />
(a) The Washington State department of health board of<br />
pharmacy;<br />
(b) The Federal CSAT SAMHSA, as required by 42 CFR<br />
Part 8 for certification as an opioid treatment program; and<br />
(c) The Federal Drug Enforcement Administration.<br />
(4) An agency must ensure that opiate substitution treatment<br />
is provided to an individual in compliance with the<br />
applicable requirements in 42 CFR Part 8 and 21 CFR Part<br />
1301.<br />
(5) The department may deny an application for certification<br />
when:<br />
(a) There is not a demonstrated need in the community<br />
where the applicant proposes to locate the program.<br />
(b) There is sufficient availability, access, and capacity<br />
of other certified programs near the area where the applicant<br />
is proposing to locate the program.<br />
(c) The applicant has not demonstrated in the past, the<br />
capability to provide the appropriate services to assist individuals<br />
using the program to meet goals established by the<br />
legislature.<br />
NEW SECTION<br />
WAC 388-877B-0410 Opiate substitution treatment<br />
services—Agency staff requirements. In addition to meeting<br />
the agency administrative and personnel requirements in<br />
WAC 388-877-0400 through 388-877-0530, an agency providing<br />
opiate substitution treatment services must:<br />
(1) Appoint a program sponsor who is responsible for<br />
notifying the Federal CSAT, SAMHSA, the Federal Drug<br />
Enforcement Administration, the department, and the Washington<br />
State board of pharmacy of any theft or significant loss<br />
of a controlled substance.<br />
(2) Ensure there is an appointed medical director who:<br />
(a) Is licensed by department of health to practice medicine<br />
and practices within their scope of practice.<br />
(b) Is responsible for all medical services performed.<br />
See the program physician responsibilities in WAC 388-<br />
877B-0440.<br />
(c) Ensures all medical services provided are in compliance<br />
with applicable federal, state, and local rules and laws.<br />
(3) Ensure all medical services provided are provided by<br />
an appropriate DOH-credentialed medical provider practicing<br />
within their scope of practice.<br />
(4) Ensure all chemical dependency assessment and<br />
counseling services are provided by a chemical dependency<br />
professional (CDP), or a DOH-credentialed CDP trainee<br />
(CDPT) under the supervision of an approved supervisor.<br />
(5) Ensure there is a designated and identified clinical<br />
supervisor who:<br />
(a) Is a CDP.<br />
(b) Has documented competency in clinical supervision.<br />
(c) Is responsible for monitoring the continued competency<br />
of each CDP in assessment, treatment, continuing care,<br />
transfer, and discharge. This monitoring must include a<br />
semi-annual review of a sample of each CDP's clinical<br />
records.
(6) Ensure an agency using CDPTs has at least one<br />
approved supervisor that meets the qualification in WAC<br />
246-811-049. The approved supervisor must decrease the<br />
number of individual contact hours for each full-time CDPT<br />
under their supervision.<br />
(7) Ensure at least one staff member has documented<br />
training in:<br />
(a) Family planning;<br />
(b) Prenatal health care; and<br />
(c) Parenting skills.<br />
(8) Ensure that at least one staff member is on duty at all<br />
times who has documented training in:<br />
(a) Cardiopulmonary resuscitation (CPR); and<br />
(b) Management of opiate overdose.<br />
(9) Ensure that a personnel file for a staff member providing<br />
individual care includes a copy of an initial tuberculosis<br />
(TB) screen and subsequent screening as appropriate.<br />
(10) Provide and ensure all staff members receive annual<br />
training on:<br />
(a) The prevention and control of communicable disease,<br />
blood borne pathogens, and TB; and<br />
(b) Opiate dependency clinical and medical best practice,<br />
specific to the staff member's scope of practice and job<br />
function.<br />
NEW SECTION<br />
WAC 388-877B-0420 Opiate substitution treatment<br />
services—Clinical record content and documentation<br />
requirements. In addition to the general clinical record content<br />
requirements in WAC 388-877-0640, an agency providing<br />
opiate substitution treatment services must maintain an<br />
individual's clinical record.<br />
(1) The clinical record must contain:<br />
(a) Documentation the individual was informed of the<br />
federal confidentiality requirements and received a copy of<br />
the individual notice required under 42 CFR Part 2.<br />
(b) Documentation that the agency made a good faith<br />
effort to review if the individual is enrolled in any other opiate<br />
substitution treatment and take appropriate action.<br />
(c) Documentation that the agency:<br />
(i) Referred the individual to self-help group(s).<br />
(ii) Addressed the individual's vocational, educational,<br />
and employment needs; and<br />
(iii) Encouraged family participation.<br />
(d) Documentation that the individual received a copy of<br />
the rules and responsibilities for treatment participants,<br />
including the potential use of interventions or sanction.<br />
(e) Documentation that the individual service plan was<br />
completed before the individual received treatment services.<br />
(f) Documentation that the individual service plan was<br />
reviewed:<br />
(i) Once every month, for the first ninety days in treatment;<br />
(ii) Once every three months, for every two years of continued<br />
enrollment in treatment; and<br />
(iii) Once every six months, after the second year of continued<br />
enrollment in treatment.<br />
(g) Documentation that individual or group counseling<br />
sessions were provided:<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(i) Once every week, for the first ninety days:<br />
(A) For a new individual in treatment;<br />
(B) For an individual readmitted with more than ninety<br />
days since the most recent discharge from opiate substitution<br />
treatment.<br />
(ii) Once every week, for the first month, for an individual<br />
readmitted within ninety days since the most recent discharge<br />
from opiate substitution treatment; and<br />
(iii) Once every month, for an individual transferring<br />
from another opiate substitution treatment program, when the<br />
individual had received treatment for at least ninety days.<br />
(h) Documentation of progress notes in a timely manner<br />
and before any subsequent scheduled appointments of the<br />
same type of service session or group type occur. Progress<br />
notes must include the date, time, duration, participant<br />
names, and a brief summary of the session and the name of<br />
the staff member who provided it.<br />
(i) Documentation when an individual refuses to provide<br />
a drug testing specimen sample or initial the log containing<br />
the sample number. The refusal is considered a positive drug<br />
screen specimen.<br />
(j) Documentation of the results and the discussion held<br />
with the individual regarding any positive drug screen specimens<br />
in the counseling session immediately following the<br />
notification of positive results.<br />
(k) Justification for the change in the level of care when<br />
transferring an individual from one certified treatment service<br />
to another within the same agency, at the same location.<br />
(l) Documentation that a staff member(s) met with the<br />
individual at the time of discharge from the agency, unless<br />
the individual left without notice, to:<br />
(i) Determine the appropriate recommendation for care<br />
and finalize a continuing care plan.<br />
(ii) Assist the individual in making contact with necessary<br />
agencies or services.<br />
(iii) Provide and document the individual was provided a<br />
copy of the plan.<br />
(m) Documentation that the discharge summary was<br />
completed within seven working days of the individual's discharge<br />
from the agency, which includes the date of discharge<br />
and a summary of the individual's progress towards each<br />
individual service plan goal.<br />
(n) When the agency is serving youth:<br />
(i) Two documented attempts were made at short-term<br />
detoxification or drug-free treatment within a twelve-month<br />
period, with a waiting period no less than seven days between<br />
the first and second short-term detoxification treatment.<br />
(ii) When a youth is admitted for maintenance treatment,<br />
written consent by a parent or if applicable, legal guardian or<br />
responsible adult designated by the relevant state authority.<br />
(o) Documentation of all medical services. See WAC<br />
388-877B-0440 and 388-877B-0450, regarding program<br />
physician responsibility and medication management.<br />
(2) In addition to the requirements in (1) of this section,<br />
an agency must ensure the following for each individual service<br />
plan. The individual service plan must:<br />
(a) Be personalized to the individual's unique treatment<br />
needs;<br />
(b) Include individual needs identified in the diagnostic<br />
and periodic reviews, addressing:<br />
[ 47 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(i) All substance use needing treatment, including<br />
tobacco, if necessary;<br />
(ii) Patient bio-psychosocial problems;<br />
(iii) Treatment goals;<br />
(iv) Estimated dates or conditions for completion of each<br />
treatment goal; and<br />
(v) Approaches to resolve the problem.<br />
(c) Document approval by a chemical dependency professional<br />
(CDP) if the staff member developing the plan is<br />
not a CDP.<br />
(d) Document that the plan has been reviewed with the<br />
individual.<br />
NEW SECTION<br />
WAC 388-877B-0430 Opiate substitution treatment<br />
services—Additional assessment standards. An individual<br />
must have a chemical dependency assessment before receiving<br />
opiate substitution treatment services. The purpose of the<br />
assessment is to gather information to determine if a substance<br />
disorder exists and if there are services available to<br />
address individual's needs. In addition to the assessment<br />
requirements of WAC 388-877-0610, the assessment must<br />
include:<br />
(1) A face-to-face diagnostic interview with the individual<br />
in order to obtain, review, evaluate, and document the following:<br />
(a) A history of the individual's involvement with alcohol<br />
and other drugs, to include:<br />
(i) The type of substances used;<br />
(ii) The route of administration; and<br />
(iii) The amount, frequency, and duration of use.<br />
(b) A history of alcohol or other drug treatment or education.<br />
(c) The individual's self-assessment of use of alcohol and<br />
other drugs.<br />
(d) A history of relapse.<br />
(e) A history of self-harm.<br />
(f) A history of legal involvement.<br />
(g) A statement regarding the provision of an HIV/AIDS<br />
brief risk screen, and any referral made.<br />
(2) A diagnostic assessment statement, including sufficient<br />
information to determine the individual's diagnosis<br />
using the:<br />
(a) Diagnostic and Statistical Manual (DMS IV TR,<br />
2000) as it existed on the effective date of this section; then<br />
(b) DSM-5 as it exists when published and released in<br />
2013, consistent with the purposes of this section. Information<br />
regarding the publication date and release of the DSM-5<br />
is posted on the American Psychiatric Association's public<br />
website at www.DSM5.org.<br />
(3) A placement decision, using patient placement criteria<br />
(PPC) dimensions when the assessment indicates the individual<br />
is in need of services.<br />
(4) Evidence the individual was notified of the assessment<br />
results and documentation of the treatment options provided<br />
and the individual's choice. If the individual was not<br />
notified of the results and advised of referral options, the reason<br />
must be documented.<br />
<strong>Proposed</strong> [ 48 ]<br />
(5) The additional requirements for DUI assessment providers<br />
in WAC 388-805-810 if the agency is providing services<br />
to an individual under RCW 46.61.5056.<br />
(6) When assessing youth, documented attempts to<br />
obtain the following information:<br />
(a) Parental and sibling use of alcohol and other drugs.<br />
(b) A history of school assessments for learning disabilities<br />
or other problems which may affect ability to understand<br />
written materials.<br />
(c) Past and present parent/guardian custodial status,<br />
including running away and out-of-home placements.<br />
(d) A history of emotional or psychological problems.<br />
(e) A history of child or adolescent developmental problems.<br />
(f) Ability of the youth's parent(s) or if applicable, legal<br />
guardian, to participate in treatment.<br />
NEW SECTION<br />
WAC 388-877B-0440 Opiate substitution treatment<br />
services—Program physician responsibility. An agency<br />
providing opiate substitution treatment services must ensure<br />
the program physician, or the medical practitioner under<br />
supervision of the program physician, performs and meets the<br />
following:<br />
(1) The program physician or medical practitioner under<br />
supervision of the program physician:<br />
(a) Is responsible to ensure an individual is currently<br />
addicted to an opioid drug and that the person became<br />
addicted at least twelve months before admission to treatment.<br />
(b) May waive the twelve month requirement in (a) of<br />
this subsection upon receiving documentation that the individual:<br />
(i) Was released from a penal institution, if the release<br />
was within the previous six months;<br />
(ii) Is pregnant; or<br />
(iii) Was previously treated within the previous twentyfour<br />
months.<br />
(2) A physical evaluation must be completed on the individual<br />
before admission that includes the determination of<br />
opiate physical addiction, and an assessment for appropriateness<br />
for Sunday and holiday take-home medication.<br />
(3) A review must be completed by the department of<br />
health prescription drug monitoring program data on the individual:<br />
(a) At admission;<br />
(b) Annually after the date of admission; and<br />
(c) Subsequent to any incidents of concern.<br />
(4) All relevant facts concerning the use of the opioid<br />
drug must be clearly and adequately explained to each individual.<br />
(5) Current written and verbal information must be provided<br />
to pregnant individuals, before the initial prescribed<br />
dosage regarding:<br />
(a) The concerns of possible addiction, health risks, and<br />
benefits the opiate substitution medication may have on the<br />
individual and the fetus.<br />
(b) The risk of not initiating opiate substitution medication<br />
on the individual and the fetus.
(c) Referral options to address neonatal abstinence syndrome<br />
for the baby.<br />
(6) Each individual voluntarily choosing to receive<br />
maintenance treatment must sign an informed consent to<br />
treatment.<br />
(7) Within fourteen days of admission, a medical examination<br />
must be completed that includes:<br />
(a) Documentation of the results of serology and other<br />
tests; and<br />
(b) An assessment for the appropriateness of take-home<br />
medications.<br />
(8) When exceptional circumstances exist for an individual<br />
to be enrolled with more than one opiate substitution<br />
treatment agency, justification granting permission must be<br />
documented in the individual's clinical record at each agency.<br />
(9) Each individual admitted to detoxification services<br />
must have an approved detoxification schedule that is medically<br />
appropriate.<br />
(10) Each individual administratively discharged from<br />
services must have an approved detoxification schedule that<br />
is medically appropriate.<br />
(11) An assessment for other forms of treatment must be<br />
completed for each individual who has two or more unsuccessful<br />
detoxification episodes within twelve consecutive<br />
months.<br />
(12) An annual medical examination must be completed<br />
on each individual that includes the individual's overall physical<br />
condition and response to medication.<br />
NEW SECTION<br />
WAC 388-877B-0450 Opiate substitution treatment<br />
services—Medication management. An agency providing<br />
opiate substitution treatment services must ensure the medication<br />
management requirements in this section are met.<br />
(1) An agency:<br />
(a) Must use only those opioid agonist treatment medications<br />
that are approved the Food and Drug Administration<br />
under section 505 of the Federal Food, Drug, and Cosmetic<br />
Act (21 U.S.C. 355) for use in the treatment of opioid addition.<br />
(b) Providing opiate substitution treatment that is fully<br />
compliant with the procedures of an investigational use of a<br />
drug and other conditions set forth in the application may<br />
administer a drug that has been authorized by the Food and<br />
Drug Administration under an investigational new drug<br />
application under section 505(i) of the Federal Food, Drug,<br />
and Cosmetic Act for investigational use in the treatment of<br />
opioid addition. The following opioid agonist treatment<br />
medications are approved by the Food and Drug Administration<br />
for use in the treatment of opioid addition:<br />
(i) Methadone; and<br />
(ii) Buprenorphine.<br />
(2) An agency providing opiate substitution treatment<br />
must ensure that initial dosing requirements are met as follows:<br />
(a) Methadone must be administered or dispensed only<br />
in oral form and is formulated in such a way as to reduce its<br />
potential for parenteral abuse.<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(b) The initial dose of methadone must not exceed thirty<br />
milligrams and the total dose for the first day must not exceed<br />
forty milligrams, unless the program physician documents in<br />
the individual's record that forty milligrams did not suppress<br />
opiate abstinence symptoms.<br />
(c) The establishment of the initial dose must consider:<br />
(i) Signs and symptoms of withdrawal;<br />
(ii) Individual comfort; and<br />
(iii) Side effects from over medication.<br />
(3) An agency providing opiate substitution treatment<br />
must ensure that:<br />
(a) Each opioid agonist treatment mediation used by the<br />
program is administered and dispensed in accordance with its<br />
approved product labeling.<br />
(b) All dosing and administration decisions are made by<br />
a:<br />
(i) Program physician;<br />
(ii) Medical practitioner under supervision of a program<br />
physician; or<br />
(iii) Medical practitioner under supervision of a program<br />
physician familiar with the most up-to-date product labeling.<br />
(c) Any significant deviations from the approved labeling,<br />
including deviations with regard to dose, frequency, or<br />
the conditions of use described in the approved labeling, are<br />
specifically documented in the individual's record.<br />
(4) An agency providing opiate substitution treatment<br />
must ensure that all take-home mediations are:<br />
(a) Consistent with 42 CFR Part 8.12 (i)(1-5) and are<br />
authorized only to stable individuals who:<br />
(i) Have received opiate substitution treatment mediation<br />
for a minimum of ninety days; and<br />
(ii) Have not had any positive drug screens in the last<br />
sixty days.<br />
(b) Assessed and authorized, as appropriate, for a Sunday<br />
or legal holiday as identified in RCW 1.16.050.<br />
(c) Assessed and authorized, as appropriate, when travel<br />
to the facility presents a safety risk for an individual or staff<br />
member due to inclement weather.<br />
(d) Not allowed in short-term detoxification or interim<br />
maintenance treatment.<br />
(5) All exceptions to take-home requirements must be<br />
submitted and approved by the state opioid treatment authority<br />
and SAMHSA.<br />
NEW SECTION<br />
WAC 388-877B-0500 Assessment only services—<br />
General. The rules in WAC 388-877B-0500 through 388-<br />
877B-0550 apply to behavioral health agencies that provide<br />
assessment only services. The definitions in WAC 388-877-<br />
0200 also apply to chemical dependency assessment only services.<br />
(1) Chemical dependency assessment services are provided<br />
to an individual to determine the individual's involvement<br />
with alcohol and other drugs and determine the appropriate<br />
course of care or referral.<br />
(2) An agency providing assessment services to an individual<br />
must:<br />
(a) Be licensed by the department as a behavioral health<br />
agency;<br />
[ 49 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(b) Meet the applicable behavioral health agency licensure,<br />
certification, administrative, personnel, and clinical<br />
requirements in chapter 388-877 WAC, Behavioral health<br />
services administrative requirements; and<br />
(c) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Program-specific requirements in WAC 388-877B-<br />
0500 through 388-877B-0550.<br />
(3) An agency providing assessment services:<br />
(a) Must review, evaluate, and document information<br />
provided by the individual;<br />
(b) May include information from external sources such<br />
as family, support individuals, legal entities, courts, and<br />
employers; and<br />
(c) Is not required to meet the individual service plan<br />
requirements in WAC 388-877-0620.<br />
(4) An agency must maintain and provide a list of<br />
resources, including self-help groups, and referral options<br />
that can be used by staff members to refer an individual to<br />
appropriate services.<br />
(5) An agency providing ADATSA and DUI assessment<br />
services must meet the additional standards in WAC 388-<br />
877B-0550.<br />
NEW SECTION<br />
WAC 388-877B-0510 Assessment only services—<br />
Agency staff requirements. In addition to meeting the<br />
agency administrative and personnel requirements in WAC<br />
388-877-0400 through 388-877-0530, an agency providing<br />
assessment services must ensure:<br />
(1) All chemical dependency assessment services are<br />
provided by a chemical dependency professional (CDP).<br />
(2) There is a designated clinical supervisor who:<br />
(a) Is a CDP;<br />
(b) Has documented competency in clinical supervision;<br />
and<br />
(c) Is responsible for monitoring the continued competency<br />
of each CDP. The monitoring must include a semiannual<br />
review of a sample of the clinical records kept by the<br />
CDP.<br />
(3) Each staff member that provides individual care has<br />
a copy of an initial tuberculosis (TB) screen or test and any<br />
subsequent screening or testing in their personnel file.<br />
(4) All staff members are provided annual training on the<br />
prevention and control of communicable disease, blood<br />
borne pathogens, and TB. The training must be documented<br />
in the personnel file.<br />
NEW SECTION<br />
WAC 38-877B-0530 Assessment only services—<br />
Additional assessment standards. An individual must have<br />
an assessment before receiving chemical dependency treatment<br />
services. The purpose of the assessment is to gather<br />
information to determine if a substances use disorder exists<br />
and if there are services available to address the individual's<br />
needs. In addition to the assessment requirements in WAC<br />
388-877-0610, the assessment must include:<br />
<strong>Proposed</strong> [ 50 ]<br />
(1) A face-to-face diagnostic interview with the individual<br />
in order to obtain, review, evaluate, and document the following:<br />
(a) A history of the individual's involvement with alcohol<br />
and other drugs, including:<br />
(i) The type of substances used, including tobacco;<br />
(ii) The route of administration;<br />
(iii) The amount, frequency, and duration of use.<br />
(b) A history of alcohol or other drug treatment or education.<br />
(c) The individual self-assessment of use of alcohol and<br />
other drugs.<br />
(d) A history of relapse.<br />
(e) A history of self-harm.<br />
(f) A history of legal involvement.<br />
(g) A statement regarding the provision of an HIV/AIDS<br />
brief risk screen, and any referral made.<br />
(2) A diagnostic assessment statement, including sufficient<br />
information to determine the individual's diagnosis<br />
using the:<br />
(a) Diagnostic and Statistical Manual (DSM IV TR,<br />
2000), as it existed on the effective date of this section; then<br />
(b) DSM-5 as it exists when published and released in<br />
2013, consistent with the purposes of this section. Information<br />
regarding the publication date and release of the DSM-5<br />
is posted on the American Psychiatric Association's public<br />
website at www.DSM5.org.<br />
(3) A placement decision, using patient placement criteria<br />
(PPC) dimensions when the assessment indicates the individual<br />
is in need of services.<br />
(4) Evidence the individual was notified of the assessment<br />
results and documentation of the treatment options provided<br />
and the individual's choice. If the individual was not<br />
notified of the results and advised of referral options, the reason<br />
must be documented.<br />
(5) Documented attempts to obtain the following information<br />
when assessing youth:<br />
(a) Parental and sibling use of alcohol and other drugs.<br />
(b) A history of school assessments for learning disabilities<br />
or other problems which may affect ability to understand<br />
written materials.<br />
(c) Past and present parent/guardian custodial status,<br />
including running away and out-of-home placements.<br />
(d) A history of emotional or psychological problems.<br />
(e) A history of child or adolescent developmental problems.<br />
(f) Ability of the youth's parent(s) or if applicable, legal<br />
guardian, to participate in treatment.<br />
Reviser's note: The section above appears as filed by the agency pursuant<br />
to RCW 34.08.040; however, the reference to WAC 38-877B-0530 is<br />
probably intended to be WAC 388-877B-0530.<br />
NEW SECTION<br />
WAC 388-877B-0540 Assessment only services—<br />
Noncompliance reporting requirements. An agency providing<br />
chemical dependency assessment services must report<br />
noncompliance in all levels of care for an individual ordered<br />
into chemical dependency treatment by a court or other<br />
appropriate jurisdiction(s). An agency that fails to report<br />
noncompliance for an individual under RCW 46.61 is subject
to penalties at stated in RCW 46.61.5056(4). An agency providing<br />
treatment to an individual mandated by a court to<br />
treatment, including deferred prosecution, must develop procedures<br />
addressing individual noncompliance and reporting<br />
requirements, including:<br />
(1) Completing an authorization to release confidential<br />
information form that meets the requirements of 42 CFR Part<br />
2 and 45 CFR Parts 160 and 164 or through a court order<br />
authorizing the disclosure under the requirements of 42 CFR<br />
Part 2, Section 2.63 through 2.67.<br />
(2) Notifying the designated chemical dependency specialist<br />
within three working days from obtaining information<br />
of any violation of the terms of the court order for purposes of<br />
revoking the individual's conditional release, if the individual<br />
is under department of correction supervision.<br />
(3) Reporting and recommending action for emergency<br />
noncompliance to the court or other appropriate jurisdiction(s)<br />
within three working days from obtaining information<br />
on:<br />
(a) An individual's failure to maintain abstinence from<br />
alcohol and other nonprescribed drugs as verified by individual's<br />
self-report, identified third party report confirmed by the<br />
agency, or blood alcohol content or other laboratory test.<br />
(b) An individual's departure report of subsequent alcohol<br />
and/or drug related request. An individual leaving the<br />
program against program advice.<br />
(c) An individual discharged for rule violation.<br />
(4) Reporting and recommending action for nonemergent,<br />
noncompliance to the court or other appropriate jurisdiction(s)<br />
within ten working days from the end of each<br />
reporting period, upon obtaining information on:<br />
(a) An individual's unexcused absences or failure to<br />
report, including failure to attend mandatory self-help<br />
groups.<br />
(b) An individual's failure to make acceptable progress<br />
in any part of the treatment plan.<br />
(5) Transmitting noncompliance or other significant<br />
changes as soon as possible, but no longer than ten working<br />
days from the date of the noncompliance, when the court<br />
does not wish to receive monthly reports.<br />
(6) Reporting compliance status of persons convicted<br />
under RCW 46.61 to the department of licensing.<br />
NEW SECTION<br />
WAC 388-877B-0550 Assessment only services—<br />
Additional standards for DUI assessment services. Driving<br />
under the influence (DUI) assessments are diagnostic services<br />
requested by a court to determine an individual's<br />
involvement with alcohol and other drugs and to recommend<br />
a course of action. An agency providing DUI assessment services,<br />
as defined in chapter 46.61 RCW, must ensure:<br />
(1) The assessment is conducted in person.<br />
(2) The individual has a summary included in the assessment<br />
that evaluates the individual's:<br />
(a) Blood or breath alcohol level and other drug levels, or<br />
documentation of the individual's refusal at the time of the<br />
arrest, if available; and<br />
(b) Self-reported driving record and the abstract of the<br />
individual's legal driving record.<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(3) That when the assessment findings do not result in a<br />
substance use disorder diagnosis, the assessment also<br />
includes:<br />
(a) A copy of the police report;<br />
(b) A copy of the court originated criminal case history;<br />
and<br />
(c) The results of a urine analysis (UA) or drug testing<br />
obtained at the time of the assessment.<br />
(4) That the assessment contains documentation of the<br />
attempts to obtain the information in (3) of this section if it is<br />
not readily available.<br />
(5) The assessment includes a referral to alcohol and<br />
drug information school.<br />
NEW SECTION<br />
WAC 388-877B-0600 Information and assistance<br />
services—General. The rules in WAC 388-877B-0600<br />
through 388-877B-0660 apply to behavioral health agencies<br />
that provide chemical dependency information and assistance<br />
services. The definitions in WAC 388-877-0200 also apply<br />
to chemical dependency information and assistance services.<br />
(1) Information and assistance services are considered<br />
nontreatment services provided to support an individual who<br />
has a need for interventions related to the use of alcohol<br />
and/or other drugs.<br />
(2) Information and assistance services certified by the<br />
department include:<br />
(a) Alcohol and drug information school (see WAC 388-<br />
877B-0630);<br />
(b) Information and crisis services (see WAC 388-877B-<br />
0640);<br />
(c) Emergency service patrol (see WAC 388-877B-<br />
0650); and<br />
(d) Screening and brief intervention (see WAC 388-<br />
877B-0660).<br />
(3) An agency providing information and assistance services<br />
to an individual must:<br />
(a) Be licensed by the department as a behavioral health<br />
agency;<br />
(b) Meet the applicable behavioral health agency licensure,<br />
certification, administrative, personnel, and clinical<br />
requirements in chapter 388-877 WAC, Behavioral health<br />
services administrative requirements; and<br />
(c) Have policies and procedures to support and implement<br />
the:<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Program-specific requirements in WAC 388-877B-<br />
0600 through 388-877B-0660.<br />
(d) Chemical dependency information and assistance<br />
services are available without an initial assessment or individual<br />
service plan and are not required to meet the requirements<br />
under WAC 388-877-0640.<br />
(4) An agency providing information and assistance services<br />
must maintain and provide a list of resources, including<br />
self-help groups and referral options, that can be used by staff<br />
members to refer an individual to appropriate services.<br />
[ 51 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
NEW SECTION<br />
WAC 388-877B-0610 Information and assistance<br />
services—Agency staff requirements. In addition to meeting<br />
the agency administrative and personnel requirements in<br />
WAC 388-877-0400 through 388-877-0530, an agency providing<br />
information and assistance services must ensure each<br />
staff member:<br />
(1) Is provided annual training on the prevention and<br />
control of communicable disease, blood borne pathogens and<br />
tuberculosis (TB). The training must be documented in the<br />
personnel file.<br />
(2) Who provides individual care has a copy of an initial<br />
TB screen or test and any subsequent screening or testing in<br />
their personnel file.<br />
NEW SECTION<br />
WAC 388-877B-0630 Information and assistance<br />
services—Alcohol and drug information school. Alcohol<br />
and drug information school is an educational program about<br />
the use and abuse of alcohol and other drugs. This service is<br />
for an individual referred by a court or other jurisdiction(s)<br />
who may have been assessed and determined not to require<br />
treatment. An agency providing alcohol and drug information<br />
school services must:<br />
(1) Ensure courses are taught by a certified information<br />
school instructor or a chemical dependency professional<br />
(CDP) who:<br />
(a) At the time of enrollment, informs each student of the<br />
course fees.<br />
(b) Advises each student there is no assumption the student<br />
has a substance use disorder, and that the course is not a<br />
therapy session.<br />
(c) Discusses the class rules.<br />
(d) Reviews the course objectives.<br />
(e) Follows a department-approved curriculum.<br />
(f) Ensures each course has no fewer than eight and no<br />
more than fifteen hours of classroom instruction.<br />
(g) Ensures adequate and comfortable seating in a welllit<br />
and ventilated room.<br />
(h) Administers each enrolled student the post-test for<br />
each course after the course is completed.<br />
(2) Ensure a school instructor who is not a CDP:<br />
(a) Has a certificate of completion of an alcohol and<br />
other drug information school instructor's training course<br />
approved by the department, and the personnel file contains<br />
documentation of the training.<br />
(b) Maintains school instructor status by completing fifteen<br />
clock hours of continuing education. The fifteen hours<br />
of continuing education must:<br />
(i) Occur during each two-year period beginning January<br />
of the year following the instructor's initial qualification; and<br />
(ii) Be in subject areas that increase knowledge and skills<br />
in training, teaching techniques, curriculum planning and<br />
development, presentation of educational material, laws and<br />
rules, and developments in the chemical dependency field.<br />
(3) Ensure each individual student record contains:<br />
(a) An intake form, including demographics;<br />
(b) The hours of attendance, including dates;<br />
(c) The source of the student's referral;<br />
<strong>Proposed</strong> [ 52 ]<br />
(d) A copy of all reports, assessments, letters, certificates,<br />
and other correspondence to the courts and the department<br />
of licensing, including noncompliance reporting under<br />
chapter 46.61 RCW;<br />
(e) A record of any referrals made; and<br />
(f) A copy of the scored post-test.<br />
NEW SECTION<br />
WAC 388-877B-0640 Information and assistance<br />
services—Information and crisis services. Information and<br />
crisis services provide an individual assistance or guidance<br />
related to the abuse of addictive substances, twenty-fourhours-a-day<br />
by telephone or in-person. An agency providing<br />
information and crisis services must:<br />
(1) Have services available twenty-four-hours-a-day,<br />
seven-days-a-week.<br />
(2) Ensure each staff member completes forty hours of<br />
training that covers the following areas before assigning the<br />
staff member unsupervised duties:<br />
(a) Chemical dependency crisis intervention techniques;<br />
and<br />
(b) Alcoholism and drug abuse.<br />
(3) Ensure a chemical dependency professional (CD), or<br />
a CDP trainee (CDPT) under supervision of a CDP, is available<br />
or on staff twenty-four-hours-a-day.<br />
(4) Have a least one approved supervisor that meets the<br />
qualifications in WAC 246-811-049, if services are provided<br />
by a CDPT or other certified or licensed counselor in training<br />
to become a CDP. The supervisor must decrease the number<br />
of individual contact hours for each full-time CDPT under<br />
their supervision.<br />
(5) Maintain a current directory of all certified chemical<br />
dependency service providers in the state.<br />
(6) Maintain a current list of local resources for legal,<br />
employment, education, interpreter, and social and health<br />
services.<br />
(7) Maintain records of each individual contact, including:<br />
(a) The name, age, sex, and ethnic background of the<br />
individual.<br />
(b) The presenting problem.<br />
(c) The outcome.<br />
(d) A record of any referral made.<br />
(e) The signature of the person handling the case.<br />
NEW SECTION<br />
WAC 388-877B-0650 Information and assistance<br />
services—Emergency service patrol. Emergency service<br />
patrol provides transport assistance to an intoxicated individual<br />
in a public place when a request has been received from<br />
police, merchants, or other persons. An agency providing<br />
emergency service patrol must:<br />
(1) Ensure the staff member providing the service:<br />
(a) Has proof of a valid Washington state driver's<br />
license.<br />
(b) Possesses annually updated verification of first-aid<br />
and cardiopulmonary resuscitation training.
(c) Has completed forty hours of training in chemical<br />
dependency crisis intervention techniques and alcoholism<br />
and drug abuse, to improve skills in handling crisis situations.<br />
(2) Respond to calls from police, merchants, and other<br />
persons for assistance with an intoxicated individual in a public<br />
place.<br />
(3) Patrol assigned areas and give assistance to an individual<br />
intoxicated in a public place.<br />
(4) Conduct a preliminary screening of an individual's<br />
condition related to the state of their impairment and presence<br />
of a physical condition needing medical attention.<br />
(5) Transport the individual to their home or shelter, to a<br />
certified treatment provider, or a health care facility if the<br />
individual is intoxicated, but subdued and willing to be transported.<br />
(6) Make reasonable efforts to take the individual into<br />
protective custody and transport the individual to an appropriate<br />
treatment or health care facility, when the individual is<br />
incapacitated, unconscious, or has threatened or inflicted<br />
harm on another person.<br />
(7) Call law enforcement for medical assistance if the<br />
individual is unwilling to be taken into protective custody.<br />
(8) Maintain a log, including:<br />
(a) The date, time and origin of each call received for<br />
assistance.<br />
(b) The time of arrival at the scene.<br />
(c) The location of the individual at the time of the assist.<br />
(d) The name and sex of the individual transported.<br />
(e) The results of the preliminary screening.<br />
(f) The destination and address of the transport and time<br />
of arrival.<br />
(g) In case of nonpickup of a person, documentation of<br />
why the pickup did not occur.<br />
NEW SECTION<br />
WAC 388-877B-0660 Information and assistance<br />
services—Screening and brief intervention. Screening and<br />
brief intervention is a combination of services designed to<br />
screen an individual for risk factors that appear to be related<br />
to alcohol and other drug use disorders, provide interventions,<br />
and make appropriate referral as needed. These services<br />
may be provided in a wide variety of settings. An<br />
agency providing screening and brief intervention services<br />
must:<br />
(1) Ensure services are provided by a chemical dependency<br />
professional (CDP), or another appropriately credentialed<br />
staff member.<br />
(2) Ensure each staff member completes forty hours of<br />
training that covers the following areas before assigning the<br />
staff member unsupervised duties:<br />
(a) Chemical dependency screening and brief intervention<br />
techniques;<br />
(b) Motivational interviewing; and<br />
(c) Referral.<br />
(3) Maintain a current list of local resources for legal,<br />
employment, education, interpreter, and social and health<br />
services.<br />
(4) Ensure each individual's record contains:<br />
(a) A copy of a referral.<br />
Washington State Register, Issue 13-03 WSR 13-02-028<br />
(b) Demographic information.<br />
(c) Documentation the individual was informed and<br />
received a copy of the requirements under 42 CFR Part 2.<br />
(d) Documentation the individual received a copy of the<br />
counselor disclosure information.<br />
(e) Documentation the individual received a copy of the<br />
individual rights.<br />
(f) Authorization for the release of information.<br />
(g) A copy of screening documents, including outcome<br />
and referrals.<br />
(h) Documentation of progress notes in a timely manner<br />
summarizing any contact with the individual. Progress notes<br />
must include the date, time, duration, participant names, a<br />
brief summary of the screening and brief intervention, and<br />
the name of the staff member who provided it.<br />
Chapter 388-877C WAC<br />
PROBLEM AND PATHOLOGICAL GAMBLING SER-<br />
VICES<br />
NEW SECTION<br />
WAC 388-877C-0100 Problem and pathological<br />
gambling services—General. The rules in WAC 388-877C-<br />
0100 through 388-877C-0130 apply to behavioral health<br />
agencies that provide problem and pathological gambling<br />
services. The definitions in WAC 388-877-0200 also apply<br />
to problem and pathological gambling services.<br />
(1) Problem and pathological gambling treatment services<br />
provide treatment to an individual that includes diagnostic<br />
screening and assessment, and individual, group, couples,<br />
and family counseling and case management.<br />
(2) An agency providing problem and pathological gambling<br />
treatment services must:<br />
(a) Be licensed by the department as a behavioral health<br />
agency;<br />
(b) Meet the applicable behavioral health agency licensure,<br />
certification, administration, personnel, and clinical<br />
requirements in chapter 388-877 WAC, Behavioral health<br />
services administrative requirements; and<br />
(c) Have policies and procedures to support and implement<br />
the<br />
(i) General requirements in chapter 388-877 WAC; and<br />
(ii) Program-specific requirements in WAC 388-877C-<br />
0100 through 388-877C-0130.<br />
(3) An agency must use the following to make diagnosis,<br />
admission, and discharge planning decisions:<br />
(a) Diagnostic and Statistical Manual (DMS IV TR,<br />
2000) as it existed on the effective date of this section; then<br />
(b) DSM-5 as it exists when published and released in<br />
2013, consistent with the purposes of this section. Information<br />
regarding the publication date and release of the DSM-5<br />
is posted on the American Psychiatric Association's public<br />
website at www.DSM5.org.<br />
(4) An agency must have an outline of each education<br />
session included in the service that is sufficient in detail for<br />
another trained staff person to deliver the session in the<br />
absence of the regular instructor.<br />
[ 53 ] <strong>Proposed</strong>
WSR 13-02-028 Washington State Register, Issue 13-03<br />
(5) The agency must:<br />
(a) Maintain a list or source of resources, including selfhelp<br />
groups, and referral options that can be used by staff to<br />
refer an individual to appropriate services.<br />
(b) Screen for the prevention and control of tuberculosis<br />
(TB).<br />
(c) Limit the size of group counseling sessions to no<br />
more than twelve individuals.<br />
(d) Maintain a written procedure for the response to<br />
medical and psychiatric emergencies.<br />
(6) An agency must ensure that when offering off-site<br />
treatment:<br />
(a) The agency maintains a current list of all locations<br />
where off-site services are provided including the name,<br />
address (except individual in-home services), primary purpose<br />
of the off-site location, level of services provided, and<br />
date the off-site services began at the off-site location.<br />
(b) The agency maintains a written procedure of:<br />
(i) How confidentiality will be maintained at each offsite<br />
location, including how confidential information and<br />
individual records will be transported between the certified<br />
facility and the off-site location.<br />
(ii) How services will be offered in a manner that promotes<br />
individual and staff member safety.<br />
(c) The agency is certified to provide the type of services<br />
offered at its main location.<br />
(d) The problem and pathological gambling assessment<br />
and treatment services are not the primary purpose of the<br />
location where the individual is served, such as in a school, a<br />
hospital, or a correctional facility.<br />
(e) Services are provided in a private, confidential setting<br />
within the off-site location.<br />
NEW SECTION<br />
WAC 388-877C-0110 Problem and pathological<br />
gambling services—Agency staff requirements. In addition<br />
to meeting the agency administrative and personnel<br />
requirements in WAC 388-877-0400 through 388-877-0530,<br />
an agency providing problem and pathological gambling services<br />
must ensure:<br />
(1) All problem and pathological gambling treatment<br />
services are provided by:<br />
(a) A certified Washington state, national, or international<br />
gambling counselor who is credentialed by the department<br />
of health (DOH) under chapter 18.19, 18.225, or 18.83<br />
RCW; or<br />
(b) An individual credentialed by DOH under chapter<br />
18.19, 18.225, or 18.83 RCW, under the supervision of a certified<br />
problem gambling counselor, in training to become a<br />
certified problem gambling counselor.<br />
(2) Before providing problem and pathological treatment<br />
services, an individual in training to become a certified problem<br />
gambling counselor must have minimum of:<br />
(a) At least one thousand five hundred hours of professionally<br />
supervised post-certification or post-registration<br />
experience providing mental health or chemical dependency<br />
treatment services; and<br />
(b) Thirty hours of unduplicated gambling specific training,<br />
including the basic training. One of the following state,<br />
<strong>Proposed</strong> [ 54 ]<br />
national, or international organizations must approve the<br />
training:<br />
(i) Washington state gambling counselor certification<br />
committee;<br />
(ii) National or international gambling counselor certification<br />
board; or<br />
(iii) The department's division of behavioral health and<br />
recovery.<br />
(3) An individual who meets (2)(b) of this section must<br />
complete training to become a certified problem and pathological<br />
gambling counselor within two years of beginning<br />
problem and pathological gambling clinical practice.<br />
(4) All staff members in training to become a certified<br />
problem gambling counselor must receive clinical supervision.<br />
The clinical supervisor must:<br />
(a) Hold a valid international gambling counselor certification<br />
board-approved clinical consultant credential, a valid<br />
Washington state certified gambling counselor II certification<br />
credential, or a valid national certified gambling counselor<br />
II certification credential; and<br />
(b) Complete training on gambling specific clinical<br />
supervision approved by a state, national, or international<br />
organization including, but not limited to, the:<br />
(i) Washington state gambling counselor certification<br />
committee;<br />
(ii) National or international gambling counselor certification<br />
board; or<br />
(iii) The department's division of behavioral health and<br />
recovery.<br />
NEW SECTION<br />
WAC 388-877C-0120 Problem and pathological<br />
gambling services—Clinical record content and documentation<br />
requirements. In addition to the general clinical<br />
record content requirements in WAC 388-877-0640, an<br />
agency providing problem and pathological gambling treatment<br />
services must maintain an individual's clinical record<br />
that contains:<br />
(1) Evidence the individual was notified of the assessment<br />
results and documentation of the treatment options provided<br />
and the individual's choice. If the individual was not<br />
notified of the results and advised of referral options, the reason<br />
must be documented.<br />
(2) Documentation that each individual received a copy<br />
of the rules and responsibilities for treatment participants,<br />
including the potential use of interventions or sanctions.<br />
(3) Documentation that the individual service plan was<br />
completed before the individual received treatment services.<br />
(4) Documentation that the individual service plan was<br />
reviewed monthly.<br />
(5) Documentation of progress notes that occurs in time<br />
manner and before any subsequent scheduled appointments<br />
of the same type of service session or group type occur.<br />
Progress notes must include the date, time, duration, participant<br />
names, a brief summary of the session, including the<br />
individual's response to treatment, and the name of the staff<br />
member who provided the treatment.<br />
(6) Documentation of referrals made for specialized care<br />
or services.
(7) Documentation that staff members met with each<br />
individual at the time of discharge, unless the individual left<br />
without notice, to:<br />
(a) Determine the appropriate recommendation for care<br />
and finalize a continuing care plan.<br />
(b) Assist the individual in making contact with necessary<br />
agencies or services.<br />
(c) Provide and document the individual was provided<br />
with a copy of the plan.<br />
(8) Documentation that a discharge summary, including<br />
the date of discharge and a summary of the individual's progress<br />
towards each individual service plan goal, was completed<br />
within seven days of the individual's discharge.<br />
NEW SECTION<br />
WAC 388-877C-0130 Problem and pathological<br />
gambling services—Additional assessment standards. An<br />
individual must have an assessment before receiving problem<br />
and pathological gambling services. The purpose of the<br />
assessment is to gather information to determine if a gambling<br />
disorder exists and if there are services available to<br />
address the individual's needs.<br />
(1) In addition to the assessment requirements in WAC<br />
388-877-0610, the assessment must include:<br />
(a) A face-to-face diagnostic interview with the individual<br />
in order to obtain, review, evaluate, and document the following:<br />
(i) Legal history, including arrests and convictions.<br />
(ii) Medical and health history.<br />
(iii) Family history describing family composition and<br />
dynamics.<br />
(iv) Relationships and interaction with persons and<br />
groups outside the home.<br />
(v) Suicidal or homicidal assessment, including current<br />
and past history.<br />
(iv) Substance abuse history including:<br />
(A) The type of substances used;<br />
(B) The route of administration;<br />
(C) The amount, frequency, and duration of use; and<br />
(D) History of alcohol or other drug treatment or education.<br />
(b) Vocational or employment status and history describing<br />
skills or trades learned, jobs held, duration of employment,<br />
and reasons for leaving.<br />
(c) A financial evaluation and information, including<br />
current financial status, gambling debts, any previous bankruptcy<br />
or repayment plans, and insurance coverage.<br />
(d) Problem gambling screens.<br />
(e) A diagnostic assessment, including sufficient data to<br />
determine a client diagnosis supported by the:<br />
(i) Diagnostic and Statistical Manual (DSM IV TR,<br />
2000) as it existed on the effective date of this section; then<br />
(ii) DSM-5 as it exists when published and released in<br />
2013, consistent with the purposes of this section. Information<br />
regarding the publication date and release of the DSM-5<br />
is posted on the American Psychiatric Association's public<br />
website at www.DSM5.org.<br />
Washington State Register, Issue 13-03 WSR 13-03-021<br />
(f) The assessment must also include a family assessment<br />
when the individual is someone other than the problem<br />
or pathological gambler.<br />
Reviser's note: The typographical error in the above section occurred<br />
in the copy filed by the agency and appears in the Register pursuant to the<br />
requirements of RCW 34.08.040.<br />
WSR 13-03-021<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
SOCIAL AND HEALTH SERVICES<br />
[Filed January 7, 2013, 11:41 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
22-004.<br />
Title of Rule and Other Identifying Information:<br />
Extended foster care services, amending WAC 388-25-0110<br />
and 388-148-0010 and new sections WAC 388-25-0500<br />
through 388-25-0548. Legislation passed in 2012 (ESHB<br />
2592) authorizes children's administration to provide<br />
extended foster care services to youth age eighteen up to<br />
twenty-one years who are eligible to receive foster care services<br />
authorized under RCW 74.13.031 to complete secondary<br />
education, a secondary education equivalency program, a<br />
post-secondary education program, or a post-secondary vocational<br />
program.<br />
Hearing Location(s): Office Building 2, Lookout Room,<br />
DSHS Headquarters, 1115 Washington, Olympia, WA 98504<br />
(public parking at 11th and Jefferson. A map is available at<br />
http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.<br />
html), on February 26, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: Not earlier than February<br />
27, 2013.<br />
Submit Written Comments to: DSHS Rules Coordinator,<br />
P.O. Box 45850, Olympia, WA 98504, e-mail DSHS<br />
RPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185,<br />
by 5 p.m. on February 26, 2013.<br />
Assistance for Persons with Disabilities: Contact Jennisha<br />
Johnson, DSHS rules consultant, by February 5, 2013,<br />
TTY (360) 664-6178 or (360) 664-6094 or by e-mail at<br />
jennisha.johnson@dshs.wa.gov.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: To clarify eligibility<br />
for extended foster care, participation and documentation<br />
requirements and expectations for youth participating in<br />
the program.<br />
Reasons Supporting Proposal: ESHB 2592 enables<br />
Washington state to access a federal match of funds under<br />
2008 federal legislation "Fostering Connections to Success<br />
and Increasing Adoptions Act." The act provides an option<br />
permitting states to use Title IV-E foster care funds for youth<br />
who wish to pursue secondary or post-secondary education<br />
programs from age eighteen up to twenty-one years old.<br />
ESHB 2592 authorizes continued extended foster care services<br />
for youth ages eighteen to twenty-one years to complete<br />
a postsecondary academic or postsecondary vocational education<br />
program. Because of the range and complexity of<br />
delivering foster care and legal services relating to this pro-<br />
[ 55 ] <strong>Proposed</strong>
WSR 13-03-021 Washington State Register, Issue 13-03<br />
gram, children's administration has collaborated with advocates,<br />
judicial officers, legal counsel for children and the<br />
department, service providers, youth, foster parents, JRA,<br />
DDD, others in developing the proposed WACs to govern the<br />
program.<br />
Statutory Authority for Adoption: RCW 74.13.031 and<br />
13.34.267.<br />
Statute Being Implemented: RCW 74.13.031, 13.34.-<br />
267.<br />
Name of Proponent: Department of social and health<br />
services, governmental.<br />
Name of Agency Personnel Responsible for Drafting,<br />
Implementation and Enforcement: Jim Pritchard, Children's<br />
Administration, P.O. Box 45710, Olympia, WA, (360) 902-<br />
8487.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. Not required. These<br />
rules are dictated by Washington state statute.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. Not required. These rules are dictated by Washington<br />
state statute.<br />
January 2, 2013<br />
Katherine I. Vasquez<br />
Rules Coordinator<br />
AMENDATORY SECTION (Amending WSR 01-08-047,<br />
filed 3/30/01, effective 4/30/01)<br />
WAC 388-25-0110 What is the effective date for termination<br />
of foster care payments? (1) The department ends<br />
payment on the day before the child actually leaves the foster<br />
home or facility. The department does not pay for the last<br />
day that a child is in a foster care home or facility.<br />
(2) The department terminates family foster care payments<br />
for children in family foster care effective the date:<br />
(a) The child no longer needs foster care; or<br />
(b) The child no longer resides in foster care except as<br />
provided in WAC 388-25-0180; or<br />
(c) The child reaches the age of eighteen.<br />
(i)If the child continues to attend, but has not finished,<br />
high school or an equivalent educational program at the age<br />
of eighteen and has a need for continued family foster care<br />
services, the department may continue payments until the<br />
date the child completes the high school program or equivalent<br />
educational or vocational program. The department must<br />
not extend payments for a youth in care beyond age twenty.<br />
(ii) If the child has applied and demonstrates he or she<br />
intends to timely enroll, or is enrolled and participating in a<br />
post-secondary education program, or a post-secondary vocational<br />
program at the age of eighteen and has a need for continued<br />
family foster care services, the department may continue<br />
payments until the date the child reaches his or her<br />
twenty-first birthday or is no longer enrolled in and participating<br />
in a post secondary program, whichever is earlier.<br />
(3) The department must terminate foster care payments<br />
for children in the behavior rehabilitative services program<br />
effective the date:<br />
(a) The child no longer needs rehabilitative services; or<br />
<strong>Proposed</strong> [ 56 ]<br />
(b) The child is no longer served through contracted<br />
rehabilitative services program except as provided in WAC<br />
388-25-0030; or<br />
(c) The child reaches the age of eighteen and continues<br />
to attend, but has not finished, high school or an equivalent<br />
educational program and has a need for continued rehabilitative<br />
treatment services, the department may continue payments<br />
until the date the youth completes the high school program<br />
or equivalent educational or vocational program. The<br />
department must not extend payments for a youth in care<br />
beyond age twenty.<br />
NEW SECTION<br />
WAC 388-25-0500 What is the legal basis of the<br />
extended foster care program? The legal authorities for the<br />
program are:<br />
(1) Revised Code of Washington: RCW 74.13.031 and<br />
RCW 13.34.267;<br />
(2) United States Code: 42 USC sec. 671-675; and<br />
(3) The U.S. Department of Health and Human Services<br />
(DHHS) policy guidelines for states to use in determining a<br />
child's eligibility for participation in extended foster care programs.<br />
NEW SECTION<br />
WAC 388-25-0502 What is the purpose of the<br />
extended foster care program? The extended foster care<br />
program provides an opportunity for young adults in foster<br />
care at age eighteen to voluntarily agree to continue receiving<br />
foster care services, including placement services, while the<br />
youth completes a secondary or post-secondary academic or<br />
vocational program.<br />
NEW SECTION<br />
WAC 388-25-0504 What is extended foster care?<br />
Extended foster care is a program offered to young adults,<br />
age eighteen up to twenty-one, who turn eighteen while in<br />
foster care, to enable them to complete:<br />
(1) A high school diploma or general equivalency<br />
diploma;<br />
(2) Post secondary or vocational education.<br />
NEW SECTION<br />
WAC 388-25-0506 Who is eligible for extended foster<br />
care? To be eligible for the extended foster care program a<br />
youth, on his or her eighteenth birthday, must:<br />
(1) Be dependent under chapter 13.34 RCW;<br />
(2) Be placed in foster care (as defined in WAC 388-25-<br />
0508) by children's administration, and:<br />
(a) Be enrolled (as described in WAC 388-25-0512) in a<br />
high school or secondary education equivalency program; or<br />
(b) Be enrolled (as described in WAC 388-25-0512) in a<br />
post secondary academic or vocational education program; or<br />
(c) Have applied for and can demonstrate intent to timely<br />
enroll in a post secondary academic or vocational education<br />
program (as described in WAC 388-25-0514).
NEW SECTION<br />
WAC 388-25-0508 When is a youth considered to be<br />
"in foster care"? For the purpose of determining initial eligibility<br />
for the extended foster care program, a youth is in<br />
foster care if the youth is under children's administration<br />
(CA) placement and care authority, is placed by CA in out of<br />
home care, in relative care, licensed foster home, licensed<br />
group care, or other suitable person placement. Provided:<br />
(1) A youth who is temporarily away from a foster care<br />
placement in:<br />
(a) A hospital;<br />
(b) A drug/alcohol treatment facility;<br />
(c) A mental health treatment facility; or<br />
(d) For less than thirty days in a county detention center<br />
is considered to be in foster care.<br />
(2) A youth who is temporarily away from his or her foster<br />
car e placement without permission of the case worker or<br />
care giver, but who is expected to return to foster care within<br />
twenty days, is considered to be in foster care for purposes of<br />
determining initial eligibility.<br />
(3) A youth who is committed to juvenile rehabilitation<br />
administration custody and who resides in a foster home,<br />
group home, or community facility, as defined in RCW<br />
74.15.020 (1)(a).<br />
NEW SECTION<br />
WAC 388-25-0510 When is a youth not "in foster<br />
care"? For the purposes of determining initial eligibility for<br />
the extended foster care program, a youth is not in foster care<br />
if the youth is:<br />
(1) Placed with a parent;<br />
(2) In a dependency guardianship or chapter 13.36<br />
RCW;<br />
(3) Committed to and residing in a juvenile rehabilitation<br />
administration (JRA) institution (as defined in RCW 13.30.-<br />
020(12)) or to the department of corrections; or<br />
(4) Absent from his/her foster care placement without<br />
permission of the case worker or care giver for more than<br />
twenty consecutive days.<br />
NEW SECTION<br />
WAC 388-25-0512 How does a youth demonstrate<br />
enrollment in school? Enrollment in school is shown by<br />
documented registration or acceptance in:<br />
(1) Secondary - a high school, secondary education<br />
equivalency program, or a state accredited on-line or other<br />
approved secondary education program.<br />
(2) Post secondary - post secondary academic or vocational<br />
program.<br />
NEW SECTION<br />
WAC 388-25-0514 How does a youth demonstrate<br />
he/she has applied for and intends to timely enroll in a<br />
post-secondary program? (1) Applied for intends to timely<br />
enroll in a post-secondary program is demonstrated by the<br />
youth:<br />
Washington State Register, Issue 13-03 WSR 13-03-021<br />
(a) Completing and submitting an application to a post<br />
secondary academic or vocational program; or<br />
(b) Providing proof of Free Application for Federal Student<br />
Aid (FAFSA) submission.<br />
(2) Timely enroll means participation in a post secondary<br />
program in the next reasonably available school term.<br />
NEW SECTION<br />
WAC 388-25-0516 What if an eligible youth does not<br />
want to participate in the extended foster care program at<br />
age eighteen? Youth may elect to participate in the extended<br />
foster care program beginning on their eighteenth birthday.<br />
The law recognizes an eligible youth may need time beyond<br />
the eighteenth birthday to consider if they want continued<br />
foster care services. It provides a six-month grace period or<br />
a time for "trial independence", from date of youth's eighteenth<br />
birthday, to give the youth an opportunity to change<br />
their mind.<br />
NEW SECTION<br />
WAC 388-25-0518 What is the trial independence or<br />
grace period? Trial independence is a period of time, up to<br />
six months, during which an eligible youth who did not elect<br />
to participate in extended foster care on their eighteenth<br />
birthday, may change their mind and participate in the program.<br />
During this period, the youth is not in extended foster<br />
care, but dismissal of the dependency action is postponed and<br />
children's administration is relieved of all supervisory and<br />
placement responsibility for the youth. If the youth does not<br />
request to participate in the extended foster care program<br />
within the six-month trial independence period, the dependency<br />
is dismissed and extended foster care is no longer<br />
available to the youth.<br />
NEW SECTION<br />
WAC 388-25-0520 Does an eligible youth who elects<br />
to participate in extended foster care on his or her eighteenth<br />
birthday receive a trial independence period? No,<br />
the trial independency period is only available to eligible<br />
youth who have not yet elected to participate in extended foster<br />
on their eighteenth birthday.<br />
NEW SECTION<br />
WAC 388-25-0522 When does the six-month trial<br />
independence period end? The trial independence period<br />
ends six month after the eligible youth's eighteenth birthday,<br />
or when the youth elects to participate in the extended foster<br />
care program.<br />
NEW SECTION<br />
WAC 388-25-0524 If a youth does not remain<br />
enrolled in school during the trial independence period<br />
may the youth still elect to participate in the program?<br />
Yes, as long as the youth is enrolled (as described in WAC<br />
388-25-0512 and or 388-25-0514) in an applicable education<br />
[ 57 ] <strong>Proposed</strong>
WSR 13-03-021 Washington State Register, Issue 13-03<br />
program at the time the youth elects to participate in extended<br />
foster care.<br />
NEW SECTION<br />
WAC 388-25-0526 Does a youth have to agree to participate<br />
in extended foster care program? Yes, a youth<br />
must agree to participate in extended foster care. A youth<br />
who reaches the age of eighteen years old is not required to<br />
continue to receive foster care services.<br />
NEW SECTION<br />
WAC 388-25-0528 How does a youth agree to participate<br />
in extended foster care program? An eligible dependent<br />
youth can agree to participate by:<br />
(1) Signing an extended foster care agreement; or<br />
(2) For developmentally delayed youth, remaining in the<br />
foster care placement and continuing in an appropriate educational<br />
program.<br />
NEW SECTION<br />
WAC 388-25-0530 Where do youth obtain information<br />
about how to participate in the program Youth can<br />
contact:<br />
(1) Youth's attorney/CASA/GAL.<br />
(2) Youth's social worker.<br />
(3) Local children's administration office.<br />
(4) www.independence.wa.gov.<br />
(5) 1-866-END-HARM.<br />
NEW SECTION<br />
WAC 388-25-0532 Can a youth participating in the<br />
extended foster care program to complete a secondary<br />
education or equivalency program continue to receive<br />
extended foster care services to participate in a post secondary<br />
education program? Yes, if at the time the secondary<br />
program is completed, the youth is enrolled in, or has<br />
applied to, and can demonstrate they intend to timely enroll<br />
in, a post secondary academic or vocational program.<br />
NEW SECTION<br />
WAC 388-25-0534 Is there a trial independence<br />
period for a youth who completes his or her secondary<br />
education program while participating in extended foster<br />
care and before the youth enters a post secondary program?<br />
No, if a youth completes a secondary education program<br />
while in extended foster care, the dependency will be<br />
dismissed and foster care services will end, unless the youth<br />
has enrolled in, or applied to and can demonstrate an intent to<br />
timely enroll in, a post secondary academic or vocational program.<br />
NEW SECTION<br />
WAC 388-25-0536 What are CA's responsibilities to<br />
a youth who is participating in extended foster care? Children's<br />
administration (CA) is required to have placement and<br />
<strong>Proposed</strong> [ 58 ]<br />
care authority over the youth and to provide foster care services,<br />
including transition planning and independent living<br />
services, medical assistance through medicaid, and case management.<br />
Case management includes findings or approving a<br />
foster care placement for the youth, convening family meetings,<br />
developing, revising, and monitoring implementation of<br />
any case plan or individual service and safety plan, coordinating<br />
and monitoring services needed by the youth, caseworker<br />
visits, and court-related duties, including preparing court<br />
reports, attending judicial hearings and permanency hearings,<br />
and ensuring that the youth is progressing toward independence<br />
within state and federal mandates. CA has responsibility<br />
to inform the court of the status of the child (including<br />
health, safety, welfare, education status and continuing eligibility<br />
for extended foster care program).<br />
NEW SECTION<br />
WAC 388-25-0538 What is the CA's responsibility<br />
for the youth during the six-month trial independence<br />
period? Children's administration is relieved of all supervisory<br />
and placement responsibility for the youth during the<br />
trial independence period until the youth elects to participate<br />
in extended foster care or the dependency is dismissed.<br />
NEW SECTION<br />
WAC 388-25-0540 How does CA determine a youth's<br />
continuing eligibility for extended foster care program?<br />
At least every six months, children's administration will<br />
determine if youth continues to:<br />
(1) Agree to participate in the extended foster care program.<br />
(2) Be enrolled in an education program.<br />
(3) Continue to reside in approved placement.<br />
(4) Comply with youth's responsibilities in WAC 388-<br />
25-0546.<br />
NEW SECTION<br />
WAC 388-25-0542 What are the legal rights of a<br />
dependent youth in extended foster care to travel out of<br />
state, buy a car or engage in other activities as an adult?<br />
The youth is a "child" for the purposes of the dependency and<br />
must comply with responsibilities in WAC 388-25-0546, otherwise<br />
the youth has the legal status and legal rights of an<br />
adult. The youth is responsible for their actions, including<br />
responsibility for purchases, driving, traveling or financial<br />
obligations related to the activities they participate in.<br />
NEW SECTION<br />
WAC 388-25-0544 What are the youth's rights in the<br />
extended foster care program? Youth have a right to:<br />
(1) An approved foster care placement.<br />
(2) Foster care services including medical assistance<br />
through medicaid.<br />
(3) Participate in the court process as a party to the case.<br />
(4) Have an attorney appointed for them in dependency<br />
proceedings.<br />
(5) End their participation in the program at any time.
(6) Referrals to community resources as appropriate.<br />
NEW SECTION<br />
WAC 388-25-0546 What must the youth do to<br />
remain in the extended foster care program? Unless otherwise<br />
authorized by court order the youth must:<br />
(1) Agree to participate in the program as expressed in<br />
the written extended foster care agreement;<br />
(2) Maintain standard of eligibility as set by the youth's<br />
academic program;<br />
(3) Participate in the case plan, including monthly health<br />
and safety visits;<br />
(4) Acknowledge that children's administration (CA) has<br />
responsibility for the youth's care and placement by authorizing<br />
CA to have access to records related to court-ordered<br />
medical, mental health, drug/alcohol treatment services, educational<br />
records needed to determine continuing eligibility<br />
for the program, and for additional necessary services; and<br />
(5) Remain in the approved foster care placement and<br />
follow placement rules. This means the youth will:<br />
(a) Stay in placement identified by CA or approved by<br />
the court;<br />
(b) Obtain approval from case worker and notify caregiver<br />
for extended absence from the placement of more than<br />
three days; and<br />
(c) Comply with court orders and any specific rules<br />
developed in collaboration by the youth, caregiver and social<br />
worker.<br />
NEW SECTION<br />
WAC 388-25-0548 When is a youth no longer eligible<br />
for the extended foster care program? A youth is no longer<br />
eligible for the extended foster care program and department<br />
will ask the court to dismiss the dependency when the youth:<br />
(1) Graduates from high school or equivalency program,<br />
and has not enrolled in, or applied for and demonstrated an<br />
intent to timely enroll in a post secondary academic or vocational<br />
program;<br />
(2) Graduates from a post secondary education or vocational<br />
program;<br />
(3) Reaches their twenty-first birthday;<br />
(4) Is no longer participating or enrolled in high school,<br />
equivalency program, post secondary or vocational program;<br />
(5) No longer agrees to participate in foster care services;<br />
(6) Fails or refuses to comply with youth responsibilities<br />
outlined in WAC 388-25-0546; or<br />
(7) Is incarcerated in an adult detention facility on a<br />
criminal conviction.<br />
AMENDATORY SECTION (Amending WSR 06-22-030,<br />
filed 10/25/06, effective 11/25/06)<br />
WAC 388-148-0010 What definitions do I need to<br />
know to understand this chapter? The following definitions<br />
are for the purpose of this chapter and are important to<br />
understand these rules:<br />
"Abuse or neglect" means the injury, sexual abuse, sexual<br />
exploitation, negligent treatment or mistreatment of a<br />
child where the child's health, welfare and safety are harmed.<br />
Washington State Register, Issue 13-03 WSR 13-03-021<br />
"Agency" is defined in RCW 74.15.020(1).<br />
"Assessment" means the appraisal or evaluation of a<br />
child's physical, mental, social and/or emotional condition.<br />
"Capacity" means the maximum number of children<br />
that a home or facility is licensed to care for at a given time.<br />
"Care provider" means any licensed or certified person<br />
or organization or staff member of a licensed organization<br />
that provides twenty-four-hour care for children.<br />
"Case manager" means the private agency employee<br />
who coordinates the planning efforts of all the persons working<br />
on behalf of a child. Case managers are responsible for<br />
implementing the child's case plan, assisting in achieving<br />
those goals, and assisting with day-to-day problem solving.<br />
"Certification" means:<br />
(1) Department approval of a person, home, or facility<br />
that does not legally need to be licensed, but wishes to have<br />
evidence that it meets the minimum licensing requirements;<br />
or<br />
(2) Department licensing of a child-placing agency to<br />
certify that a foster home meets licensing requirements.<br />
"Children" or "youth," for this chapter, means individuals<br />
who are:<br />
(1) Under eighteen years old, including expectant mothers<br />
under eighteen years old; or<br />
(2) Up to twenty-one years of age and pursuing a high<br />
school, equivalent course of study (GED), or vocational program<br />
or post secondary academic or post secondary vocational<br />
program;<br />
(3) Up to twenty-one years of age with developmental<br />
disabilities; or<br />
(4) Up to twenty-one years of age if under the custody of<br />
the Washington state juvenile rehabilitation administration.<br />
"Child-placing agency" means an agency licensed to<br />
place children for temporary care, continued care or adoption.<br />
"Crisis residential center (CRC)" means an agency<br />
under contract with DSHS that provides temporary, protective<br />
care to children in a foster home, regular (semi-secure) or<br />
secure group setting.<br />
"Compliance agreement" means a written licensing<br />
improvement plan to address deficiencies in specific skills,<br />
abilities or other issues of a fully licensed home or facility in<br />
order to maintain and/or increase the safety and well-being of<br />
children in their care.<br />
"DCFS" means the division of children and family services.<br />
"DDD" means division of developmental disabilities.<br />
"Department" means the department of social and<br />
health services (DSHS).<br />
"Developmental disability" is a disability as defined in<br />
RCW 71A.10.020.<br />
"DLR" means the division of licensed resources.<br />
"Firearms" means guns or weapons, including but not<br />
limited to the following: BB guns, pellet guns, air rifles, stun<br />
guns, antique guns, bows and arrows, handguns, rifles, and<br />
shotguns.<br />
"Foster-adopt" means placement of a child with a foster<br />
parent(s) who intends to adopt the child, if possible.<br />
[ 59 ] <strong>Proposed</strong>
WSR 13-03-021 Washington State Register, Issue 13-03<br />
"Foster home or foster family home" means person(s)<br />
licensed to regularly provide care on a twenty-four-hour basis<br />
to one or more children in the person's home.<br />
"Full licensure" means an entity meets the requirements<br />
established by the state for licensing or approved as<br />
meeting state minimum licensing requirements.<br />
"Group care facility for children" means a location<br />
maintained and operated for a group of children on a twentyfour-hour<br />
basis.<br />
"Group receiving center" or "GRC" means a facility<br />
providing the basic needs of food, shelter, and supervision for<br />
more than six children placed by the department, generally<br />
for thirty or fewer days. A group receiving center is considered<br />
a group care program and must comply with the group<br />
care facility licensing requirements.<br />
"Hearing" means the administrative review process.<br />
"I" refers to anyone who operates or owns a foster<br />
home, staffed residential home, and group facilities, including<br />
group homes, child-placing agencies, maternity homes,<br />
day treatment centers, and crisis residential centers.<br />
"Infant" means a child under one year of age.<br />
"License" means a permit issued by the department<br />
affirming that a home or facility meets the minimum licensing<br />
requirements.<br />
"Licensor" means:<br />
(1) A division of licensed resources (DLR) employee at<br />
DSHS who:<br />
(a) Approves licenses or certifications for foster homes,<br />
group facilities, and child-placing agencies; and<br />
(b) Monitors homes and facilities to ensure that they continue<br />
to meet minimum health and safety requirements.<br />
(2) An employee of a child-placing agency who:<br />
(a) Attests that foster homes supervised by the childplacing<br />
agency meets licensing requirements; and<br />
(b) Monitors those foster homes to ensure they continue<br />
to meet the minimum licensing standards.<br />
"Maternity service" as defined in RCW 74.15.020.<br />
"Medically fragile" means the condition of a child who<br />
has a chronic illness or severe medical disabilities requiring<br />
regular nursing visits, extraordinary medical monitoring, or<br />
on-going (other than routine) physician's care.<br />
"Missing child" means:<br />
(1) Any child up to eighteen years of age for whom Children's<br />
Administration (CA) has custody and control (not<br />
including children in dependency guardianship) and:<br />
(a) The child's whereabouts are unknown; and/or<br />
(b) The child has left care without the permission of the<br />
child's caregiver or CA.<br />
(2) Children who are missing are categorized under one<br />
of the following definitions:<br />
(a) "Taken from placement" means that a child's<br />
whereabouts are unknown, and it is believed that the child is<br />
being or has been concealed, detained or removed by another<br />
person from a court-ordered placement and the removal, concealment<br />
or detainment is in violation of the court order;<br />
(b) "Absence not authorized, whereabouts unknown"<br />
means the child is not believed to have been taken from<br />
placement, did not have permission to leave the placement,<br />
and there has been no contact with the child and the whereabouts<br />
of the child is unknown; or<br />
<strong>Proposed</strong> [ 60 ]<br />
(c) "Absence not authorized, whereabouts known"<br />
means that a child has left his or her placement without permission<br />
and the social worker has some contact with the child<br />
or may periodically have information as to the whereabouts<br />
of the child.<br />
"Multidisciplinary teams (MDT)" means groups<br />
formed to assist children who are considered at-risk youth or<br />
children in need of services, and their parents.<br />
"Nonambulatory" means not able to walk or traverse a<br />
normal path to safety without the physical assistance of<br />
another individual.<br />
"Out-of-home placement" means a child's placement<br />
in a home or facility other than the child's parent, guardian, or<br />
legal custodian.<br />
"Premises" means a facility's buildings and adjoining<br />
grounds that are managed by a person or agency in charge.<br />
"Probationary license" means a license issued as part<br />
of a disciplinary action to an individual or agency that has<br />
previously been issued a full license but is out of compliance<br />
with minimum licensing requirements and has entered into an<br />
agreement aimed at correcting deficiencies to minimum<br />
licensing requirements.<br />
"Psychotropic medication" means a type of medicine<br />
that is prescribed to affect or alter thought processes, mood,<br />
sleep, or behavior. These include anti-psychotic, antidepressants<br />
and anti-anxiety medications.<br />
"Relative" means a person who is related to the child as<br />
defined in RCW 74.15.020 (4)(a)(i), (ii), (iii), and (iv) only.<br />
"Respite" means brief, temporary relief care provided<br />
to a child and his or her parents, legal guardians, or foster parents<br />
with the respite provider fulfilling some or all of the<br />
functions of the care-taking responsibilities of the parent,<br />
legal guardian, or foster parent.<br />
"Secure facilities" means a crisis residential center that<br />
has locking doors and windows, or secured perimeters<br />
intended to prevent children from leaving without permission.<br />
"Service plan" means a description of the services to be<br />
provided or performed and who has responsibility to provide<br />
or perform the activities for a child or child's family.<br />
"Severe developmental disabilities" means significant<br />
disabling, physical and/or mental condition(s) that cause a<br />
child to need external support for self-direction, self-support<br />
and social participation.<br />
"Social service staff" means a clinician, program manager,<br />
case manager, consultant, or other staff person who is<br />
an employee of the agency or hired to develop and implement<br />
the child's individual service and treatment plans.<br />
"Staffed residential home" means a licensed home<br />
providing twenty-four-hour care for six or fewer children or<br />
expectant mothers. The home may employ staff to care for<br />
children or expectant mothers. It may or may not be a family<br />
residence.<br />
"Standard precautions" is a term relating to procedures<br />
designed to prevent transmission of bloodborne pathogens<br />
in health care and other settings. Under standard precautions,<br />
blood or other potentially infectious materials of all<br />
people should always be considered potentially infectious for<br />
HIV and other pathogens. Individuals should take appropri-
ate precautions using personal protective equipment like<br />
gloves to prevent contact with blood or other bodily fluids.<br />
"Washington state patrol fire protection bureau" or<br />
"WSP/FPB" means the state fire marshal.<br />
"We" or "our" refers to the department of social and<br />
health services, including DLR licensors and DCFS social<br />
workers.<br />
"You" refers to anyone who operates a foster home,<br />
staffed residential home, and group facilities, including group<br />
homes, maternity programs, day treatment programs, crisis<br />
residential centers, group receiving centers, and child-placing<br />
agencies.<br />
WSR 13-03-040<br />
PROPOSED RULES<br />
LIQUOR CONTROL BOARD<br />
[Filed January 9, 2013, 10:39 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
22-030.<br />
Title of Rule and Other Identifying Information: WAC<br />
314-16-230 Authorization for sale of beer and/or wine in<br />
unopened bottles for off-premises consumption under special<br />
occasion license.<br />
Hearing Location(s): Washington State Liquor Control<br />
Board, Board Room, 3000 Pacific Avenue S.E., Lacey, WA<br />
98504, on February 27, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: March 6, 2013.<br />
Submit Written Comments to: Karen McCall, P.O. Box<br />
43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov,<br />
fax (360)664-9689, by February 26, 2013.<br />
Assistance for Persons with Disabilities: Contact Karen<br />
McCall by February 26, 2013, (360) 664-1631.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The current rule<br />
allows a special occasion licensee to sell a maximum of<br />
twelve liters of beer and/or wine in original bottle for offpremises<br />
consumption to any one person. Special occasion<br />
licenses are held by nonprofit organizations for fundraisers.<br />
The restriction of twelve liters of beer and/or wine for offpremises<br />
consumption limits the fundraising ability of these<br />
nonprofit organizations.<br />
Reasons Supporting Proposal: The Washington Wine<br />
Industry (WWI) petitioned the board for rule making to<br />
remove the limit of twelve liter[s] of beer and/or wine for offpremises<br />
consumption to any one person at a special occasion<br />
licensed event. This change does not create a public safety<br />
concern.<br />
Statutory Authority for Adoption: RCW 66.08.030.<br />
Statute Being Implemented: RCW 66.24.380.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Washington state liquor control<br />
board, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1631; Implementation:<br />
Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E.,<br />
Washington State Register, Issue 13-03 WSR 13-03-041<br />
Olympia, WA 98504, (360) 664-1615; Enforcement: Justin<br />
Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1726.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. A fiscal impact statement<br />
was not required.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. A cost-benefit analysis is not required.<br />
January 9, 2013<br />
Sharon Foster<br />
Chairman<br />
AMENDATORY SECTION (Amending WSR 98-18-097,<br />
filed 9/2/98, effective 10/3/98)<br />
WAC 314-16-230 Authorization for sale of beer<br />
and/or wine in unopened bottles for off-premises consumption<br />
under special occasion license. (((1))) Authorization<br />
for the sale of unopened bottles and original packages of<br />
beer and/or wine not to be consumed on the premises where<br />
sold, as authorized by RCW 66.24.380, must be applied for to<br />
the board at the time the society or organization makes application<br />
for the special occasion license, and the board's written<br />
approval is required before any such sales are made.<br />
(((2) Board approval for the sales authorized in subsection<br />
(1) of this section shall be granted by the board upon the<br />
condition that no more than twelve liters of beer and/or wine<br />
may be sold to any one purchaser under a single special occasion<br />
license.))<br />
WSR 13-03-041<br />
PROPOSED RULES<br />
OFFICE OF<br />
INSURANCE COMMISSIONER<br />
[Insurance Commissioner Matter No. R 2012-17—Filed January 9, 2013,<br />
11:33 a.m.]<br />
Supplemental Notice to WSR 12-21-136.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
12-064.<br />
Title of Rule and Other Identifying Information: Essential<br />
health benefits designation, supplementation and establishment<br />
of scope and limitation requirements.<br />
Hearing Location(s): Training Room, T-120, 5000 Capitol<br />
Way South, Tumwater, WA, on February 26, 2012, at<br />
10:00 a.m.<br />
Date of Intended Adoption: February 28, 2013.<br />
Submit Written Comments to: Meg L. Jones, P.O. Box<br />
40258, Olympia, WA 98504, e-mail rulescoordinator@oic.<br />
wa.gov, fax (360) 586-3109, by February 25, 2013.<br />
Assistance for Persons with Disabilities: Contact Lorie<br />
Villaflores by February 24, 2013, TTY (360) 586-0241 or<br />
(360) 725-7087.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The proposed<br />
rules will establish new sections explaining the requirements<br />
associated with carrier inclusion of the essential health bene-<br />
[ 61 ] <strong>Proposed</strong>
WSR 13-03-041 Washington State Register, Issue 13-03<br />
fits package in nongrandfathered individual and small group<br />
plans for plans with coverage beginning January 1, 2014.<br />
Reasons Supporting Proposal: RCW 48.43.715 directs<br />
the commissioner to designate by rule the small group plan<br />
with the largest enrollment as the benchmark plan for purposes<br />
of defining the essential health benefits package for<br />
nongrandfathered individual and small group health benefit<br />
plans issued on or after January 1, 2014. The same legislation<br />
requires supplementation, and adjustment or establishment<br />
of scope and limitation requirements by the commissioner<br />
in order to ensure meaningful benefits and prevent bias<br />
based on health selection. Carriers require specific guidance<br />
in order to prepare plan filings for the commissioner's review<br />
prior to health benefit exchange deadlines, and to ensure time<br />
to satisfy plan replacement requirements.<br />
Statutory Authority for Adoption: RCW 48.02.060,<br />
48.21.241, 48.21.320, 48.44.460,48.44.341, 48.46.291,<br />
48.46.530, 48.43.715.<br />
Statute Being Implemented: RCW 48.43.715.<br />
Rule is necessary because of federal law, P.L. 111-148,<br />
sec. 1302 (2010).<br />
Name of Proponent: Office of the insurance commissioner,<br />
governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Meg Jones, P.O. Box 40258, Olympia, WA 98504, (360)<br />
725-7170; Implementation: Beth Berendt, P.O. Box 40258,<br />
Olympia, WA 98504, (360) 725-7117; and Enforcement:<br />
Carol Sureau, P.O. Box 40258, Olympia, WA 98504, (360)<br />
725-7050.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. The entities that must<br />
comply with the proposed rule are not small businesses, pursuant<br />
to chapter 19.85 RCW.<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
contacting Meg Jones, P.O. Box 40258, Olympia, WA<br />
98504, phone (360) 725-7170, fax (360) 586-3109, e-mail<br />
rulescoordinator@oic.wa.gov.<br />
January 9, 2013<br />
Mike Kreidler<br />
Insurance Commissioner<br />
NEW SECTION<br />
WAC 284-43-849 Purpose and scope For plan years<br />
beginning on or after January 1, 2014, each nongrandfathered<br />
health benefit plan offered, issued, amended or renewed to<br />
small employers or individuals, both inside and outside the<br />
Washington health benefit exchange, must provide coverage<br />
for a package of essential health benefits, pursuant to RCW<br />
48.43.715. This subchapter explains the regulatory standards<br />
related to this coverage, establishes supplementation of the<br />
base-benchmark plan, consistent with PPACA and RCW<br />
48.43.715, and the final parameters for the state EHB-benchmark<br />
plan.<br />
(1) This subchapter does not apply to a health benefit<br />
plan that provides excepted benefits as described in Section<br />
2722 of the federal Public Health Service Act (42 U.S.C. Sec.<br />
300gg-21), or a health benefit plan that qualifies as a grandfathered<br />
health plan as defined in RCW 48.43.005.<br />
<strong>Proposed</strong> [ 62 ]<br />
(2) This subchapter does not require provider reimbursement<br />
at the same level negotiated by the base-benchmark<br />
plan's issuer for their plan.<br />
(3) This subchapter does not require a plan to exclude the<br />
services or treatments from coverage that are excluded in the<br />
base-benchmark plan.<br />
NEW SECTION<br />
WAC 284-43-852 Definitions The following definitions<br />
apply to this subchapter unless the context indicates<br />
otherwise.<br />
"Base-benchmark plan" means the small group plan with<br />
the largest enrollment, as designated in WAC 284-43-850(1),<br />
prior to any adjustments made pursuant to RCW 48.43.715.<br />
"EHB-benchmark plan" means the standardized set of<br />
essential health benefits that must be met by a qualified<br />
health plan offered through the health benefit exchange or by<br />
an issuer in the individual or small group market in Washington<br />
state.<br />
"Health benefit" unless defined differently pursuant to<br />
federal rules, regulations or guidance issued pursuant to Section<br />
1302(b) of PPACA, means coverage for health care<br />
items or services for injury, disease, or a health condition,<br />
including a behavioral health condition.<br />
"Individual plan" includes any nongrandfathered health<br />
benefit plan offered, issued, amended or renewed by an<br />
admitted issuer in the state of Washington for the individual<br />
health benefit plan market, unless the certificate of coverage<br />
is issued to an individual pursuant to or issued through an<br />
organization meeting the definition established in 45 CFR<br />
144.103, and sections 3(5) and 3(40) of the Employee Retirement<br />
Income Security Act of 1974 (29 USC 1001 et seq.)<br />
"Mandated benefit" and "required benefit" means a specific<br />
type of care, treatment or service, device or medical<br />
equipment that is required by either state or federal law.<br />
Required benefits do not include provider, definition, delivery<br />
method or health status based requirements.<br />
"Meaningful health benefit" means a benefit that must be<br />
included in an essential health benefit category in order for<br />
the category to reasonably provide medically necessary services<br />
for an individual patient's condition on a non-discriminatory<br />
basis.<br />
"Medical necessity determination process" means the<br />
process used by an issuer to make a coverage determination<br />
about whether a medical item or service is medically necessary<br />
for an individual patient's circumstances.<br />
"PPACA" means the federal Patient Protection and<br />
Affordable Care Act (Public Law 111-148), as amended by<br />
the federal Health Care and Education Reconciliation Act of<br />
2010 (Public Law 111-152), and any rules, regulations, or<br />
guidance issued thereunder.<br />
"Scope and limitation requirements" means any requirement<br />
applicable to a benefit that limit its duration, the number<br />
of times coverage is available for the benefit, or imposes a<br />
legally permitted eligibility limitation on a specific benefit.<br />
"Small group plan" includes any nongrandfathered<br />
health benefit plan offered, issued, amended or renewed by<br />
an admitted issuer in the state of Washington for the small<br />
group health benefit plan market to a small group, as defined
in RCW 48.43.005, unless the certificate of coverage is<br />
issued to a small group pursuant to a master contract held by<br />
or issued through an organization meeting the definition<br />
established in 45 CFR 144.103, and sections 3(5) and 3(40)<br />
of the Employee Retirement Income Security Act of 1974 (29<br />
USC 1001 et seq.).<br />
"Stand-alone dental plan" means coverage for a set of<br />
benefits limited to oral care including, but not necessarily<br />
limited to, pediatric oral care, as referenced in RCW 43.71.-<br />
065.<br />
NEW SECTION<br />
WAC 284-43-860 Medical necessity determination<br />
(1) An issuer's certificate of coverage and the Summary of<br />
Coverage and Explanation of Benefits for the health plan<br />
must specifically explain any uniformly applied limitation on<br />
the scope, visit number or duration of a benefit, and state<br />
whether the uniform limitation is subject to adjustment based<br />
on the specific treatment requirements of the patient.<br />
(2) An issuer's medical necessity determination process<br />
must:<br />
(a) Be clearly explained in the certificate of coverage,<br />
plan document, or contract for health benefit coverage;<br />
(b) Be conducted fairly, and with transparency to enrollees<br />
and providers, at a minimum when an enrollee or their<br />
representative appeals or seeks review of an adverse benefit<br />
determination;<br />
(c) Include consideration of services that are a logical<br />
next step in reasonable care if they are appropriate for the<br />
patient, even if the service has not been the subject of clinical<br />
studies. Medical necessity determination processes must<br />
explicitly address the information needed in the decision<br />
making process and incorporate appropriate outcomes within<br />
a developmental framework;<br />
(d) Ensure that when the interpretation of the medical<br />
purpose of interventions is part of the medical necessity decision-making,<br />
the interpretation standard can be explained in<br />
writing to an enrollee and providers, and is broad enough to<br />
address any of the services encompassed in the ten essential<br />
health benefits categories of care. The process or decision<br />
must refer to specific standards;<br />
(e) Comply with inclusion of the ten essential health benefits<br />
categories, and prohibitions against discrimination<br />
based on age, disability, and expected length of life;<br />
(f) Include consideration of the treating provider's clinical<br />
judgment and recommendations regarding the medical<br />
purpose of the requested service, and the extent to which the<br />
service is likely to produce incremental health benefits for the<br />
enrollee;<br />
(g) Identify who will participate in the decision making<br />
process; and<br />
(h) Support flexibility in the sites of service delivery.<br />
(3) An issuer's medical necessity determination process<br />
may include, but is not limited to, evaluation of the effectiveness<br />
and benefit of a service for the individual patient based<br />
on scientific evidence considerations, up-to-date and consistent<br />
professional standards of care, convincing expert opinion<br />
and a comparison to alternative interventions, including no<br />
Washington State Register, Issue 13-03 WSR 13-03-041<br />
interventions. Cost effectiveness may be criteria for determining<br />
medical necessity if it is not limited to lowest price.<br />
(4) Medical necessity criteria for medical/surgical benefits<br />
and mental health/substance use disorder benefits or for<br />
other essential health benefit categories must be furnished to<br />
an enrollee or provider within thirty days of a request to do<br />
so.<br />
NEW SECTION<br />
WAC 284-43-877 Plan design (1) A nongrandfathered<br />
individual or small group health benefit plan issued, renewed,<br />
amended, or offered on or after January 1, 2014, must provide<br />
coverage that is substantially equal to the EHB benchmark<br />
package, as described in WACs 284-43-878 and 284-<br />
43-879.<br />
(a) For plans offered, issued, amended or renewed for a<br />
plan or policy year beginning on or after January 1, 2014,<br />
until January 31, 2014, an issuer must offer the EHB-benchmark<br />
plan without substituting benefits for those specifically<br />
identified in the EHB-benchmark plan.<br />
(b) For plan or policy years beginning on or after January<br />
1, 2015, an issuer may substitute benefits to the extent that<br />
the benefits are substantially equal to the EHB-benchmark<br />
plan.<br />
(c) For the purposes of this section "substantially equal"<br />
means that:<br />
(i) The scope and level of benefits offered within each<br />
essential health benefit category is meaningful;<br />
(ii) The aggregate value of the benefits across all essential<br />
health benefit categories does not vary more than a de<br />
minimus aggregate value of the EHB=benchmark base plan;<br />
and<br />
(iii) Within each essential health benefit category, the<br />
actuarial value of the category must not vary more than a de<br />
minimus amount from the actuarial value of the category for<br />
the EHB-benchmark plan.<br />
(2) A carrier must classify covered services to an essential<br />
health benefits category consistent with WAC 284-43-<br />
878 and WAC 284-43-879 for purposes of determining actuarial<br />
value. An issuer may not use classification of services<br />
to an essential health benefits category for purposes of determining<br />
actuarial value as the basis for denying coverage<br />
under a health benefit plan.<br />
(3) The base-benchmark plan does not specifically list all<br />
types of services, settings and supplies that can be classified<br />
to each essential health benefits category. Coverage for benefits<br />
that are not specifically listed in the base-benchmark<br />
plan document is determined under that plan based on medical<br />
necessity. For this reason, the plan document does not list<br />
each and every service, supply or covered benefit. An issuer<br />
may design its plan in this way and comply with the EHBbenchmark<br />
plan package requirements if each of the essential<br />
health benefit package categories is covered.<br />
(4) An issuer is not required to exclude services excluded<br />
by the base-benchmark plan, but must not include those services<br />
as part of its calculation of actuarial value for a category<br />
to which those services are classified. A plan may not<br />
exclude a benefit that is specifically included in the basebenchmark<br />
plan.<br />
[ 63 ] <strong>Proposed</strong>
WSR 13-03-041 Washington State Register, Issue 13-03<br />
(5) An issuer must not apply visit limitations or limit the<br />
scope of the benefit category based on the type of provider<br />
delivering the service, other than requiring that the service<br />
must be within the provider's scope of license for purposes of<br />
coverage. This obligation does not require an issuer to contract<br />
with any willing provider, nor is an issuer restricted<br />
from establishing reasonable requirements for credentialing<br />
of and access to providers within its network.<br />
(6) Telemedicine or telehealth services are considered<br />
provider services, and not a benefit for purposes of the essential<br />
health benefits package.<br />
(7) Consistent with state and federal law, a health benefit<br />
plan must not contain an exclusion that unreasonably restricts<br />
access to medically necessary services for populations with<br />
special needs, including but not limited to a chronic condition<br />
caused by illness or injury, either acquired or congenital.<br />
(8) Unless an age based reference limitation is specifically<br />
included in the base-benchmark plan or supplemental<br />
base-benchmark plan for a category set forth in WAC 284-<br />
43-878, a carrier's scope of coverage for those categories of<br />
benefits must cover both pediatric and adult populations.<br />
(9) A health benefit plan may not be offered if the commissioner<br />
determines that:<br />
(a) It creates a risk of biased selection based on health<br />
status;<br />
(b) The benefits within an essential health benefit category<br />
are limited so that the coverage for the category is not a<br />
meaningful benefit; or<br />
(c) The benefit violates the antidiscrimination requirements<br />
of PPACA, section 511 of Public Law 110-343 (the<br />
federal Mental Health Parity and Addiction Equity Act of<br />
2008).<br />
(10) An issuer must not impose annual or lifetime dollar<br />
limits on an essential health benefit, other than those permitted<br />
as reference based limitations pursuant to WAC 284-43-<br />
878 and 284-43-879.<br />
Reviser's note: The typographical error in the above section occurred<br />
in the copy filed by the agency and appears in the Register pursuant to the<br />
requirements of RCW 34.08.040.<br />
NEW SECTION<br />
WAC 284-43-878 Essential health benefit package<br />
categories (1) A health benefit plan must cover "ambulatory<br />
patient services." For purposes of determining a plan's<br />
actuarial value, an issuer must classify medically necessary<br />
services delivered to enrollees in settings other than a hospital<br />
or skilled nursing facility, which are generally recognized<br />
and accepted for diagnostic or therapeutic purposes to treat<br />
illness or injury, in a substantially equivalent manner to the<br />
base-benchmark plan as ambulatory patient services.<br />
(a) A health benefit plan must include the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as ambulatory patient services:<br />
(i) Home and out-patient dialysis services;<br />
(ii) Hospice and Home health care, including skilled<br />
nursing care as an alternative to hospitalization, consistent<br />
with WAC 284-44-500, 284-46-500, and 284-96-500;<br />
(iii) Provider office visits and treatments, and associated<br />
supplies and services, including therapeutic injections and<br />
related supplies;<br />
<strong>Proposed</strong> [ 64 ]<br />
(iv) Urgent care center visits, including provider services,<br />
facility costs and supplies; and<br />
(v) Ambulatory surgical center professional services,<br />
including anesthesiologist, assistant surgeon and surgeon services,<br />
surgical supplies and facility costs;<br />
(vi) Diagnostic procedures including colonoscopies, cardiovascular<br />
testing, pulmonary function studies and neurology/neuromuscular<br />
procedures;<br />
(vii) Provider contraceptive services and supplies,<br />
including but not limited to vasectomy, tubal ligation and<br />
insertion of IUD or Norplant, or extraction of FDA-approved<br />
contraceptive devices.<br />
(b) A health benefit plan may include, but is not required<br />
to include the following services as part of the EHB-benchmark<br />
package. These services are specifically excluded by<br />
the base-benchmark plan, and should not be included in<br />
establishing actuarial value for this category.<br />
(i) Infertility treatment and reversal of voluntary sterilization<br />
(ii) Routine foot care for those that are not diabetic<br />
(iii) Coverage of dental services following injury to<br />
sound natural teeth, but not excluding services or appliances<br />
necessary for or resulting from medical treatment if the service<br />
is (a) emergency in nature or (b)requires extraction of<br />
teeth to prepare the jaw for radiation treatments of neoplastic<br />
disease. Oral surgery related to trauma and injury must be<br />
covered.<br />
(iv) Private duty nursing for hospice care and home<br />
health care, to the extent consistent with state and federal<br />
law;<br />
(v) Adult dental care and orthodontia delivered by a dentist<br />
or in a dentist's office;<br />
(vi) Non-skilled care and help with activities of daily living;<br />
(vii) Hearing care, routine hearing examinations, programs<br />
or treatment for hearing loss including but not limited<br />
to externally worn or surgically implanted hearing aids, and<br />
the surgery and services necessary to implant them, other<br />
than for cochlear implants, which are covered, and for hearing<br />
screening tests required under the preventive services category;<br />
(viii) Obesity or weight reduction or control other than<br />
covered nutritional counseling.<br />
(c) The base-benchmark base plan's establishes specific<br />
limitations on services classified to the ambulatory patient<br />
services category that conflict with state or federal law as of<br />
January 1, 2014. The base-benchmark plan limits nutritional<br />
counseling to three visits per lifetime, if the benefit is not<br />
associated with diabetes management. This lifetime limitation<br />
for nutritional counseling is not part of the state EHBbenchmark<br />
plan. An issuer may limit this service based on<br />
medical necessity, and may establish an additional reasonable<br />
visit limitation requirement for nutritional counseling for<br />
medical conditions when supported by evidence based medical<br />
criteria.<br />
(d) The benchmark base plan's visit limitations on services<br />
in this category include:<br />
(i) 10 spinal manipulation services per calendar year<br />
(ii) 12 acupuncture services per calendar year
(iii) 1 vision examination for adults per calendar year,<br />
with $150 per year for hardware, including frames, contacts,<br />
lenses and tints<br />
(iv) 14 days respite care on either an inpatient or outpatient<br />
basis for hospice patients, per lifetime.<br />
(v) 130 visits per year for home health care;<br />
(e) State benefit requirements classified to this category<br />
are:<br />
(i) TMJ disorder treatment (RCW 48.21.320; 48.44.460,<br />
and 48.46.530);<br />
(ii) Diabetes-related care, exclusive of those supplies or<br />
prescribed drugs, medications and therapies covered under<br />
other categories (RCW 48.20.391; 48.21.143; 48.44.315;<br />
48.46.272).<br />
(2) A health benefit plan must cover "emergency medical<br />
services." For purposes of determining a plan's actuarial<br />
value, an issuer must classify care and services related to an<br />
emergency medical condition to the emergency medical services<br />
category.<br />
(a) A health benefit plan must include the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as emergency services:<br />
(i) Transportation to an emergency room, and treatment<br />
provided as part of the ambulance service;<br />
(ii) Emergency room based services, supplies and treatment,<br />
including professional charges, and outpatient charges<br />
for patient observation and medical screening exams required<br />
to stabilize a patient experiencing an emergency medical condition;<br />
(iii) Prescription medications associated with an emergency<br />
medical condition, including those purchased in a foreign<br />
country.<br />
(b) The base-benchmark plan does not exclude services<br />
classified to the emergency medical care category.<br />
(c) The base-benchmark base plan does not establish<br />
specific limitations on services classified to the emergency<br />
medical services category that conflict with state or federal<br />
law as of January 1, 2014.<br />
(d) The base-benchmark plan does not establish visit<br />
limitations on services in this category.<br />
(e) State benefit requirements covered under this category<br />
include services necessary to screen and stabilize a covered<br />
person (RCW 48.43.093).<br />
(3) A health benefit plan must cover "hospitalization"<br />
For purposes of determining a plan's actuarial value, an issuer<br />
must classify medically necessary medical services delivered<br />
in a hospital or skilled nursing setting, including but not limited<br />
to professional services, facility fees, supplies, laboratory,<br />
therapy or other types of services delivered on an inpatient<br />
basis, in a manner substantially equivalent to the basebenchmark<br />
plan as hospitalization services.<br />
(a) A health benefit plan must include the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as hospitalization services:<br />
(i) Hospital visits, provider and staff services and treatments<br />
delivered during an inpatient hospital stay, including<br />
inpatient pharmacy services;<br />
(ii) Skilled nursing facility costs, including professional<br />
services and pharmacy services and prescriptions filled in the<br />
skilled nursing facility pharmacy;<br />
Washington State Register, Issue 13-03 WSR 13-03-041<br />
(iii) Transplant services for donors and recipients,<br />
including the transplant facility fees performed in either a<br />
hospital setting or outpatient setting;<br />
(iv) Dialysis services delivered in a hospital;<br />
(v) Artificial organ transplants based on an issuer's medical<br />
guidelines and manufacturer recommendation;<br />
(vi) Respite care services delivered on an inpatient basis<br />
in a hospital or skilled nursing facility.<br />
(b) A health benefit plan may, but is not required to,<br />
include the following services as part of the EHB-benchmark<br />
package. These services are specifically excluded by the<br />
base-benchmark plan, and should not be included in establishing<br />
actuarial value<br />
(i) Hospitalization where mental illness is the primary<br />
diagnosis to the extent that it is classified under the mental<br />
health and substance use disorder benefits category;<br />
(ii) Cosmetic or reconstructive services and supplies<br />
except in the treatment of a congenital anomaly, to restore a<br />
physical bodily function lost as a result of injury or illness, or<br />
related to breast reconstruction following a medically necessary<br />
mastectomy;<br />
(iii) Bariatric surgery and supplies, Orthognathic surgery<br />
and supplies unless due to Temporomandibular joint disorder<br />
or injury, sleep apnea or congenital anomaly, and Sexual<br />
reassignment treatment and surgery;<br />
(iv) Reversal of sterilizations;<br />
(v) Surgical procedures to correct refractive errors/astigmatism<br />
or reversals or revisions of surgical procedures which<br />
alter the refractive character of the eye.<br />
(c) The base-benchmark plan establishes specific limitations<br />
on services classified to the hospitalization services category<br />
that conflict with state or federal law as of January 1,<br />
2014. The state EHB-benchmark plan requirements for these<br />
services are:<br />
(i) The transplant waiting period must not be longer than<br />
ninety days, inclusive of prior creditable coverage, if an<br />
issuer elects to apply a limitation to the benefit.<br />
(ii) Where transplant benefit services are delivered in a<br />
non-hospital setting, the same waiting period limitation may<br />
be applied.<br />
(d) The benchmark base plan's visit limitations on services<br />
in this category include:<br />
(i) 60 inpatient days per calendar year for illness, injury<br />
or physical disability in a skilled nursing facility;<br />
(ii) 30 inpatient rehabilitation service days per year. This<br />
benefit may be classified to this category for determining<br />
actuarial value or to the rehabilitation services category, but<br />
not to both.<br />
(e) State benefit requirements covered under this category<br />
are:<br />
(i) General anesthesia and facility charges for dental procedures<br />
for those who would be at risk if the service were performed<br />
elsewhere and without anesthesia (RCW 48.43.185);<br />
(ii) Reconstructive breast surgery resulting from a mastectomy<br />
that resulted from disease, illness or injury (RCW<br />
48.20.395, 48.21.230, 48.44.330, and 48.46.280,);<br />
(iii) Coverage for Temporomandibular joint disorder<br />
(RCW 48.21.320; 48.44.460, 48.46.530);<br />
(iv) Coverage at a long-term care facility following hospitalization<br />
(RCW 48.43.125).<br />
[ 65 ] <strong>Proposed</strong>
WSR 13-03-041 Washington State Register, Issue 13-03<br />
(4) A health benefit plan must cover "maternity and<br />
newborn" services. For purposes of determining a plan's<br />
actuarial value, an issuer must classify medically necessary<br />
care and services delivered to women during pregnancy and<br />
in relation to delivery and recovery from delivery, and to<br />
newborn children, in a manner substantially equivalent to the<br />
benchmark base plan to the maternity and newborn services<br />
category.<br />
(a) A health benefit plan must cover the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as maternity and newborn services:<br />
(i) In utero treatment for the fetus;<br />
(ii) Vaginal or cesarean childbirth delivery in a hospital<br />
or birthing center, including facility fees;<br />
(iii) Nursery services and supplies for newborns, including<br />
newly adopted children;<br />
(iv) Infertility diagnosis;<br />
(v) Prenatal and postnatal care and services, including<br />
screening;<br />
(vi) Complications of pregnancy such as but not limited<br />
to fetal distress, gestational diabetes and toxemia; and<br />
(vii) Termination of pregnancy.<br />
(b) A health benefit plan may include, but is not required<br />
to include the following service as part of the EHB-benchmark<br />
package. This service is specifically excluded by the<br />
base-benchmark plan, and should not be included in establishing<br />
actuarial: Genetic testing of the child's father.<br />
(c) The base-benchmark plan establishes specific limitations<br />
on services classified to the maternity and newborn category<br />
that conflict with state or federal law as of January 1,<br />
2014. The state EHB-benchmark plan requirements for these<br />
services are:<br />
(i) Maternity coverage for dependent daughters must be<br />
included in the base-benchmark plan on the same basis that<br />
coverage is included for other enrollees.<br />
(ii) Newborns delivered of dependent daughters must be<br />
covered to the same extent, and on the same basis, as newborns<br />
delivered to the other enrollees under the plan.<br />
(d) The benchmark base plan's limitations on services in<br />
this category include covering home birth by a midwife or<br />
nurse midwife only for low risk pregnancy.<br />
(e) State benefit requirements covered under this category<br />
include:<br />
(i) Maternity services that include diagnosis of pregnancy,<br />
prenatal care, delivery, care for complications of pregnancy,<br />
physician services, and hospital services (RCW<br />
48.43.041);<br />
(ii) Newborn coverage that is not less than the coverage<br />
for the mother, for no less than three weeks (RCW 48.43.-<br />
115);<br />
(iii) Prenatal diagnosis of congenital disorders by screening/diagnostic<br />
procedures if medically necessary (RCW<br />
48.20.430, 48.21.244, 48.44.344, and 48.46.375).<br />
(5) A health benefit plan must cover "mental health<br />
and substance use disorder services, including behavioral<br />
health treatment." For purposes of determining a plan's<br />
actuarial value, an issuer must classify medically necessary<br />
care, treatment and services for mental health conditions and<br />
substance use disorders categorized in the most recent version<br />
of the Diagnostic and Statistical Manual of Mental Dis-<br />
<strong>Proposed</strong> [ 66 ]<br />
orders, including behavioral health treatment for those conditions,<br />
in a manner substantially equivalent to the base-benchmark<br />
plan, as mental health and substance use disorder<br />
services, including behavioral health treatment.<br />
(a) A health benefit plan must include the following services,<br />
when medically necessary, which are specifically covered<br />
by the base-benchmark plan, and classify them as mental<br />
health and substance use disorder services, including behavioral<br />
health treatment:<br />
(i) In-patient, residential and outpatient mental health<br />
and substance use disorder treatment, including partial hospital<br />
programs or inpatient services;<br />
(ii) Chemical dependency detoxification;<br />
(iii) Behavioral treatment for a DSM category diagnosis;<br />
(iv) Services provided by a licensed behavioral health<br />
provider for a covered diagnosis in a skilled nursing facility;<br />
(v) Prescription medication prescribed during an inpatient<br />
and residential course of treatment.<br />
(vi) Unlimited acupuncture treatment visits for chemical<br />
dependency.<br />
(b) A health benefit plan may include, but is not required<br />
to include the following services as part of the EHB-benchmark<br />
package. These services are specifically excluded by<br />
the base-benchmark plan, and should not be included in<br />
establishing actuarial value.<br />
(i) Counseling in the absence of illness, other than family<br />
counseling when the patient is a child or adolescent with a<br />
covered diagnosis and the family counseling is part of the<br />
treatment for mental health services;<br />
(ii)Mental health treatment for diagnostic codes 302through<br />
302.9 in the DSM-IV, or for "V code" diagnoses<br />
except for medically necessary services for parent-child relational<br />
problems for children five years of age or younger,<br />
neglect or abuse of a child for children five years of age or<br />
younger, and bereavement for children five years of age or<br />
younger;<br />
(iii) Non-medically necessary court-ordered mental<br />
health treatment.<br />
(c) The base-benchmark plan establishes specific limitations<br />
on services classified to the mental health and substance<br />
abuse disorder services category that conflict with state or<br />
federal law as of January 1, 2014. The state EHB-benchmark<br />
plan requirements for these services are:<br />
(i) Coverage for eating disorder treatment must be covered<br />
for a diagnosis of a DSM-IV or DSM-V categorized<br />
mental health condition;<br />
(ii) Chemical detoxification coverage must not be uniformly<br />
limited to 30 days. Medical necessity, utilization<br />
review and criteria consistent with federal law may be<br />
applied by an issuer in designing coverage for this benefit;<br />
(iii) Mental health services and substance use disorder<br />
treatment must be delivered in a home health setting on parity<br />
with medical surgical benefits, consistent with state and federal<br />
law.<br />
(d) The benchmark base plan's visit limitations on services<br />
in this category include:<br />
(i) For small group plans, a limit of four employee assistance<br />
program counseling sessions;<br />
(ii) Court ordered treatment only when medically necessary.
(e) State state benefit requirements covered under this<br />
category include:<br />
(i) Mental health parity (RCW 48.20.580, 48.21.241;<br />
48.44.341, and 48.46.285);<br />
(ii) Chemical dependency detoxification services (RCW<br />
48.21.180, 48.44.240, 48.44.245, 48.46.350, and 48.46.355,);<br />
(iii) Services delivered pursuant to involuntary commitment<br />
proceedings (RCW 48.21.242; 48.44.342; 48.46.292).<br />
(g) The Paul Wellstone and Pete Domenici Mental<br />
Health Parity and Addiction Equity Act of 2008 (Public Law<br />
110-343) (MHPAEA) applies to a health benefit plan subject<br />
to this section. Coverage of mental health and substance use<br />
disorder services, along with any scope and duration limits<br />
imposed on the benefits, must comply with the MHPAEA,<br />
and all rules, regulations and guidance issued pursuant to<br />
Section 2726 of the federal Public Health Service Act (42<br />
U.S.C. Sec. 300gg-26) where state law is silent, or where federal<br />
law pre-empts state law.<br />
(6) A health benefit plan must cover "prescription drug<br />
services." For purposes of determining actuarial value, an<br />
issuer must classify medically necessary prescribed drugs,<br />
medication and drug therapies, in a manner substantially<br />
equivalent to the base-benchmark plan as prescription drug<br />
services.<br />
(a) A health benefit plan must include the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as prescription drug services:<br />
(i) Those classes of drugs, and the specific drugs in the<br />
drug formulary, both generic and brand name, including selfadministrable<br />
prescription medications;<br />
(ii) Prescribed medical supplies, including diabetic supplies<br />
that are not otherwise covered as durable medical equipment<br />
under the rehabilitative and habilitative services category,<br />
including test strips, glucagon emergency kits, insulin<br />
and insulin syringes;<br />
(iii) All FDA approved contraceptive methods, and prescription<br />
based sterilization procedures for women with<br />
reproductive capacity;<br />
(iv) certain preventive medications, including but not<br />
limited to, aspirin, fluoride, iron and medications for tobacco<br />
use cessation, according to, and as recommended by, the<br />
United States Preventive Services Task Force, when obtained<br />
with a prescription order.<br />
(b) A health benefit plan may include, but is not required<br />
to include the following services as part of the EHB-benchmark<br />
package. These services are specifically excluded by<br />
the base-benchmark plan as prescription drug or pharmacy<br />
benefit services, and should not be included in establishing<br />
actuarial value for this category:<br />
(i) Insulin pumps and their supplies, which are classified<br />
to the rehabilitation and habilitation services category;<br />
(ii) Weight loss drugs.<br />
(c) The base-benchmark plan establishes specific limitations<br />
on services classified to the prescription drug services<br />
category that conflict with state or federal law as of January<br />
1, 2014. The state EHB-benchmark plan requirements for<br />
these services are:<br />
(i) Preauthorized tobacco cessation products must be<br />
covered consistent with state and federal law. Brand-name<br />
Washington State Register, Issue 13-03 WSR 13-03-041<br />
tobacco cessation products must be available pursuant to an<br />
issuers formulary exception or substitution process;<br />
(ii) Medication prescribed as part of a clinical trial that is<br />
not the subject of the trial must be covered in a manner consistent<br />
with state and federal law.<br />
(d) The benchmark base plan's visit limitations on services<br />
in this category include:<br />
(i) Prescriptions for self-administrable injectable medication<br />
are limited to 30 day supplies at a time, other than<br />
insulin, which may be offered with more than a thirty day<br />
supply;<br />
(ii) Teaching doses of self-administrable injectable medications<br />
are limited to 3 doses per medication per lifetime.<br />
(e) State benefit requirements classified this category<br />
include:<br />
(i) Medical foods to treat inborn errors of metabolism,<br />
including but not limited to formula for Phenylketonuria<br />
(RCW 48.44.440, 48.46.510, 48.20.520, and 48.21.300);<br />
(ii) Diabetes supplies ordered by the physician (RCW<br />
48.44.315, 48.46.272, 48.20.391, and 48.21.143). Inclusion<br />
of this mandate does not bar issuer variation in diabetic supply<br />
manufacturers under its drug formulary;<br />
(iii) Orally administered anticancer medication parity<br />
requirements (RCW 48.20.389; 48.21.223; 48.44.323;<br />
48.46.274);<br />
(iv) Mental health prescription drugs to the extent not<br />
covered under the hospitalization or skilled nursing facility<br />
services, or mental health and substance use disorders categories<br />
(RCW 48.44.341, 48.46.291, 48.20.580, and 48.21.241).<br />
(f) An issuer's formulary is part of the prescription drug<br />
services category. The formulary filed with the commissioner<br />
must be substantially equal to the benchmark base plan<br />
formulary, both as to therapeutic classes covered and<br />
included drugs in each class.<br />
(i) The benchmark formulary includes the following<br />
therapeutic classes: Anti-infectives, Cardiovascular, Cholesterol<br />
Lowering, Diabetes, Ear/Nose/Throat, Gastrointestinal,<br />
Hormones, Mental Health, Neurological, Ophthalmic, Pain<br />
and Inflammatory Disease, Respiratory, Skin, Women's<br />
Health.<br />
(ii) An issuer must file its formulary with a representative<br />
product identifier code in each therapeutic class, when<br />
filing its rates and forms with the commissioner. Acceptable<br />
product identifier codes include Generic Sequence Number<br />
(GSN), Generic Code Number (GCN), Generic Product Identifier<br />
(GPI), or National Drug Code (NDC).<br />
(iii) An issuer complies with subsection (6)(f)(ii) by filing<br />
its product identifier codes through SERFF and noting in<br />
its actuarial filings any substitutions, with reference to both<br />
the therapeutic class and the drug being replaced.<br />
(iv) An issuer may remove or add products to its formulary<br />
during the benefit year consistent with its policies for<br />
management of its formulary, and state and federal law. The<br />
removal of a product must not result in the elimination of<br />
access to any product in a therapeutic class, unless there is not<br />
a Food and Drug Administration approved product for that<br />
therapeutic class. An issuer must file its updated formulary<br />
with the commissioner each quarter and specifically note<br />
changes that have been made.<br />
[ 67 ] <strong>Proposed</strong>
WSR 13-03-041 Washington State Register, Issue 13-03<br />
(v) An issuer may submit for the commissioner's review<br />
and approval a justification to exclude a drug from its formulary<br />
that is included in the base-benchmark plan formulary.<br />
The justification must be clearly described and include an<br />
evidence based, formal recommendation of the issuer's internal<br />
prescription formulary committee.<br />
(vi) An issuer's formulary does not have be substantially<br />
equal to the base-benchmark plan formulary in terms of formulary<br />
placement.<br />
(7) A health benefit plan must cover "rehabilitative and<br />
habilitative services." For purposes of determining a plan's<br />
actuarial value, an issuer must classify medically necessary<br />
services that help a person keep, restore or improve skills and<br />
function for daily living that have been lost or impaired<br />
because a person was sick, hurt or disabled, in a manner substantially<br />
equivalent to the benchmark base plan as rehabilitative<br />
services.<br />
(a) A health benefit plan must include the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as rehabilitative services:<br />
(i) Cochlear implants;<br />
(ii) In-patient rehabilitation facility and professional services<br />
delivered in those facilities are limited to 30 days per<br />
year, unless those services are classified under the hospitalization<br />
category;<br />
(iii) Outpatient physical therapy, occupational therapy<br />
and speech therapy are limited to 25 outpatient visits per<br />
year, on a combined basis, for rehabilitative purposes.<br />
(iv) Braces, splints, prostheses, orthopedic appliances<br />
and orthotic devices, supplies or apparatuses used to support,<br />
align or correct deformities or to improve the function of<br />
moving parts;<br />
(v) Durable medical equipment and mobility enhancing<br />
equipment used to serve a medical purpose, including sales<br />
tax.<br />
(b) A health benefit plan may include, but is not required<br />
to include the following services as part of the EHB-benchmark<br />
package. These services are specifically excluded by<br />
the base-benchmark plan, and should not be included in<br />
establishing actuarial value.<br />
(i) Off the shelf shoe inserts and orthopedic shoes;<br />
(ii) Exercise equipment for medically necessary conditions;<br />
(iii) Durable medical equipment that serves solely as a<br />
comfort or convenience item<br />
(iv) Hearing aids other than cochlear implants<br />
(c) The base-benchmark plan does not cover certain federally<br />
required services under this category. The state EHBbenchmark<br />
plan requirements for habilitative services are:<br />
(i) For purposes of determining actuarial value, the<br />
issuer must classify the range of medically necessary health<br />
care services and health care devices designed to assist an<br />
individual in partially or fully developing, keeping and learning<br />
age appropriate skills and functioning, within the individual's<br />
environment or to compensate for a person's progressive<br />
physical, cognitive and emotional illness as habilitative services.<br />
(ii) A health benefit plan must cover habilitative services<br />
in a manner consistent with RCW 48.43.045. An issuer must<br />
not exclude otherwise covered habilitative services provided<br />
<strong>Proposed</strong> [ 68 ]<br />
by an individual who is directly supervised by a provider<br />
qualified pursuant to RCW 48.43.045.<br />
(iii) An issuer may establish limitations on habilitative<br />
services at parity with those for rehabilitative services. A<br />
health benefit plan may include reference based limitations<br />
only if the limitations take into account the unique needs of<br />
the individual and target measurable, and specific treatment<br />
goals appropriate for the person's age, and physical and mental<br />
condition. When habilitative services are delivered to<br />
treat a mental health diagnosis categorized in the most recent<br />
version of the DSM, the mental health parity requirements<br />
apply and supercede any rehabilitative services parity limitations<br />
permitted by this subsection.<br />
(iv) Absent a federal or state requirement to do so, this<br />
section does not require an issuer to coordinate its benefits in<br />
conjunction with services provided by a public or government<br />
program. However, a health benefit plan must not limit<br />
an enrollee's access to covered services on the basis that<br />
some, but not all of the services are provided by a public or<br />
government program.<br />
(v) An issuer may establish utilization review guidelines<br />
and practice guidelines for habilitative services that are recognized<br />
by the medical community as efficacious. The<br />
guidelines may not require a return to a prior level of function.<br />
(vi) Habilitative health care devices may be limited to<br />
those that require FDA approval and a prescription to dispense<br />
the device.<br />
(vii) Consistent with the standards in this subsection<br />
(7)(c), speech therapy, occupational therapy, physical therapy<br />
and aural therapy are habilitative services. Day habilitation<br />
services designed to provide training, structured activities<br />
and specialized assistance to adults, chore services to<br />
assist with basic needs, vocational or custodial services are<br />
not are not classified as habilitative services.<br />
(viii) An issuer must not exclude coverage habilitative<br />
services received at a school-based health care centers unless<br />
the habilitative services and devices are delivered pursuant to<br />
federal Individuals with Disabilities Education Act of 2004<br />
(IDEIA) requirements pursuant to an individual educational<br />
plan (IEP).<br />
(d) The base-benchmark plan's visit limitations on services<br />
in this category include:<br />
(i) In-patient rehabilitation facility and professional services<br />
delivered in those facilities are limited to 30 days per<br />
year;<br />
(ii) Outpatient physical therapy, occupational therapy<br />
and speech therapy are limited to 25 outpatient visits per<br />
year, on a combined basis, for rehabilitative purposes.<br />
(e) State benefit requirements covered under this category<br />
include:<br />
(i) State sales tax for durable medical equipment;<br />
(ii) Coverage of diabetic supplies and equipment (RCW<br />
48.44.315, 48.46.272, 48.20.391, and 48.21.143).<br />
(f) An issuer must not classify services to the rehabilitative<br />
services category if the classification results in a limitation<br />
of coverage for therapy that is medically necessary for an<br />
enrollee's treatment for cancer, chronic pulmonary or respiratory<br />
disease, cardiac disease or other similar chronic conditions<br />
or diseases. For purposes of this subsection, an issuer
may establish limitations on the number of visits and coverage<br />
of the rehabilitation therapy consistent with its medical<br />
necessity and utilization review guidelines for medical/surgical<br />
benefits. Examples of these are, but are not limited to,<br />
breast cancer rehabilitation therapy, respiratory therapy, and<br />
cardiac rehabilitation therapy. Such services may be classified<br />
to the ambulatory patient or hospitalization services categories<br />
for purposes of determining actuarial value.<br />
(8) A health plan must cover "laboratory services."<br />
For purposes of determining actuarial value, an issuer must<br />
classify medically necessary laboratory services and testing,<br />
including those performed by a licensed provider to determine<br />
differential diagnoses, conditions, outcomes and treatment,<br />
and including blood and blood services, storage and<br />
procurement, and ultrasound, X-ray, MRI, CAT scan and<br />
PET scans, in a manner substantially equivalent to the basebenchmark<br />
plan as laboratory services.<br />
(a) A health benefit plan must include the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as laboratory services:<br />
(i) Laboratory services, supplies and tests, including<br />
genetic testing;<br />
(ii) Radiology services, including X-ray, MRI, CAT<br />
scan, PET scan and ultrasound imaging;<br />
(iii) Blood, blood products and blood storage, including<br />
the services and supplies of a blood bank.<br />
(b) A health benefit plan may include, but is not required<br />
to include the following services as part of the EHB-benchmark<br />
package. These services are specifically excluded by<br />
the base-benchmark plan, and should not be included in<br />
establishing actuarial value: an enrollee's non-medically<br />
indicated procurement and storage of personal blood supplies<br />
provided by a member of the enrollee's family.<br />
(c)-(e): Reserved.<br />
(9) A health plan must cover "preventive and wellness<br />
services, including chronic disease management" For purposes<br />
of determining a plan's actuarial value, an issuer must<br />
classify services that identify or prevent the onset or worsening<br />
of disease or disease conditions, illness or injury, often<br />
asymptomatic, services that assist in the multidisciplinary<br />
management and treatment of chronic diseases, services of<br />
particular preventive or early identification of disease or illness<br />
of value to specific populations, such as women, children<br />
and seniors, in a manner substantially equivalent to the<br />
benchmark base plan, as preventive and wellness services,<br />
including chronic disease management.<br />
(a) A health benefit plan must include the following services,<br />
which are specifically covered by the base-benchmark<br />
plan, and classify them as preventive and wellness services:<br />
(i) Immunizations recommended by the Centers for Disease<br />
Control's Advisory Committee on Immunization Practices,<br />
(ii) Screening and tests with A and B recommendations<br />
by the U.S. Preventive Services Task Force for prevention<br />
and chronic care, for recommendations issued on or before<br />
the applicable plan year;<br />
(iii) Services, tests and screening contained in the U.S.<br />
Health Resources and Services Administration Bright<br />
Futures guidelines as set forth by the American Academy of<br />
Pediatricians<br />
Washington State Register, Issue 13-03 WSR 13-03-041<br />
(iv) Services, tests, screening and supplies recommended<br />
in the U.S. Health Resources and Services Administration<br />
women's preventive and wellness services guidelines;<br />
(v) Chronic disease management services.<br />
(b) The base-benchmark plan does not exclude any services<br />
that could reasonably be classified to this category.<br />
(c) The base-benchmark plan does not apply any limitations<br />
or scope restrictions that conflict with state or federal<br />
law as of January 1, 2014.<br />
(d) The base-benchmark plan does not establish visit<br />
limitations on services in this category.<br />
(e) State benefit requirements classified in this category<br />
are:<br />
(i) Colorectal cancer screening as set forth in RCW<br />
48.43.043;<br />
(ii) Mammogram services, both diagnostic and screening<br />
(RCW 48.21.225, 48.44.325, and 48.46.275);<br />
(iii) Prostate cancer screening (RCW 48.20.392, 48.21.-<br />
227, 48.44.327, and 48.46.277).<br />
Reviser's note: The typographical errors in the above section occurred<br />
in the copy filed by the agency and appear in the Register pursuant to the<br />
requirements of RCW 34.08.040.<br />
NEW SECTION<br />
WAC 284-43-879 Essential health benefit category:<br />
Pediatric services A health plan must include "pediatric services"<br />
in its essential health benefits package. The basebenchmark<br />
plan covers pediatric services for the categories<br />
set forth in WAC 284-43-878 (1) through (9) with the exception<br />
of pediatric oral services.<br />
(1) A health plan must cover pediatric oral services<br />
either as an embedded set of services, offered through a rider<br />
or as a contracted service. If a health plan is subsequently<br />
certified by the health benefit exchange as a qualified health<br />
plan, this requirement is met for that benefit year for the certified<br />
plan if a stand-alone dental plan covering pediatric oral<br />
services as set forth in the EHB-benchmark is offered in the<br />
health benefit exchange for that benefit year.<br />
(2) If a health plan is a stand-alone dental plan offered<br />
through the health benefit exchange, then the requirements of<br />
this section are the sole essential health benefit requirements<br />
applicable to the plan.<br />
(3) A health benefit plan may include, but is not required<br />
to include the following services as part of the EHB-benchmark<br />
package. The supplemental base-benchmark plan specifically<br />
excludes oral implants, and an issuer should not<br />
include benefits for oral implants in establishing a plan's<br />
actuarial value.<br />
(4) The state EHB-benchmark plan requirements for<br />
pediatric oral benefits must be offered and classified consistent<br />
with the designated supplemental base-benchmark plan<br />
for pediatric oral services, the Washington State CHIP plan.<br />
The oral benefits included in the "pediatric" category are:<br />
(a) Diagnostic services<br />
(b) Preventive care<br />
(c) Restorative care<br />
(d) Oral surgery and reconstruction to the extent not covered<br />
under the hospitalization benefit;<br />
(e) Endodontic treatment<br />
(f) Periodontics<br />
[ 69 ] <strong>Proposed</strong>
WSR 13-03-041 Washington State Register, Issue 13-03<br />
(g) Crown and fixed bridge<br />
(h) Removable prosthetics<br />
(i) Medically necessary orthodontia<br />
(5) The supplemental base-benchmark plan's visit limitations<br />
on services in this category are:<br />
(a) Diagnostic exams once every six months, beginning<br />
before one year of age;<br />
(b Bitewing x-ray once a year;<br />
(c) Panoramic x-rays once every three years;<br />
(d) Prophylaxis every six months beginning at age 6<br />
months<br />
(e) Fluoride three times in a twelve month period for<br />
ages six and under; two times in a 12 month period for ages<br />
seven and older; three times in a twelve month period during<br />
orthodontic treatment; sealant once every 3 years for Occlusal<br />
surfaces only; oral hygiene instruction two times in<br />
twelve months for ages 8 and under if not billed on the same<br />
day as a prophylaxis treatment;<br />
(f) Every 2 years for the same restoration (fillings);<br />
(g) Frenulectomy or frenuloplasty covered for ages six<br />
and under without prior authorization;<br />
(h) Root canals on baby primary posterior teeth only;<br />
(i) Root canals on permanent anterior, bicuspid and<br />
molar teeth, excluding teeth 1, 16, 17 and 32;<br />
(j) Periodontal scaling and root planning once per quadrant<br />
in a 2 year period for ages 13 and older, with prior authorization;<br />
(k) Periodontal maintenance once per quadrant in a 12<br />
month period for ages 13 and older, with prior authorization;<br />
(l) Stainless steel crowns for primary anterior teeth once<br />
every 3 years; if age 13 and older with prior authorization;<br />
(m) Stainless steel crowns for permanent posterior teeth<br />
once every 3 years;<br />
(n) metal/porcelain crowns and porcelain crowns on<br />
anterior teeth only, with prior authorization;<br />
(o) Space maintainers for missing primary molars A, B,<br />
I, J, K, L, S and T<br />
(p) One resin based partial denture, replaced once within<br />
a 3 year period.<br />
(q) One complete denture upper and lower, and one<br />
replacement denture per lifetime after at least 5 years from<br />
the seat date.<br />
(r) Rebasing and relining of complete or partial dentures<br />
once in a 3 year period, if performed at least 6 months from<br />
the seating date<br />
(6) State benefit requirements that are limited to those<br />
receiving pediatric services, but that are classified to other<br />
categories for purposes of determining actuarial value, are:<br />
(a) Neurodevelopmental therapy to age six, consisting of<br />
physical, occupational and speech therapy and maintenance<br />
to restore or improve function based on developmental delay,<br />
which cannot be combined with rehabilitative services for the<br />
same condition (RCW 48.44.450, 48.46.520, and 48.21.310)<br />
(may be classified to ambulatory patient services or mental<br />
health and substance abuse disorder including behavioral<br />
health categories);<br />
(b) Congenital anomalies in newborn and dependent<br />
children (RCW 48.20.430, 48.21.155, 48.44.212, 48.46.250,<br />
and 48.21.155) (may be classified to hospitalization, ambulatory<br />
patient services or maternity and newborn categories).<br />
<strong>Proposed</strong> [ 70 ]<br />
NEW SECTION<br />
WAC 284-43-882 Plan cost sharing and benefit substitution<br />
(1) A health benefit plan must not apply cost-sharing<br />
requirements to Native Americans purchasing a health<br />
benefit plan through the Exchange, whose incomes are at or<br />
below 300% of federal poverty level.<br />
(2) A small group health benefit plan that includes the<br />
essential health benefits package may not impose annual<br />
cost-sharing or deductibles that exceed the maximum annual<br />
amounts that apply to high deductible plans linked to health<br />
savings accounts, as set forth in the most recent version of<br />
IRS Publication 969, pursuant to section 106 (c)(2) of the<br />
Internal Revenue Code of 1986, and section 1302 (c)(2) of<br />
PPACA.<br />
(3) An issuer may use reasonable medical management<br />
techniques to control costs, including promoting the use of<br />
appropriate, high value preventive services, providers and<br />
settings. An issuer's policies must accommodate enrollees<br />
for whom it would be medically inappropriate to have the service<br />
provided in one setting versus another, as determined by<br />
the attending provider, and permit waiver of an otherwise<br />
applicable copayment for the service that is tied to one setting<br />
but not the preferred high-value setting.<br />
(4) An issuer may not require cost-sharing for preventive<br />
services delivered by network providers, specifically related<br />
to those with an A or B rating in the most recent recommendations<br />
of the United States Preventive Services Task Force,<br />
women's preventive healthcare services recommended by the<br />
U.S. Health Resources and services Administration (HRSA)<br />
and HRSA Bright Futures guideline designated pediatric services.<br />
An issuer must post on its website a list of the specific<br />
preventive and wellness services mandated by PPACA that it<br />
covers.<br />
(5) An issuer must establish cost-sharing levels, structures<br />
or tiers for specific essential health benefit categories<br />
that are not discriminatory based on health status. "Costsharing"<br />
has the same meaning as set forth in RCW<br />
48.43.005, and WAC 284-43-130(8).<br />
(a) An issuer must not apply cost sharing or coverage<br />
limitations differently to enrollees with chronic disease or<br />
complex underlying medical conditions than to other enrollees,<br />
unless the difference provides the enrollee with access to<br />
care and treatment commensurate with the enrollee's specific<br />
medical needs without imposing a surcharge or other additional<br />
cost to the enrollee beyond normal cost-sharing<br />
requirements under the plan.<br />
(b) An issuer must not establish a different cost-sharing<br />
structure for a specific benefit or tier for a benefit than is<br />
applied to the plan in general if the sole type of enrollee who<br />
would access that benefit or benefit tier is one with a chronic<br />
illness or medical condition.<br />
NEW SECTION<br />
WAC 284-43-885 Representations regarding coverage<br />
A health plan issuer must not indicate or imply that a<br />
health benefit plan covers essential health benefits unless the<br />
plan, policy or contract covers essential health benefits in<br />
compliance with this subchapter. This requirement applies to
any health benefit plan offered inside or outside the Washington<br />
health benefit exchange.<br />
WSR 13-03-042<br />
PROPOSED RULES<br />
OLYMPIC COLLEGE<br />
[Filed January 9, 2013, 11:39 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
23-024.<br />
Title of Rule and Other Identifying Information: Rental<br />
of Olympic College facilities by noncollege organizations or<br />
individuals.<br />
Hearing Location(s): Olympic College, Humanities and<br />
Student Services Building, Room 119-121, 1600 Chester<br />
Avenue, Bremerton, WA 98337, on March 19, 2013, at 5:00<br />
p.m.<br />
Date of Intended Adoption: March 19, 2013.<br />
Submit Written Comments to: Thomas Oliver, 1600<br />
Chester Avenue, Bremerton, WA 98337, e-mail toliver<br />
@olympic.edu, fax (360) 475-7505, by March 8, 2013.<br />
Assistance for Persons with Disabilities: Contact Karen<br />
Fusco by March 12, 2013, TTY (360) 475-7543 or (360) 475-<br />
7542.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: Olympic College<br />
is revising the current policy to make it more explicit and<br />
clear.<br />
Reasons Supporting Proposal: The current rule is out of<br />
alignment with existing practice.<br />
Statutory Authority for Adoption: Chapter 28B.50<br />
RCW.<br />
Statute Being Implemented: Chapter 28B.50 RCW.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Bruce Riveland, vice-president for<br />
administrative services, Olympic College, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Thomas Oliver, CSC 210, 1600 Chester, Bremerton, WA<br />
98337, (360) 475-7502; Implementation and Enforcement:<br />
Candace Alvarez, CSC 403, 1600 Chester, Bremerton, WA<br />
98337, (360) 475-7322.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. There will be no significant<br />
impact on any entity other than Olympic College.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. There is no significant economic impact.<br />
January 9, 2013<br />
Thomas Oliver<br />
Rules Coordinator<br />
AMENDATORY SECTION (Amending Order, filed<br />
4/15/68)<br />
WAC 132C-10-020 Rental of Olympic College facilities<br />
by noncollege organizations or individuals. It shall be<br />
the policy of Community College District No. 3 (Olympic<br />
Washington State Register, Issue 13-03 WSR 13-03-065<br />
College) to allow rental of the ((Olympic)) college facilities<br />
((when they are not previously scheduled for college use to))<br />
by both college and noncollege individuals and organizations<br />
((or any individuals upon approval by the president of the<br />
college and in accordance with administrative regulations)).<br />
WSR 13-03-065<br />
PROPOSED RULES<br />
GAMBLING COMMISSION<br />
[Filed January 11, 2013, 3:13 p.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
22-056.<br />
Title of Rule and Other Identifying Information: Repealing<br />
WAC 230-15-485 Electronic facsimiles of cards allowed;<br />
and new section WAC 230-15-116 Electronic facsimiles of<br />
cards allowed.<br />
Hearing Location(s): Comfort Inn Conference Center,<br />
1620 74th Avenue S.W., Tumwater, WA 98501, (360) 352-<br />
0691, on March 14 or 15, 2013, at 9:00 a.m. or 1:00 p.m.<br />
NOTE: Meeting dates and times are tentative. Visit our web<br />
site at www.wsgc.wa.gov and select public meeting about ten<br />
days before the meeting to confirm meeting date/location/<br />
start time.<br />
Date of Intended Adoption: March 14 or 15, 2013.<br />
NOTE: Meeting dates and times are tentative. Visit our web<br />
site at www.wsgc.wa.gov and select public meeting about ten<br />
days before the meeting to confirm meeting date/location/start<br />
time.<br />
Submit Written Comments to: Susan Newer, P.O. Box<br />
42400, Olympia, WA 98504-2400, e-mail SusanA@wsgc.<br />
wa.gov, fax (360) 486-3625, by March 1, 2013.<br />
Assistance for Persons with Disabilities: Contact Gail<br />
Grate, executive assistant, by March 1, 2013, TTY (360) 486-<br />
3637 or (360) 486-3453.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The proposed<br />
amendment would correct a filing error by staff and:<br />
• Reinstate the use of electronic facsimiles of cards<br />
for "all" card games, not just "house-banked" card<br />
games; and<br />
• Move this rule from the house-banked card room<br />
section of the rules manual, to rules relating to all<br />
card games.<br />
Reasons Supporting Proposal: In July 2001, the commissioners<br />
adopted a petition for rule change submitted by<br />
DigiDeal amending WAC 230-40-070 to allow electronic<br />
facsimiles of cards (EFC) in house-banked card games, effective<br />
January 1, 2002. In May 2004, the commissioners<br />
adopted a second petition for rule change submitted by<br />
DigiDeal amending WAC 230-40-070 to allow EFC to be<br />
used in "all" card games not just "house-banked" card games,<br />
effective July 1, 2004. A few months later in August 2004,<br />
the commissioners adopted a staff proposed rule change to<br />
WAC 230-40-070 regarding logo cards. When this amendment<br />
was filed, staff inadvertently filed a version that did not<br />
incorporate DigiDeal's petition to allow EFC in all card<br />
[ 71 ] <strong>Proposed</strong>
WSR 13-03-080 Washington State Register, Issue 13-03<br />
games, not just house-banked card games. In effect, this<br />
accidentally eliminated the amendment the commissioners<br />
adopted in May 2004.<br />
Statutory Authority for Adoption: RCW 9.46.070, 9.46.-<br />
0282.<br />
Statute Being Implemented: Not applicable.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Washington state gambling commission,<br />
governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Susan Newer, Rules Coordinator, Lacey, (360) 486-3466;<br />
Implementation: Rick Day, Director, Lacey, (360) 486-<br />
3446; and Enforcement: Mark Harris, Assistant Director,<br />
Lacey, (360) 486-3579.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. A small business economic<br />
impact statement was not prepared because the rule<br />
change would not impose additional costs on any licensee.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. The Washington state gambling commission is<br />
not an agency that is statutorily required to prepare a costbenefit<br />
analysis under RCW 34.05.328.<br />
January 11, 2013<br />
Susan Newer<br />
Rules Coordinator<br />
NEW SECTION<br />
WAC 230-15-116 Electronic facsimiles of cards<br />
allowed. (1) Card game licensees may use electronic card<br />
facsimiles approved by the director or the director's designee<br />
in card games.<br />
(2) Card room employees must operate the game.<br />
REPEALER<br />
The following section of the Washington Administrative<br />
Code is repealed:<br />
WAC 230-15-485 Electronic facsimiles of cards<br />
allowed.<br />
WSR 13-03-080<br />
WITHDRAWAL OF PROPOSED RULES<br />
DEPARTMENT OF ECOLOGY<br />
(By the Code Reviser's Office)<br />
[Filed January 15, 2013, 9:00 a.m.]<br />
WAC 173-910-550 and 173-910-560, proposed by the<br />
department of ecology in WSR 12-14-036 appearing in issue<br />
12-14 of the State Register, which was distributed on July<br />
18, 2012, is withdrawn by the code reviser's office under<br />
RCW 34.05.335(3), since the proposal was not adopted<br />
within the one hundred eighty day period allowed by the statute.<br />
Kerry S. Radcliff, Editor<br />
Washington State Register<br />
<strong>Proposed</strong> [ 72 ]<br />
WSR 13-03-089<br />
PROPOSED RULES<br />
HEALTH CARE AUTHORITY<br />
(Medicaid Program)<br />
[Filed January 15, 2013, 11:21 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
22-074.<br />
Title of Rule and Other Identifying Information: Chapter<br />
182-557 WAC, Chronic care management.<br />
Hearing Location(s): Health Care Authority (HCA),<br />
Cherry Street Plaza Building, Conference Room, 626 8th<br />
Avenue, Olympia, WA 98504 (metered public parking is<br />
available street side around building. A map is available at:<br />
http://maa.dshs.wa.gov/pdf/CherryStreetDirectionsNMap.<br />
pdf or directions can be obtained by calling (360) 725-1000),<br />
on February 26, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: Not sooner than February<br />
27, 2013.<br />
Submit Written Comments to: HCA Rules Coordinator,<br />
P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th<br />
Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax<br />
(360) 586-9727, by 5:00 p.m. on February 26, 2013.<br />
Assistance for Persons with Disabilities: Contact Kelly<br />
Richters by February 19, 2013, TTY (800) 848-5429 or (360)<br />
725-1307 or e-mail kelly.richters@hca.wa.gov.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: In accordance<br />
with the federal Patient Protection and Affordable Care Act<br />
(PPACA), Section 2703, and Washington SSB 5394, these<br />
rules are necessary to implement adoption of health homes<br />
and within them, advance the practice of chronic care management<br />
to improve health outcomes and reduce unnecessary<br />
costs. The agency is changing the title of this chapter to<br />
health homes.<br />
Statutory Authority for Adoption: RCW 41.05.021, SSB<br />
5394.<br />
Statute Being Implemented: RCW 41.05.021.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: HCA, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Wendy Boedigheimer, HCA, P.O. Box 45504, Olympia, WA<br />
98504, (360) 725-1306; Implementation and Enforcement:<br />
Alison Robbins, HCA, P.O. Box 45530, Olympia, WA<br />
98504, (360) 725-1634.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. The agency has analyzed<br />
the proposed rules and concludes they do not impose<br />
more than minor costs for affected small businesses.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. RCW 34.05.328 does not apply to HCA rules<br />
unless requested by the joint administrative rules [review]<br />
committee or applied voluntarily.<br />
January 15, 2013<br />
Kevin M. Sullivan<br />
Rules Coordinator
AMENDATORY SECTION (Amending WSR 11-14-075,<br />
filed 6/30/11, effective 7/1/11)<br />
WAC 182-557-0050 ((Chronic care management<br />
program)) Health home—General. (((1) The department's<br />
chronic care management program:<br />
(a) Offers care management and coordination activities<br />
for medical assistance clients determined to be at risk for high<br />
medical costs;<br />
(b) Provides education, training, and/or coordination of<br />
services for program participants through statewide care<br />
management (SCM) and local care management (LCM) providers<br />
contracted with DSHS;<br />
(c) Assists program participants in improving self-management<br />
skills and improving health outcomes; and<br />
(d) Reduces medical costs by educating clients to better<br />
utilize health care services.<br />
(2) The department's chronic care management program<br />
does not:<br />
(a) Change the scope of services available to a client eligible<br />
under a Title XIX medicaid program;<br />
(b) Interfere with the relationship between a participant<br />
(client) and the client's chosen department-enrolled provider(s);<br />
(c) Duplicate case management activities available to a<br />
client in the client's community; or<br />
(d) Substitute for established activities that are available<br />
to a client and provided by programs administered through<br />
other DSHS divisions or state agencies.<br />
(3) Chronic care management program services provided<br />
by a statewide care management (SCM) contractor and a<br />
local care management (LCM) contractor must meet:<br />
(a) The conditions of the contract between DSHS and the<br />
contractor; and<br />
(b) Applicable state and federal requirements.<br />
(4) The SCM contractor uses a predictive modeling program<br />
to review DSHS claims, and eligibility data to identify<br />
clients eligible to participate in the chronic care management<br />
program.)) (1) The agency's health home program provides<br />
patient-centered care to beneficiaries at high risk for high<br />
health costs and poor health outcomes. Health homes services<br />
consist of six care coordination activities that include<br />
providing education to the beneficiary in self-managing his<br />
or her condition and navigating the health care system.<br />
(2) Health home offers:<br />
(a) Comprehensive or intensive care management to<br />
assess readiness for self-management and promote self-management<br />
skills;<br />
(b) Care coordination and health promotion to support<br />
coordination across systems of care and beneficiaries' participation<br />
in their care;<br />
(c) Comprehensive transitional care after discharge from<br />
an inpatient facility (hospital, rehabilitative, psychiatric,<br />
skilled nursing, substance use disorder treatment or residential<br />
habilitation setting);<br />
(d) Individual and family support services to provide<br />
health promotion, education, training and coordination of<br />
covered services for beneficiaries and their support network;<br />
(e) Referrals to community and support services; and<br />
Washington State Register, Issue 13-03 WSR 13-03-089<br />
(f) Use of health information technology (HIT) to link<br />
services between the health home and the beneficiaries' providers.<br />
(3) The agency's health home program does not:<br />
(a) Change the scope of services available to a beneficiary<br />
eligible under medicare or a Title XIX medicaid program;<br />
(b) Interfere with the relationship between a beneficiary<br />
and his or her chosen agency-enrolled provider(s);<br />
(c) Duplicate case management activities available to a<br />
beneficiary in the beneficiary's community or by other providers<br />
or programs; or<br />
(d) Substitute for established activities that are available<br />
through programs administered through the agency or other<br />
state agencies.<br />
(4) Qualified health home providers must:<br />
(a) Contract with the agency to provide services under<br />
this chapter to eligible beneficiaries;<br />
(b) Accept the terms and conditions in the agency's contract;<br />
(c) Be able to meet the network and quality standards<br />
established by the agency;<br />
(d) Accept the rates established by the agency; and<br />
(e) Comply with all applicable state and federal requirements.<br />
(5) The agency reserves the right to not contract with any<br />
otherwise qualified health home provider.<br />
AMENDATORY SECTION (Amending WSR 11-14-075,<br />
filed 6/30/11, effective 7/1/11)<br />
WAC 182-557-0100 ((Chronic care management))<br />
Health home program—Definitions. The following terms<br />
and definitions apply to the ((chronic care management))<br />
health home program:<br />
(("Chronic care management program services" are<br />
services provided by DSHS-contracted organizations to clients<br />
with multiple health, behavioral, and social needs in<br />
order to improve care coordination, client education, and client<br />
self-management skills.<br />
"Evidence-based health care practice" means a clinical<br />
approach to practicing medicine based on the clinician's<br />
awareness of evidence and the strength of that evidence to<br />
support the management of a disease treatment process.<br />
"Local care management program" or "LCM program"<br />
means a comprehensive care management program<br />
and medical home program for medical assistance clients<br />
(participants) that serves a specific geographical area of the<br />
state.<br />
"Local care management (LCM) contractor" means<br />
an entity or group of entities that contracts with DSHS to provide<br />
chronic care management program services to eligible<br />
participants (clients).<br />
"Medical home" means an approach to providing<br />
health care services in a high-quality and cost-effective manner<br />
that is accessible, family-centered, comprehensive, continuous,<br />
coordinated, compassionate, and culturally competent.<br />
[ 73 ] <strong>Proposed</strong>
WSR 13-03-089 Washington State Register, Issue 13-03<br />
"Participant" means a medical assistance client who<br />
has been contacted by an SCM or LCM, and has agreed to<br />
participate in the chronic care management program.<br />
"Predictive modeling" means using historical medical<br />
claims data to predict future utilization of medical services.<br />
"Self-management" means, with guidance from a<br />
health care team, the concept of a medical assistance client<br />
being the "driver" of their own health care to improve their<br />
health care outcome through:<br />
• Education;<br />
• Monitoring;<br />
• Adherence to evidence-based guidelines; and<br />
• Active involvement in the decision-making process<br />
with the team.<br />
"Statewide care management program" or "SCM<br />
program" means a comprehensive care management program<br />
for clients that serves all areas of the state not served by<br />
a local care management (LCM) program.<br />
"Statewide care management (SCM) contractor"<br />
means an entity that contracts with DSHS to provide chronic<br />
care management program services to eligible medical assistance<br />
clients (participants). The SCM contractor provides client<br />
identification and referral to appropriate local care management<br />
(LCM) programs through predictive modeling.))<br />
Agency - See WAC 182-500-0010.<br />
Beneficiary - A person who is eligible for health home<br />
services. See WAC 182-557-0200.<br />
Chronic condition - A condition that, in combination<br />
with the beneficiary's risk score, determines eligibility for<br />
health home services. The chronic conditions covered are<br />
mental health conditions, substance use disorders, asthma,<br />
diabetes, heart disease, cancer, cerebrovascular disease, coronary<br />
artery disease, dementia or Alzheimer's disease, intellectual<br />
disability or disease, HIV/AIDS, renal failure, chronic<br />
respiratory conditions, neurological disease, gastrointestinal,<br />
hematological and musculoskeletal conditions.<br />
Contractor - The entity providing covered services<br />
under contract with the agency.<br />
Coverage area(s) - Predetermined geographical area(s)<br />
composed of specific counties that will facilitate a phased-in<br />
implementation of health homes.<br />
Covered services - A set of services across medicare<br />
and medicaid to be coordinated as part of health home program<br />
activities.<br />
DSHS - The department of social and health services.<br />
Health action plan - A beneficiary-prioritized plan<br />
identifying what the beneficiary plans to do to improve their<br />
health and/or self-management of health conditions.<br />
Health home - An entity composed of community based<br />
providers, qualified and contracted by the agency to provide<br />
health home services to eligible beneficiaries.<br />
HIPAA (Health Insurance Portability and Accountability<br />
Act of 1996) - Regulations designed to provide privacy<br />
standards to protect patients' medical records and other<br />
health information provided to health plans, doctors, hospitals,<br />
and other health care providers.<br />
Dual eligible - For the purpose of this chapter, means<br />
individuals who are enrolled in medicare parts A and B, and<br />
who are eligible for, and receiving, medicaid and no other<br />
comprehensive private or public health coverage.<br />
<strong>Proposed</strong> [ 74 ]<br />
Medicaid - See WAC 182-500-0070.<br />
Participation - An agreement by the beneficiary to participate<br />
in health home services as demonstrated by the health<br />
action plan.<br />
Risk score - A measure of expected cost risk in the next<br />
twelve months based on the beneficiary's disease profiles,<br />
medical care utilization, and pharmacy utilization.<br />
AMENDATORY SECTION (Amending WSR 11-14-075,<br />
filed 6/30/11, effective 7/1/11)<br />
WAC 182-557-0200 ((Chronic care management<br />
program)) Health home program—Client eligibility and<br />
participation. (((1) To be a participant in the chronic care<br />
management program, a client must:<br />
(a) Be a recipient of the supplemental security income<br />
(SSI) program or general assistance with expedited medical<br />
categorically needy (GAX) program;<br />
(b) Be identified through predictive modeling as being<br />
high risk for high medical costs as a result of needing medical<br />
treatment for multiple conditions; and<br />
(c) Agree to participate in the program.<br />
(2) A client participating in the chronic care management<br />
program must not be:<br />
(a) Receiving medicare benefits;<br />
(b) Residing in an institution, as defined in WAC 388-<br />
500-0005, for more than thirty days;<br />
(c) Eligible for third party coverage that provides care<br />
management services or requires administrative controls that<br />
would duplicate or interfere with the department's chronic<br />
care management program;<br />
(d) Enrolled with a managed care organization (MCO)<br />
plan contracted with DSHS;<br />
(e) Currently receiving long term care services; or<br />
(f) Receiving case management services that chronic<br />
care management program services would duplicate.<br />
(3) Using data provided by DSHS, the statewide care<br />
management (SCM) contractor identifies medical assistance<br />
clients who are potential participants for chronic care management<br />
program services. A client who meets the participation<br />
requirements in this section:<br />
(a) Will be served by the SCM program or a local care<br />
management (LCM) program, based on the geographical area<br />
of the state the client resides.<br />
(b) Will be contacted by an SCM or LCM care manager<br />
for an assessment and enrollment in the program;<br />
(c) Will not be enrolled unless the client specifically<br />
agrees to the enrollment;<br />
(d) May request disenrollment at any time. Disenrollment<br />
is effective the first day of the following month; and<br />
(e) May request reenrollment at any time. Reenrollment<br />
is effective the first day of the following month.<br />
(4) A participating client who subsequently enrolls in a<br />
DSHS voluntary managed care program is no longer eligible<br />
for chronic care management program services.<br />
(5) A client who meets the eligibility and enrollment criteria<br />
for participation in the chronic care management services<br />
program:
(a) Is eligible to participate for six months from the date<br />
of enrollment provided the client continues to meet eligibility<br />
and enrollment criteria; and<br />
(b) May participate for additional six-month participation<br />
periods if both the department and the SCM or LCM<br />
contractor determine that the participant's self-management<br />
skills and health care outcome would benefit.<br />
(6) A client who does not agree with a decision regarding<br />
chronic care management program services has a right to a<br />
hearing under chapter 388-02 WAC.)) (1) To participate in<br />
the health home program, a beneficiary must be:<br />
(a) A recipient of the medicaid aged, blind, disabled<br />
assistance program; or<br />
(b) A recipient of temporary assistance for needy families<br />
(TANF); or<br />
(c) Dually eligible for medicare and medicaid services;<br />
and<br />
(i) Have one or more chronic condition(s) as defined in<br />
WAC 182-557-0100 and the risk of developing another; and<br />
(ii) Be identified through predictive modeling as being<br />
high risk for high medical costs and poor health outcomes as<br />
a result of needing medical treatment for chronic condition(s);<br />
and<br />
(iii) Agree to participate in a health home program.<br />
(2) A beneficiary participating in the health home program<br />
must not be:<br />
(a) Eligible for third-party coverage that provides care<br />
management services or requires administrative controls that<br />
would duplicate or interfere with the agency's health home<br />
program; or<br />
(b) Receiving services through another health system<br />
that health home services would duplicate.<br />
(3) Using data provided by the department of social and<br />
health services (DSHS), the agency identifies beneficiaries<br />
who are potential participants of health home services. A<br />
beneficiary who meets the participation requirements in this<br />
section will:<br />
(a) Be served by a qualified health home based on the<br />
coverage area in which the beneficiary resides;<br />
(b) Be contacted for an assessment and participation in<br />
the program;<br />
(c) Work with a care coordinator to develop a health<br />
action plan that details the beneficiary's health goals and a<br />
plan for achievement of those goals; and<br />
(d) Will receive health home services at a level appropriate<br />
to the beneficiary's needs.<br />
(4) A participant who does not agree with a decision<br />
regarding health home services has the right to an administrative<br />
hearing as described in chapter 182-526 WAC.<br />
AMENDATORY SECTION (Amending WSR 11-14-075,<br />
filed 6/30/11, effective 7/1/11)<br />
WAC 182-557-0300 ((Chronic care management<br />
program)) Health home services—Confidentiality and<br />
data sharing. (((1) Statewide care management (SCM) and<br />
local care management (LCM) contractors must meet the<br />
confidentiality and data sharing requirements that apply to<br />
clients eligible under Title XIX medicaid programs and as<br />
specified in the chronic care management contract.<br />
Washington State Register, Issue 13-03 WSR 13-03-120<br />
(2) DSHS shares health care data with SCM and LCM<br />
contractors under the provisions of RCW 70.02.050 and the<br />
Health Insurance Portability and Accountability Act of 1996<br />
(HIPAA).<br />
(3) DSHS requires SCM and LCM contractors to monitor<br />
and evaluate participant activities and provide to the<br />
department:<br />
(a) Any client information collected; and<br />
(b) Any data compiled as the result of the program.)) (1)<br />
Qualified health home contractors must meet the confidentiality<br />
and data sharing requirements that apply to clients eligible<br />
under medicare and Title XIX medicaid programs and as<br />
specified in the health home contract.<br />
(2) The agency and the department of social and health<br />
services (DSHS) share health care data with qualified health<br />
home contractors under the provisions of RCW 70.02.050<br />
and the Health Insurance Portability and Accountability Act<br />
of 1996 (HIPAA).<br />
(3) The agency requires qualified health home contractors<br />
to monitor and evaluate participant activities and report<br />
to the agency as required by the health home contract.<br />
AMENDATORY SECTION (Amending WSR 11-14-075,<br />
filed 6/30/11, effective 7/1/11)<br />
WAC 182-557-0400 ((Chronic care management<br />
program services)) Health home—Payment. ((Only a<br />
DSHS-contracted statewide care management (SCM) and<br />
local care management (LCM) program may bill and be paid<br />
for providing the chronic care management program services<br />
described in chapter 388-557 WAC. Billing requirements and<br />
payment methodology are described in the contract between<br />
DSHS and the contractor.)) Only an agency-contracted qualified<br />
health home may bill and be paid for providing health<br />
home services described in this chapter. Billing requirements<br />
and payment methodology are described in the contract<br />
between the agency and the contractor.<br />
WSR 13-03-120<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
FISH AND WILDLIFE<br />
[Filed January 18, 2013, 4:15 p.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
17-031 on August 7, 2012.<br />
Title of Rule and Other Identifying Information: WAC<br />
220-110-085 Integration of hydraulic project approvals and<br />
forest practices applications.<br />
Hearing Location(s): Natural Resources Building,<br />
Room 175 A/B, 1111 Washington Street S.E., Olympia, WA<br />
98504, on February 27, 2013, at 1:00 p.m.<br />
Date of Intended Adoption: March 1, 2013.<br />
Submit Written Comments to: Lori Preuss, 600 Capitol<br />
Way North, Olympia, WA 98501-1091, e-mail Lori.preuss@<br />
dfw.wa.gov, fax (360) 902-2155, by February 20, 2013.<br />
[ 75 ] <strong>Proposed</strong>
WSR 13-03-120 Washington State Register, Issue 13-03<br />
Assistance for Persons with Disabilities: Contact Tami<br />
Lininger by February 20, 2013, TTY (360) 902-2207 or (360)<br />
902-2267.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: These rules will<br />
identify the procedures that the Washington department of<br />
fish and wildlife (WDFW) habitat biologists will use to<br />
review and provide concurrence determinations on specific<br />
forest practices hydraulic project types identified in 2ESSB<br />
6406 (2012). The rules direct WDFW's internal procedures<br />
only and include guidelines for the manner in which WDFW<br />
biologists will work with the department of natural resources<br />
(DNR) and applicants to help ensure that projects meet fish<br />
protection standards. The rules do not provide any legal<br />
requirements for outside entities.<br />
These rules will provide a new section within the<br />
hydraulic code rules (chapter 220-110 WAC).<br />
Reasons Supporting Proposal: This rule making was<br />
mandated by 2ESSB 6406 to fulfill one of WDFW's obligations<br />
associated with integrating the agency's hydraulic code<br />
fish protection standards into DNR's forest practices rules.<br />
Statutory Authority for Adoption: 2ESSB 6406 and<br />
RCW 77.55.361 and 76.09.490.<br />
Statute Being Implemented: 2ESSB 6406 and RCW<br />
77.55.361 and 76.09.490.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: WDFW, governmental.<br />
Name of Agency Personnel Responsible for Drafting<br />
and Implementation: Terry Jackson, 1111 Washington Street<br />
S.E., Olympia, WA 98504, (360) 902-2609; and Enforcement:<br />
Bruce Bjork, 1111 Washington Street S.E., Olympia,<br />
WA 98504, (360) 902-2373.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. This rule is a procedural<br />
rule, which affects only internal agency procedures.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. This proposal only affects internal agency procedures.<br />
It does not affect the business of external entities.<br />
January 18, 2013<br />
Lori Preuss<br />
Rules Coordinator<br />
NEW SECTION<br />
WAC 220-110-085 Integration of hydraulic project<br />
approvals and forest practices applications. (1) Description.<br />
In 1999, the Forests and Fish Report and Engrossed<br />
Substitute House Bill 2091, which amended the Forest Practices<br />
Act, chapter 76.09 RCW, envisioned a more integrated<br />
approach to permitting hydraulic projects that also require<br />
forest practices applications (FPAs). In May 2001, the forest<br />
practices board adopted permanent forest practices rules in<br />
Title 222 WAC, which incorporated fish protection measures<br />
normally included in hydraulic project approvals (HPAs) for<br />
projects in nonfish-bearing waters.<br />
In April 2012, the legislature, through Second Engrossed<br />
Substitute Senate Bill 6406, amended the Forest Practices<br />
Act in chapter 76.09 RCW and the hydraulic code statutes in<br />
chapter 77.55 RCW. The amendment requires integration of<br />
<strong>Proposed</strong> [ 76 ]<br />
hydraulic code rule fish protection standards (Title 220<br />
WAC) into the forest practices rules for hydraulic projects in<br />
fish-bearing waters on forest land. As codified in RCW<br />
77.55.361 and 76.09.040, the requirements of the hydraulic<br />
code rules will no longer apply to any forest practices hydraulic<br />
project as soon as fish protection standards have been integrated<br />
into the forest practices rules, and technical guidance<br />
has been developed and approved for inclusion in the Forest<br />
Practices Board Manual. Thereafter, forest practices<br />
hydraulic projects will be regulated under forest practices<br />
rules. The amended statutes also include a requirement that<br />
the department of fish and wildlife (department) adopt rules<br />
establishing the procedures for the concurrence review process.<br />
This process is outlined in subsection (3) of this section.<br />
(2) General review and comment on forest practices<br />
hydraulic projects.<br />
(a) The department may review and provide comments<br />
on any FPA.<br />
(b) For FPAs that include a forest practices hydraulic<br />
project involving fish-bearing waters or shorelines of the<br />
state, the department must review the forest practices hydraulic<br />
projects and either provide comments to the department of<br />
natural resources (DNR), or document that the review has<br />
occurred without the need for comments. Prior to commenting,<br />
or as soon as reasonably practicable, the department will<br />
communicate with the applicant regarding any concerns<br />
relating to consistency with fish protection standards. The<br />
department will also strive to maintain communications with<br />
DNR as concerns arise and to inform DNR of communications<br />
with applicants.<br />
(c) The department will encourage forest landowners to<br />
consult with department biologists, including site visits as<br />
needed, prior to submitting an FPA containing a hydraulic<br />
project. This will help ensure that project design plans and<br />
specifications meet fish protection standards. Preapplication<br />
collaboration with the department will result in more efficient<br />
and successful outcomes for forest landowners and their proposed<br />
hydraulic projects.<br />
In addition to the general review and comment process<br />
for forest practices hydraulic projects described in this subsection,<br />
hydraulic projects meeting the criteria described in<br />
subsection (3)(a) of this section will follow the concurrence<br />
review process.<br />
(3) Concurrence review process.<br />
(a) The department must review forest practices hydraulic<br />
projects meeting the following criteria and provide written<br />
comments to DNR on the project's ability to meet fish protection<br />
standards:<br />
(i) Culvert installation or replacement, and repair at or<br />
below the bankfull width, as that term is defined in WAC<br />
222-16-010 on July 10, 2012, in fish-bearing rivers and<br />
streams that exceed five percent gradient;<br />
(ii) Bridge construction or replacement, and repair at or<br />
below the bankfull width, of fish-bearing unconfined<br />
streams; or<br />
(iii) Fill within the flood level - 100 year, as that term is<br />
defined in WAC 222-16-010 on July 10, 2012, of fish-bearing<br />
unconfined streams.
(b) After the department receives notification from DNR<br />
that a FPA includes one or more hydraulic projects meeting<br />
the criteria in (a) of this subsection, the department has thirty<br />
days to review the forest practices hydraulic project(s) for<br />
consistency with fish protection standards.<br />
(c) Within five business days following notification from<br />
DNR, or as soon as reasonably practicable thereafter, the<br />
department will determine whether all information, needed<br />
for assessing the hydraulic project's consistency with fish<br />
protection standards, is included in the application.<br />
(d) If information is missing, the department will contact<br />
the applicant to request the missing information. The department<br />
will also provide written notification to DNR, indicating<br />
that specific information is missing and that the applicant<br />
has been notified. The department may issue a nonconcurrence<br />
on a proposed project if the applicant fails to provide<br />
missing information in time for the department to perform its<br />
thirty-day review.<br />
(e) If, during the thirty-day concurrence review period,<br />
the department determines that a forest practices hydraulic<br />
project may not be consistent with fish protection standards,<br />
the department will attempt to work with the applicant to<br />
modify the proposed project. The department will strive to<br />
include DNR participation on site visits with the applicant as<br />
needed.<br />
(f) The department must provide written notification of<br />
concurrence or nonconcurrence to DNR within the thirty-day<br />
review period, stating whether or not the hydraulic project is<br />
consistent with fish protection standards. As part of the written<br />
notification to DNR, the department must provide information<br />
about the outcomes of any meetings with the applicant,<br />
including agreements or disagreements, any missing<br />
information requested, and any proposed changes needed to<br />
meet fish protection standards.<br />
(g) The department will recommend that DNR deny the<br />
FPA when efforts described in (e) of this subsection have not<br />
resulted in a successful outcome, the project will result in<br />
direct or indirect harm to fish life, and adequate mitigation<br />
cannot be assured by modifying the hydraulic project proposal<br />
or by DNR's agreement to add appropriate provisions to<br />
the FPA.<br />
WSR 13-03-125<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
LABOR AND INDUSTRIES<br />
[Filed January 22, 2013, 11:10 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
24-068.<br />
Title of Rule and Other Identifying Information: Chapter<br />
296-104 WAC, Board of boiler rules—Substantive.<br />
Hearing Location(s): Department of Labor and Industries,<br />
950 Broadway, Suite 200, Tacoma, WA 98402, on<br />
March 27, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: April 23, 2013.<br />
Washington State Register, Issue 13-03 WSR 13-03-125<br />
Submit Written Comments to: Sally Elliott, P.O. Box<br />
44400, Olympia, WA 98504-4400, e-mail Sally.Elliott@Lni.<br />
wa.gov, fax (360) 902-5292, by 5 p.m. on March 27, 2013.<br />
Assistance for Persons with Disabilities: Contact Sally<br />
Elliott by March 13, 2013, at Sally.Elliott@Lni.wa.gov or<br />
(360) 902-6411.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The boiler program<br />
reviewed their rules for additions and revisions to<br />
ensure the rules are consistent with the national consensus<br />
standards and industry practice. The rule making will:<br />
• Adopt the current edition of the national safety standards<br />
for boiler and pressure vessels. It is critical<br />
the program adopt the current national consensus<br />
standards, as these standards are required to be used<br />
by boiler and pressure vessel manufacturers and<br />
repair organizations throughout the state. Also,<br />
these standards ensure that Washington state is consistent<br />
with other states and the same safety standards<br />
are met by boiler and pressure vessel inspectors<br />
working in other states.<br />
• Adopt language to ensure consistency with statutory<br />
requirements.<br />
Adopt amendments that have been determined to be beneficial<br />
to or requested and supported by the regulated entities<br />
or small businesses they affect. This includes:<br />
• Adopt new definitions for terms used in the industry<br />
to eliminate confusion and misinterpretation.<br />
• Adopt rules for reciprocity to accept historical boilers<br />
and pressure vessels certified in other jurisdictions<br />
to the same standards as Washington state.<br />
• Proposals to clarify the rules to improve safety and<br />
to reflect current processes, for example:<br />
o Clarify the guidelines for the appeal process.<br />
o Create guidelines for regulating pool heaters.<br />
• Proposals for general housekeeping, grammatical<br />
and reference corrections to bring the rules up to<br />
date.<br />
Reasons Supporting Proposal: See Purpose above.<br />
Statutory Authority for Adoption: RCW 70.79.030,<br />
70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350.<br />
Statute Being Implemented: Chapter 70.79 RCW.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Department of labor and industries,<br />
governmental.<br />
Name of Agency Personnel Responsible for Drafting,<br />
Implementation and Enforcement: Jose Rodriguez, Tumwater,<br />
Washington, (360) 902-6348.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. This rule is exempt<br />
from the small business economic impact statement requirement<br />
because the proposed changes will impose no more than<br />
minor costs on businesses in the affected industry and the<br />
agency was not requested to do so by the joint administrative<br />
rules review committee (see RCW 19.85.030(1)).<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
[ 77 ] <strong>Proposed</strong>
WSR 13-03-125 Washington State Register, Issue 13-03<br />
contacting Sally Elliott, P.O. Box 44400, Olympia, WA<br />
98504-4400, phone (360) 902-6411, fax (360) 902-5292, email<br />
sally.elliott@lni.wa.gov.<br />
January 22, 2013<br />
Robert E. Olson, Chair<br />
Board of Boiler Rules<br />
AMENDATORY SECTION (Amending WSR 10-06-049,<br />
filed 2/24/10, effective 4/1/10)<br />
WAC 296-104-010 Administration—What are the<br />
definitions of terms used in this chapter? "Accident" shall<br />
mean a failure of the boiler or unfired pressure vessel resulting<br />
in personal injury or property loss or an event which renders<br />
a boiler or unfired pressure vessel unsafe to return to<br />
operation.<br />
"Agriculture purposes" shall mean any act performed<br />
on a farm in production of crops or livestock, and shall<br />
include the storage of such crops and livestock in their natural<br />
state, but shall not be construed to include the processing or<br />
sale of crops or livestock.<br />
"Attendant" shall mean the person in charge of the<br />
operation of a boiler or unfired pressure vessel.<br />
"Automatic operation of a boiler" shall mean automatic<br />
unattended control of feed water and fuel in order to<br />
maintain the pressure and temperature within the limits set.<br />
Controls must be such that the operation follows the demand<br />
without interruption. Manual restart may be required when<br />
the burner is off because of low water, flame failure, power<br />
failure, high temperatures or pressures.<br />
"Board of boiler rules" or "board" shall mean the<br />
board created by law and empowered under RCW 70.79.010.<br />
"Boiler and unfired pressure vessel installation/ reinstallation<br />
permit," shall mean a permit approved by the<br />
chief inspector before starting installation or reinstallation of<br />
any boiler and unfired pressure vessel within the jurisdiction<br />
of Washington.<br />
Owner/user inspection agency's, and Washington specials<br />
are exempt from "boiler and unfired pressure vessel<br />
installation/reinstallation permit."<br />
"Boilers and/or unfired pressure vessels" - Below are<br />
definitions for types of boilers and unfired pressure vessels<br />
used in these regulations:<br />
• "Condemned boiler or unfired pressure vessel"<br />
shall mean a boiler or unfired pressure vessel that<br />
has been inspected and declared unsafe or disqualified<br />
for further use by legal requirements and appropriately<br />
marked by an inspector.<br />
"Corrosion" shall mean the destruction or deterioration<br />
of a material, that results from a reaction with<br />
its environment.<br />
• "Expansion tank" shall mean a tank used to absorb<br />
excess water pressure. Expansion tanks installed in<br />
closed water heating systems and hot water supply<br />
systems shall meet the requirements of ASME Section<br />
IV, HG-709.<br />
"Historical boilers and unfired pressure vessel"<br />
shall mean nonstandard boilers and pressure vessels<br />
including steam tractors, traction engines, hobby<br />
steam boilers, portable steam boilers, and other such<br />
<strong>Proposed</strong> [ 78 ]<br />
boilers or pressure vessels that are preserved,<br />
restored, and maintained only for demonstration,<br />
viewing, or educational purposes. They do not<br />
include miniature hobby boilers as described in<br />
RCW 70.79.070.<br />
• "Hot water heater" shall mean a closed vessel<br />
designed to supply hot water for external use to the<br />
system. All vessels must be listed by a nationally<br />
recognized testing agency and shall be protected<br />
with an approved temperature and pressure safety<br />
relief valve and shall not exceed any of the following<br />
limits:<br />
* Pressure of 160 psi (1100 kpa);<br />
* Temperature of 210 degrees F (99°C).<br />
Additional requirements:<br />
* Hot water heaters exceeding 120 gallons (454 liters)<br />
must be ASME code stamped;<br />
* Hot water heaters exceeding 200,000 Btu/hr (58.58<br />
kW) input must be ASME code stamped.<br />
"Indirect water heater" shall mean a closed vessel<br />
appliance used to heat water for use external to<br />
itself, which includes a heat exchanger used to transfer<br />
heat to water from an external source. The<br />
requirements and limits described above shall apply.<br />
• "Low pressure boiler" shall mean a steam boiler<br />
operating at a pressure not exceeding 15 psig or a<br />
boiler in which water is heated and intended for<br />
operation at pressures not exceeding 160 psig or<br />
temperatures not exceeding 250 degrees F by the<br />
direct application of energy from the combustion of<br />
fuels or from electricity, solar or nuclear energy.<br />
Low pressure boilers open to atmosphere and vacuum<br />
boilers are excluded.<br />
• "Nonstandard boiler or unfired pressure vessel"<br />
shall mean a boiler or unfired pressure vessel that<br />
does not bear marking of the codes adopted in WAC<br />
296-104-200.<br />
"Pool heaters" shall mean a gas, oil, or electric<br />
appliance that is used to heat water contained in<br />
swimming pools, spas, and hot tubs.<br />
(a) Pool heaters with energy input equivalent to<br />
399,999 Btu/hr (117.2 kW) or less shall be manufactured<br />
and certified to ANSI Z21.56, UL1261, CSA<br />
4.7 or equivalent manufacturing standards, as<br />
approved by the chief inspector, and are excluded<br />
from the limit and control devices requirements of<br />
WAC 296-104-300 through 296-104-303.<br />
(b) Pool heaters with energy input of 400,000 Btu/hr<br />
and above shall be stamped with an ASME Section<br />
IV Code symbol, and the requirements of WAC<br />
296-104-300 through 296-104-303 shall apply.<br />
(c) Pool heaters open to the atmosphere are excluded.<br />
• "Power boiler" shall mean a boiler in which steam<br />
or other vapor is generated at a pressure of more<br />
than 15 psig for use external to itself or a boiler in<br />
which water is heated and intended for operation at<br />
pressures in excess of 160 psig and/or temperatures<br />
in excess of 250 degrees F by the direct application<br />
of energy from the combustion of fuels or from electricity,<br />
solar or nuclear energy.
• "Reinstalled boiler or unfired pressure vessel"<br />
shall mean a boiler or unfired pressure vessel<br />
removed from its original setting and reset at the<br />
same location or at a new location without change of<br />
ownership.<br />
• "Rental boiler" shall mean any power or low pressure<br />
heating boiler that is under a rental contract<br />
between owner and user.<br />
• "Second hand boiler or unfired pressure vessel"<br />
shall mean a boiler or unfired pressure vessel of<br />
which both the location and ownership have<br />
changed after primary use.<br />
• "Standard boiler or unfired pressure vessel"<br />
shall mean a boiler or unfired pressure vessel which<br />
bears the marking of the codes adopted in WAC<br />
296-104-200.<br />
• "Unfired pressure vessel" shall mean a closed vessel<br />
under pressure excluding:<br />
* Fired process tubular heaters;<br />
* Pressure containers which are integral parts of components<br />
of rotating or reciprocating mechanical<br />
devices where the primary design considerations<br />
and/or stresses are derived from the functional<br />
requirements of the device;<br />
* Piping whose primary function is to transport fluids<br />
from one location to another;<br />
* Those vessels defined as low pressure heating boilers<br />
or power boilers.<br />
• "Unfired steam boiler" shall mean a pressure vessel<br />
in which steam is generated by an indirect application<br />
of heat. It shall not include pressure vessels<br />
known as evaporators, heat exchangers, or vessels in<br />
which steam is generated by the use of heat resulting<br />
from the operation of a processing system containing<br />
a number of pressure vessels, such as used in the<br />
manufacture of chemical and petroleum products,<br />
which will be classed as unfired pressure vessels.<br />
"Certificate of competency" shall mean a certificate<br />
issued by the Washington state board of boiler rules to a person<br />
who has passed the tests as set forth in WAC 296-104-<br />
050.<br />
"Certificate of inspection" shall mean a certificate<br />
issued by the chief boiler inspector to the owner/user of a<br />
boiler or unfired pressure vessel upon inspection by an<br />
inspector. The boiler or unfired pressure vessel must comply<br />
with rules, regulations, and appropriate fee payment shall be<br />
made directly to the chief boiler inspector.<br />
"Code, API-510" shall mean the Pressure Vessel<br />
Inspection Code of the American Petroleum Institute with<br />
addenda and revisions, thereto made and approved by the<br />
institute which have been adopted by the board of boiler rules<br />
in accordance with the provisions of RCW 70.79.030.<br />
"Code, ASME" shall mean the boiler and pressure vessel<br />
code of the American Society of Mechanical Engineers<br />
with addenda thereto made and approved by the council of<br />
the society which have been adopted by the board of boiler<br />
rules in accordance with the provisions of RCW 70.79.030.<br />
"Code, NBIC" shall mean the National Board Inspection<br />
Code of the National Board of Boiler and Pressure Vessel<br />
Inspectors with addenda and revisions, thereto made and<br />
Washington State Register, Issue 13-03 WSR 13-03-125<br />
approved by the National Board of Boiler and Pressure Vessel<br />
Inspectors and adopted by the board of boiler rules in<br />
accordance with the provisions of RCW 70.79.030.<br />
"Commission" shall mean an annual commission card<br />
issued to a person in the employ of Washington state, an<br />
insurance company or a company owner/user inspection<br />
agency holding a Washington state certificate of competency<br />
which authorizes them to perform inspections of boilers<br />
and/or unfired pressure vessels.<br />
"Department" as used herein shall mean the department<br />
of labor and industries of the state of Washington.<br />
"Director" shall mean the director of the department of<br />
labor and industries.<br />
"Domestic and/or residential purposes" shall mean<br />
serving a private residence or an apartment house of less than<br />
six families.<br />
"Existing installations" shall mean any boiler or<br />
unfired pressure vessel constructed, installed, placed in operation,<br />
or contracted for before January 1, 1952.<br />
"Inspection certificate" see "certificate of inspection."<br />
"Inspection, external" shall mean an inspection made<br />
while a boiler or unfired pressure vessel is in operation and<br />
includes the inspection and demonstration of controls and<br />
safety devices required by these rules.<br />
"Inspection, internal" shall mean an inspection made<br />
when a boiler or unfired pressure vessel is shut down and<br />
handholes, manholes, or other inspection openings are open<br />
or removed for examination of the interior. An external ultrasonic<br />
examination of unfired pressure vessels less than 36"<br />
inside diameter shall constitute an internal inspection.<br />
"Inspector" shall mean the chief boiler inspector, a deputy<br />
inspector, or a special inspector.<br />
• "Chief inspector" shall mean the inspector<br />
appointed under RCW 70.79.100 who serves as the<br />
secretary to the board without a vote.<br />
• "Deputy inspector" shall mean an inspector<br />
appointed under RCW 70.79.120.<br />
• "Special inspector" shall mean an inspector holding<br />
a Washington commission identified under<br />
RCW 70.79.130.<br />
"Nationwide engineering standard" shall mean a<br />
nationally accepted design method, formulae and practice<br />
acceptable to the board.<br />
"Operating permit" see "certificate of inspection."<br />
"Owner" or "user" shall mean a person, firm, or corporation<br />
owning or operating any boiler or unfired pressure vessel<br />
within the state.<br />
"Owner/user inspection agency" shall mean an owner<br />
or user of boilers and/or pressure vessels that maintains an<br />
established inspection department, whose organization and<br />
inspection procedures meet the requirements of a nationally<br />
recognized standard acceptable to the department.<br />
"Place of public assembly" or "assembly hall" shall<br />
mean a building or portion of a building used for the gathering<br />
together of 50 or more persons for such purposes as deliberation,<br />
education, instruction, worship, entertainment,<br />
amusement, drinking, or dining or waiting transportation.<br />
This shall also include child care centers (those agencies<br />
which operate for the care of thirteen or more children), public<br />
and private hospitals, nursing and boarding homes.<br />
[ 79 ] <strong>Proposed</strong>
WSR 13-03-125 Washington State Register, Issue 13-03<br />
"Special design" shall mean a design using ((nationwide))<br />
nationally or internationally recognized engineering<br />
standards other than the codes adopted in WAC 296-104-200<br />
((or other than allowed in WAC 296-104-230)).<br />
AMENDATORY SECTION (Amending WSR 09-12-033,<br />
filed 5/27/09, effective 6/30/09)<br />
WAC 296-104-018 Administration—((How are rules<br />
interpreted and revised?)) Interpretation of rules—<br />
Appeal rights—Hearings. ((Stakeholder requests for clarifications<br />
and interpretations of these rules shall be made to the<br />
chief inspector in writing upon the form furnished by the<br />
chief inspector located on the boiler program web site. Interpretations<br />
will be brought to the board in the same manner if<br />
the inquirer is aggrieved by the interpretation of the chief<br />
inspector (RCW 70.79.360). For board consideration the<br />
form must be submitted to the department of labor and industries<br />
forty-five days prior to the board of boiler rules meeting<br />
date. Forms may also be requested by contacting the department.))<br />
(1) Any person desiring clarification or interpretation<br />
and/or application of the rules in this chapter shall submit a<br />
request in writing to the chief inspector upon the "chief<br />
inspector clarification and interpretation request form." The<br />
chief inspector shall issue a written decision responding to<br />
such a request.<br />
(2) Any person who disputes the interpretation and/or<br />
application of the rule(s) by the chief inspector may ask the<br />
board of boiler rules (board) for its interpretation. Such<br />
requests must:<br />
(a) Be submitted in writing to the board upon the "board<br />
of boiler rules interpretation and revision request form";<br />
(b) Be received by the secretary to the board (the chief<br />
inspector) within thirty days after the date on which the chief<br />
inspector's written decision was served on the person making<br />
the request; and<br />
(c) Be received by the secretary at least forty-five days<br />
before the board meeting date for inclusion at the next regularly<br />
scheduled board meeting. Otherwise, the request will<br />
be heard and considered at the following board meeting.<br />
At the meeting, the board will affirm, modify or revoke<br />
the department's interpretation and a written order reflecting<br />
the board's decision will be issued by the chair.<br />
(3) A party may seek judicial review of a final order of<br />
the board within thirty days after service of the order, in<br />
accordance with RCW 34.05.542.<br />
(4) Any person, firm, partnership, corporation, or other<br />
entity wishing to appeal a penalty issued under chapter 70.79<br />
RCW or this chapter must file a written notice of appeal with<br />
the chief boiler inspector within twenty days after the date on<br />
which the notice of the penalty was served on the assessed<br />
party. In the hearing of the appeal, the department has the<br />
burden of proof by a preponderance of the evidence. At the<br />
hearing, the board will decide the appropriateness of the penalty<br />
and may either affirm, modify or overturn the assessment.<br />
The parties shall prepare and submit an order reflecting<br />
the board's decision to the chair of the board.<br />
(5) Except as provided in chapter 70.79 RCW and this<br />
chapter, all proceedings before the board and the courts will<br />
be conducted according to chapter 34.05 RCW, Administra-<br />
<strong>Proposed</strong> [ 80 ]<br />
tive Procedure Act and chapter 10-08 WAC, Model rules of<br />
procedure.<br />
AMENDATORY SECTION (Amending WSR 99-22-026,<br />
filed 10/26/99, effective 11/26/99)<br />
WAC 296-104-025 Administration—What are the<br />
notification and reporting requirements following an<br />
accident involving a boiler or pressure vessel? When an<br />
accident occurs which renders a boiler or unfired pressure<br />
vessel inoperative, the owner or user shall notify the chief<br />
inspector, and submit a detailed report of the accident. In<br />
cases of accidents, such as explosions or those resulting in<br />
personal injury, notice to the chief inspector shall be given<br />
immediately by telephone or electronic means designed to<br />
assure its earliest possible receipt. Neither the boiler or<br />
unfired pressure vessel nor any parts thereof shall be removed<br />
or disturbed before an inspection has been made by the chief<br />
inspector, or his designee except for the purpose of saving<br />
life or limiting consequential damage. The inspector making<br />
the investigation and inspection shall report to the chief<br />
inspector as soon as possible. The boiler or pressure vessel<br />
owner shall be responsible for all costs of the department's<br />
investigation.<br />
AMENDATORY SECTION (Amending WSR 04-21-069,<br />
filed 10/19/04, effective 1/1/05)<br />
WAC 296-104-140 Inspection—How should a state<br />
((stamp)) number be assigned and applied? Upon completion<br />
of the installation, all boilers and unfired pressure vessels<br />
shall be inspected by an inspector as defined in WAC ((296-<br />
104-010)) 296-104-100. At the time of this inspection, each<br />
boiler or unfired pressure vessel shall be marked with a serial<br />
number of the state of Washington followed by the letter<br />
"W." The marking should be conspicuously located and as<br />
close as possible to the boiler or unfired pressure vessel<br />
nameplate.<br />
All boilers and unfired pressure vessels granted a Washington<br />
state special ((numbers when assigned by the chief<br />
inspector)) by the board of boiler rules shall ((be)) have a<br />
serial number of the state of Washington followed by the letters<br />
"WS." This number shall be assigned by the chief<br />
inspector.<br />
Washington numbers assigned by the chief inspector for<br />
historical boilers and pressure vessels from outside the jurisdiction<br />
shall be a serial number of the state of Washington<br />
followed by the letters "WH."<br />
All rental boilers used in the state of Washington shall be<br />
marked with the serial number of the state of Washington followed<br />
by the letters "WR." This will indicate that the boiler is<br />
a rental unit.<br />
The state of Washington markings, numbers and letters,<br />
referenced above, shall not be less than 5/16 inches in height<br />
and shall not be concealed by lagging or paint and shall be<br />
exposed at all times.
AMENDATORY SECTION (Amending WSR 09-12-033,<br />
filed 5/27/09, effective 6/30/09)<br />
WAC 296-104-200 Construction—What are the<br />
standards for new construction? The standards for new<br />
construction are:<br />
(1) ASME Boiler and Pressure Vessel Code, ((2007))<br />
current edition, ((with addenda)) Sections I, III, IV, VIII,<br />
Division 1, 2, 3, X, XII;<br />
(2) ASME PVHO-1 ((2007)) Safety Standard for Pressure<br />
Vessels for Human Occupancy, current edition; and<br />
(3) Standards of construction approved by the chief<br />
inspector and meeting the National Board Criteria for Registration<br />
of Boilers, Pressure Vessels and Other Pressure<br />
Retaining Items.<br />
These codes and standards may be used on or after the<br />
date of issue and become mandatory twelve months after<br />
adoption by the board as specified in RCW 70.79.050(2).<br />
ASME Code Cases may be approved for use when accepted<br />
by the chief inspector. The board recognizes that the ASME<br />
Code states that new editions of the code become mandatory<br />
((on issue and that subsequent addenda become mandatory))<br />
six months after the date of issue. For nuclear systems, components<br />
and parts the time period for addenda becoming<br />
mandatory is defined in the Code of Federal Regulations.<br />
AMENDATORY SECTION (Amending WSR 09-12-033,<br />
filed 5/27/09, effective 6/30/09)<br />
WAC 296-104-205 Construction—What are the<br />
requirements for nonstandard new construction? ((Those<br />
boilers and unfired pressure vessels that are exempted by the<br />
codes adopted in WAC 296-104-200 due to volume, temperature<br />
or pressure requirements, and are not to be constructed<br />
to those codes, must be certified to a nationally recognized<br />
testing agency or constructed to WAC 296-104-230. See<br />
WAC 296-104-316 for safety pressure relief devices.<br />
Other)) Nonstandard boilers and unfired pressure vessels<br />
that are not to be constructed to the codes adopted in WAC<br />
296-104-200 may be treated as special designs at the discretion<br />
of the board. Nonstandard construction shall not be permitted<br />
to avoid standard construction.<br />
AMENDATORY SECTION (Amending WSR 05-22-092,<br />
filed 11/1/05, effective 1/1/06)<br />
WAC 296-104-210 Construction—What are the<br />
requirements for construction of boilers and unfired<br />
pressure vessels of special design? Boilers and unfired pressure<br />
vessels of special design require a special certificate<br />
granted by the board of boiler rules. At a minimum the following<br />
information shall be supplied to obtain board<br />
approval for special designs: Construction drawings, design<br />
calculations, material specifications, and a ((Washington<br />
state)) written evaluation by a professional ((engineer's evaluation<br />
of the design)) engineer knowledgeable with boilers<br />
and unfired pressure vessels. Upon board approval a Washington<br />
special number will be assigned by the chief inspector.<br />
The installation will be subject to the regular inspections<br />
required by WAC 296-104-100 and any additional conditions<br />
as required by the board.<br />
Washington State Register, Issue 13-03 WSR 13-03-125<br />
AMENDATORY SECTION (Amending WSR 00-21-024,<br />
filed 10/10/00, effective 11/13/00)<br />
WAC 296-104-215 Construction—What are the<br />
requirements to use nonstandard boilers and unfired<br />
pressure vessels ((constructed prior to January 1, 1952))<br />
other than historical boilers and pressure vessels? Nonstandard<br />
boilers and unfired pressure vessels ((constructed<br />
prior to January 1, 1952)), other than historical boilers and<br />
pressure vessels may be used provided they have not been<br />
moved from their original setting since January 1, 1952.<br />
AMENDATORY SECTION (Amending WSR 05-22-092,<br />
filed 11/1/05, effective 1/1/06)<br />
WAC 296-104-220 Construction—What are the<br />
requirements to use nonstandard second hand boilers and<br />
unfired pressure vessels, other than historical boilers and<br />
pressure vessels? Nonstandard second hand boilers and<br />
unfired pressure vessels constructed after January 1, 1952,<br />
cannot be used in this state without prior approval of the<br />
board of boiler rules. At a minimum the following information<br />
shall be supplied to obtain board approvals: Construction<br />
drawings, photographs, operating and inspection history,<br />
design calculations, ((and a Washington state professional))<br />
an engineer's evaluation of the design and present condition((.<br />
Upon board approval a Washington special number<br />
will be assigned by the chief inspector. The installation will<br />
be subject to the regular inspections required by WAC 296-<br />
104-100 and any additional conditions as required by)) and<br />
any additional requirements of the board.<br />
NEW SECTION<br />
WAC 296-104-226 Construction—What are the<br />
requirements to use historical boilers and pressure vessels?<br />
Historical boilers and pressure vessels not previously<br />
registered may be used in this state provided they meet all the<br />
requirements for historical boilers in the National Board<br />
Inspection Code and have prior approval of the board of<br />
boiler rules.<br />
Historical boilers and pressure vessels from outside the<br />
jurisdiction can be used subject to the approval of the chief<br />
inspector, provided they have been registered in another<br />
national board jurisdiction and have been inspected and<br />
maintained in accordance with all requirements for historical<br />
boilers in the National Board Inspection Code.<br />
The object will be subject to regular periodic inspections<br />
as required in WAC 296-104-100.<br />
AMENDATORY SECTION (Amending WSR 04-21-069,<br />
filed 10/19/04, effective 1/1/05)<br />
WAC 296-104-303 Installation—What control and<br />
limit devices are required on automatically fired boilers<br />
after December 2004? In addition to those requirements<br />
listed in WAC 296-104-302, the following are also required<br />
with regard to installations or refits of gas, oil, or combinations<br />
of gas or oil:<br />
(1) All automatically fired boilers with input greater than<br />
400,000 Btu/hr, including electric boilers with input greater<br />
[ 81 ] <strong>Proposed</strong>
WSR 13-03-125 Washington State Register, Issue 13-03<br />
than 117 kW shall have a manually operated remote shutdown<br />
switch or circuit breaker. The shutdown switch should<br />
be located just outside the boiler room door and marked for<br />
easy identification. Consideration should be given to the type<br />
and location of the switch to safeguard against tampering. If<br />
the boiler room door is on the building exterior, the switch<br />
should be located just inside the door. If there is more than<br />
one door to the boiler room, there should be a switch located<br />
at each door.<br />
(2) A means shall be provided for testing the operation of<br />
hot water heating boiler low-water fuel cutoff(s) without<br />
resorting to draining the entire system. Such means shall not<br />
render the device(s) inoperable. If the means temporarily isolates<br />
the device from the boiler during testing, it shall automatically<br />
return to its normal position.<br />
AMENDATORY SECTION (Amending WSR 04-01-194,<br />
filed 12/24/03, effective 1/24/04)<br />
WAC 296-104-316 Installation—What safety pressure<br />
relief devices are required on boilers and unfired<br />
pressure vessels? All boilers and unfired pressure vessels,<br />
including pressure retaining items listed in RCW 70.79.090<br />
(5), shall be safeguarded by safety ((valves, safety relief<br />
valves, or rupture discs)) pressure relief devices as specified<br />
in the applicable ASME Code or recognized standard. The<br />
pressure relieving device set pressure shall not exceed the<br />
boiler's or the unfired pressure vessel's maximum allowable<br />
working pressure unless allowed by the code of construction.<br />
These pressure relieving devices shall be installed per the<br />
applicable ASME Code or manufacturer's requirements. The<br />
outlet of the relief valve shall be run full size to a safe place<br />
and shall not induce undue stress on the valve. As an alternative<br />
they may be safeguarded by a fail safe pressure relief<br />
control system that is evaluated by a professional engineer<br />
knowledgeable with boilers and pressure vessels((, licensed<br />
by the state of Washington,)) and accepted by the chief<br />
inspector.<br />
AMENDATORY SECTION (Amending WSR 12-09-057,<br />
filed 4/17/12, effective 6/30/12)<br />
WAC 296-104-700 What are the inspection fees—<br />
Examination fees—Certificate fees—Expenses? The following<br />
fees shall be paid by, or on behalf of, the owner or<br />
user upon the completion of the inspection. The inspection<br />
fees apply to inspections made by inspectors employed by the<br />
state.<br />
Boiler and pressure vessel installation/reinstallation permit<br />
(excludes inspection and certificate of inspection fee):<br />
$50.00.<br />
Certificate of inspection fees: For objects inspected, the<br />
certificate of inspection fee per object is $21.50.<br />
Hot water heaters per RCW 70.79.090, inspection fee:<br />
$6.70.<br />
Heating boilers:<br />
Internal External<br />
Cast iron—All sizes<br />
All other boilers less than 500<br />
$36.30 $29.00<br />
sq. ft. $36.30 $29.00<br />
<strong>Proposed</strong> [ 82 ]<br />
500 sq. ft. to 2500 sq. ft.<br />
Each additional 2500 sq. ft.<br />
of total heating surface,<br />
$72.40 $36.30<br />
or any portion thereof $29.00 $14.20<br />
Power boilers: Internal External<br />
Less than 100 sq. ft.<br />
100 sq. ft. to less than<br />
$36.30 $29.00<br />
500 sq. ft. $43.90 $29.00<br />
500 sq. ft. to 2500 sq. ft.<br />
Each additional 2500 sq. ft. of<br />
total heating surface, or<br />
$72.40 $36.30<br />
any portion thereof<br />
Pressure vessels:<br />
Square feet shall be determined<br />
by multiplying the length<br />
of the shell by its diameter.<br />
$29.00 $14.20<br />
Internal External<br />
Less than 15 sq. ft. $29.00 $21.50<br />
15 sq. ft. to less than 50 sq.<br />
ft.<br />
$43.00 $21.50<br />
50 sq. ft. to 100 sq. ft.<br />
For each additional 100 sq.<br />
ft. or any portion<br />
$50.10 $29.00<br />
thereof $50.10 $14.20<br />
Nonnuclear shop inspections, field construction inspections,<br />
and special inspection services:<br />
For each hour or part of an<br />
hour up to 8 hours $43.90<br />
For each hour or part of an<br />
hour in excess of 8<br />
hours $65.50<br />
Nuclear shop inspections, nuclear field construction inspections,<br />
and nuclear triennial shop survey and audit:<br />
For each hour or part of an<br />
hour up to 8 hours $65.50<br />
For each hour or part of an<br />
hour in excess of 8<br />
hours $102.40<br />
Nonnuclear triennial shop survey and audit:<br />
When state is authorized inspection agency:<br />
For each hour or part of an<br />
hour up to 8 hours $43.90<br />
For each hour or part of an<br />
hour in excess of 8<br />
hours $65.50<br />
When insurance company is authorized inspection<br />
agency:<br />
For each hour or part of an<br />
hour up to 8 hours $65.50<br />
For each hour or part of an<br />
hour in excess of 8<br />
hours $102.40
Examination fee: A fee of $81.00 will be charged for<br />
each applicant sitting for an inspection examination(s).<br />
Special inspector commission: ((An initial)) A fee of<br />
(($27.40 and an)) $43.80 for initial work card. A fee of<br />
$27.30 for annual renewal ((fee of $10.90 along with an<br />
annual work card fee of $16.40)).<br />
If a special inspector changes companies: A work card<br />
fee of $43.80.<br />
Expenses shall include:<br />
Travel time and mileage: The department shall charge<br />
for its inspectors' travel time from their offices to the<br />
inspection sites and return. The travel time shall be<br />
charged for at the same rate as that for the inspection,<br />
audit, or survey. The department shall also charge the<br />
current Washington office of financial management<br />
accepted mileage cost fees or the actual cost of purchased<br />
transportation. Hotel and meals: Actual cost not<br />
to exceed the office of financial management approved<br />
rate.<br />
Requests for Washington state specials and extensions of<br />
inspection frequency: For each vessel to be considered<br />
by the board, a fee of $407.40 must be paid to the department<br />
before the board meets to consider the vessel. The<br />
board may, at its discretion, prorate the fee when a number<br />
of vessels that are essentially the same are to be considered.<br />
REPEALER<br />
The following sections of the Washington Administrative<br />
Code are repealed:<br />
WAC 296-104-230 Construction—What are the<br />
testing requirements for new<br />
boilers or unfired pressure<br />
vessels exempted from code<br />
requirements for volume,<br />
pressure or temperature?<br />
WAC 296-104-235 Construction—What are the<br />
requirements for code<br />
exempted boiler and unfired<br />
pressure vessel safety relief<br />
valves?<br />
WAC 296-104-330 Installation—What are the<br />
relief or safety valve requirements<br />
when pressure reducing<br />
valves are used?<br />
Original Notice.<br />
WSR 13-03-126<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
LABOR AND INDUSTRIES<br />
[Filed January 22, 2013, 11:14 a.m.]<br />
Washington State Register, Issue 13-03 WSR 13-03-126<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
23-074.<br />
Title of Rule and Other Identifying Information: Chapter<br />
296-15 WAC, Workers' compensation self-insurance<br />
rules and regulations, SSB 5801 (chapter 6, Laws of 2011), as<br />
it amends RCW 51.36.010, directs the department of labor<br />
and industries (L&I) to establish a statewide health care provider<br />
network to treat injured and ill workers and to expand<br />
the Centers for Occupational Health and Education in the<br />
workers' compensation system. Rules are necessary to<br />
implement these changes. Self-insured employers are<br />
included within the network provisions in SSB 5801. This<br />
rule-making process is to clarify the self-insured employers'<br />
requirements.<br />
Hearing Location(s): L&I, Tumwater Building, Room<br />
S117, 7273 Linderson Way S.W., Tumwater, WA 98501, on<br />
February 27, 2013, at 12:30 p.m.<br />
Date of Intended Adoption: April 9, 2013.<br />
Submit Written Comments to: Jami Lifka, P.O. Box<br />
44321, Olympia, WA 98501, or e-mail Jami.Lifka@Lni.wa.<br />
gov, or fax (360) 902-6315, and are received no later than 5<br />
p.m., February 27, 2013.<br />
Assistance for Persons with Disabilities: Contact office<br />
of information and assistance by February 1, 2013,<br />
TTY (360) 902-5797 or (360) 902-4941.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: An amendment to<br />
WAC 296-15-330 is being proposed to ensure that department<br />
rules for self-insured employers related to medical care<br />
are consistent with and include reference to the statewide<br />
health care provider network established in SSB 5801.<br />
The subject of this fourth rule making is to specify the<br />
requirements of self-insured employers to ensure their workers<br />
receive the information necessary to access care within<br />
the health care provider network.<br />
Statutory Authority for Adoption: RCW 51.36.010,<br />
51.04.020, and 51.04.030.<br />
Statute Being Implemented: RCW 51.36.010.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Governor Gregoire, 2011 legislators,<br />
the governor's interim workgroup made up of representatives<br />
of state fund and self-insured businesses and workers,<br />
and L&I, private, public and governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Natalee Fillinger, Program Manager Self-Insurance, (360)<br />
902-6907; Implementation: Leah Hole-Curry, Medical<br />
Administrator, Office of the Medical Director, (360) 902-<br />
4996; and Enforcement: Vickie Kennedy, Assistant Director,<br />
Insurance Services, (360) 902-4997.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. This rule making<br />
applies only to self-insured employers. The department did<br />
not prepare a small business economic impact statement<br />
because it determined that the proposed rules will not have a<br />
disproportionate impact on small businesses.<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
contacting Leah Hole-Curry, L&I, P.O. Box 44321, Olympia,<br />
[ 83 ] <strong>Proposed</strong>
WSR 13-03-132 Washington State Register, Issue 13-03<br />
WA 98504-4321, phone (360) 902-4996, fax (360) 902-<br />
6315, e-mail Leah.Hole-Curry@Lni.wa.gov.<br />
January 22, 2013<br />
Joel Sacks<br />
Director<br />
AMENDATORY SECTION (Amending WSR 06-06-066,<br />
filed 2/28/06, effective 4/1/06)<br />
WAC 296-15-330 Authorization of medical care.<br />
What are the requirements for authorization of medical<br />
care? Every self-insurer must:<br />
(1) Authorize treatment and pay bills in accordance with<br />
Title 51 RCW and the medical aid rules and fee schedules of<br />
the state of Washington.<br />
(2) Provide a written explanation of benefits (EOB) to<br />
the provider, with a copy to the worker if requested, for each<br />
bill adjustment. A written explanation is not required if the<br />
adjustment was made solely to conform to the maximum<br />
allowable fees as set by the department.<br />
(3) Establish procedures to ensure prompt responses to<br />
inquiries regarding authorization decisions and bill adjustments.<br />
(4) Comply with the requirements of the health care provider<br />
network. This includes:<br />
(a) Utilizing only those providers approved for the provider<br />
network, except when the provider specialty or geographic<br />
location is not yet covered by the network;<br />
(b) Providing information to workers about the requirement<br />
for providers to be enrolled in the network in order to<br />
treat injured workers and information on how a worker can<br />
find network providers. This information must be included in<br />
publications used by self-insurers to comply with WAC 296-<br />
15-400 (2)(a);<br />
(c) Ensuring, when applicable, that only network providers<br />
are paid for care after the initial office or emergency room<br />
visit; and<br />
(d) Promptly assisting workers who are being treated by<br />
a nonnetwork provider to transfer their care to a network provider<br />
of their choice; including, at a minimum, notification to<br />
the worker within forty-five days of receipt of the first bill<br />
from a nonnetwork provider that the provider will not be paid<br />
for treatment beyond the initial visit on the claim and information<br />
about how to find network providers.<br />
WSR 13-03-132<br />
PROPOSED RULES<br />
PROFESSIONAL EDUCATOR<br />
STANDARDS BOARD<br />
[Filed January 22, 2013, 12:48 p.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 11-<br />
14-105.<br />
Title of Rule and Other Identifying Information:<br />
Amends WAC 181-79A-211, to require three year teaching<br />
experience for a candidate for principal certification.<br />
<strong>Proposed</strong> [ 84 ]<br />
Hearing Location(s): Best Western Plus, 714 Lakeway<br />
Drive, Bellingham, WA 98229, on March 7, 2013, at 8:30<br />
a.m.<br />
Date of Intended Adoption: March 7, 2013.<br />
Submit Written Comments to: David Brenna, Legislative<br />
and Policy Coordinator, P.O. Box 47236, Olympia, WA<br />
98504, e-mail david.brenna@k12.wa.us, fax (360) 586-4548,<br />
by March 1, 2013.<br />
Assistance for Persons with Disabilities: Contact David<br />
Brenna by Match [March] 1, 2013, TTY (360) 664-3631 or<br />
(360) 725-6238.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: Currently, candidate[s]<br />
are required to have classroom experience for principal<br />
preparation entrance. This amendment specifies that<br />
three years are required.<br />
Reasons Supporting Proposal: Stakeholder support.<br />
Statutory Authority for Adoption: RCW 28A.410.210.<br />
Statute Being Implemented: RCW 28A.410.270.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Professional educator standards<br />
board, governmental.<br />
Name of Agency Personnel Responsible for Drafting,<br />
Implementation and Enforcement: David Brenna, P.O. Box<br />
42736 [47236], Olympia, WA 98504, (360) 725-6238.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. The proposed amendment<br />
does not have an impact on small business and therefore<br />
does not meet the requirements for a statement under RCW<br />
19.85.030 (1) or (2).<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
contacting David Brenna, P.O. Box 47236, Olympia, WA<br />
98504, phone (360) 725-6238, fax (360) 586-3631, e-mail<br />
david.brenna@k12.wa.us.<br />
January 22, 2013<br />
David Brenna<br />
Senior Policy Analyst<br />
AMENDATORY SECTION (Amending WSR 11-15-038,<br />
filed 7/13/11, effective 8/13/11)<br />
WAC 181-79A-211 Academic and experience<br />
requirements for certification—Administrators. Candidates<br />
for the respective administrative certificate shall complete<br />
the following requirements in addition to those set forth<br />
in WAC 181-79A-150 and 181-79A-213.<br />
(1) Superintendent.<br />
(a) Initial.<br />
(i) The candidate shall hold an approved master's degree<br />
and have completed subsequent to the baccalaureate degree<br />
at least forty-five quarter credit hours (thirty semester credit<br />
hours) of graduate level course work in education.<br />
(ii) The candidate shall hold a valid teacher, educational<br />
staff associate, program administrator or principal certificate;<br />
excluding certificates issued under WAC 181-79A-231, or<br />
comparable out-of-state certificates.
(b) Continuing.<br />
(i) The candidate shall hold an approved master's degree<br />
and have completed subsequent to the baccalaureate degree<br />
at least sixty quarter credit hours (forty semester credit hours)<br />
of graduate level course work in education or shall hold a<br />
doctorate in education.<br />
(ii) The candidate shall hold a valid teacher, educational<br />
staff associate, program administrator or principal certificate;<br />
excluding certificates issued under WAC 181-79A-231, or<br />
comparable out-of-state certificates.<br />
(iii) Candidates applying for continuing superintendent's<br />
certificate shall provide documentation of one hundred eighty<br />
days or full-time equivalent or more employment in the<br />
respective role with an authorized employer—i.e., school district,<br />
educational service district, state agency, college or university,<br />
private school, or private school system—and at least<br />
thirty days of such employment with the same employer.<br />
(2) Principal.<br />
(a) Initial.<br />
(i) The candidate shall hold an approved master's degree<br />
and have completed an approved program for the preparation<br />
of principals.<br />
(ii) The candidate shall have documented successful<br />
school-based experience in an instructional role with students.<br />
(b) Residency.<br />
(i) The candidate shall hold an approved master's degree.<br />
(ii) The candidate shall have three years of documented<br />
successful school-based experience in an instructional role<br />
with students.<br />
(iii) The candidate shall have or have held:<br />
(A) A valid teacher's certificate, excluding certificates<br />
issued under WAC 181-79A-231; or<br />
(B) A valid education staff associate certificate, excluding<br />
certificates issued under WAC 181-79A-231.<br />
(iv) Persons whose teacher of educational staff associate<br />
certificates were revoked, suspended or surrendered are not<br />
eligible for principals certificates.<br />
(c) Continuing.<br />
(i) The candidate who holds a valid initial principal's certificate<br />
issued prior to August 31, 1998, shall hold an<br />
approved master's degree and completed subsequent to the<br />
baccalaureate degree at least forty-five hours (thirty semester<br />
hours) of graduate level course work in education or shall<br />
hold a doctorate in education.<br />
(ii) The candidate who applies on or after August 31,<br />
1998, shall hold a valid initial principal's certificate, an<br />
approved master's degree and shall have completed at least<br />
fifteen quarter (ten semester) credit hours of graduate course<br />
work offered by a college or university with a state approved<br />
principal program or one hundred fifty clock hours of study,<br />
which meet the state continuing education clock hour criteria<br />
pursuant to chapter 181-85 WAC, or a combination of credits<br />
and clock hours equivalent to the above. Such study shall:<br />
(A) Be based on the principal performance domains<br />
included in WAC 181-78A-270 (2)(a) or (b);<br />
Washington State Register, Issue 13-03 WSR 13-03-132<br />
(B) Be taken subsequent to the issuance of the initial<br />
principal's certificate; and<br />
(C) Be determined in consultation with and approved by<br />
the candidate's employer or the administrator of a state<br />
approved principal preparation program.<br />
(iii) Provided, That a candidate who held a valid initial<br />
principal's certificate on August 31, 1998, may meet the academic<br />
requirement for the continuing certificate described in<br />
WAC 181-79A-211 (2)(c)(i), if the candidate meets requirements<br />
for and applies for the continuing certificate by the<br />
expiration date on that initial certificate.<br />
(iv) The candidate must meet requirements for a principal's<br />
certificate pursuant to WAC 181-79A-150(4).<br />
(v) Candidates applying for continuing principal's certificate<br />
shall provide documentation of one hundred eighty days<br />
or full-time equivalent or more employment in the respective<br />
role with an authorized employer—i.e., school district, educational<br />
service district, state agency, college or university,<br />
private school, or private school system—and at least thirty<br />
days of such employment with the same employer. Candidates<br />
applying for the continuing principal's certificate on or<br />
after August 31, 1998, shall provide documentation of three<br />
contracted school years of full-time employment as a principal<br />
or assistant principal.<br />
(vi) Provided, That a candidate who held a valid initial<br />
principal's certificate on August 31, 1998, may meet the one<br />
hundred-eighty day experience requirement described in<br />
WAC 181-79A-211 (2)(c)(v), if that candidate meets requirements<br />
and applies for the continuing certificate by the expiration<br />
date on that initial certificate.<br />
(d) Professional certificate.<br />
(i) The candidate shall have completed an approved professional<br />
certificate program.<br />
(ii) The candidate shall have documentation of three contracted<br />
school years of employment as a principal or assistant<br />
principal.<br />
(3) Program administrator.<br />
(a) Initial.<br />
The candidate shall hold an approved master's degree<br />
and have completed subsequent to the baccalaureate degree<br />
at least twenty-four quarter credit hours (sixteen semester<br />
credit hours) of graduate level course work in education.<br />
(b) Residency certificate.<br />
The candidate shall hold an approved master's degree<br />
and have completed an approved program for the preparation<br />
of program administrators.<br />
(c) Continuing.<br />
(i) The candidate shall hold a valid initial program<br />
administrator's certificate, an approved master's degree and<br />
have completed subsequent to the baccalaureate degree at<br />
least thirty quarter credit hours (twenty semester credit hours)<br />
of graduate level course work in education or shall hold a<br />
doctorate in education.<br />
(ii) Candidates applying for continuing program administrator's<br />
certificate shall provide documentation of one hundred<br />
eighty days or full-time equivalent or more employment<br />
in the respective role with an authorized employer—i.e.,<br />
school district, educational service district, state agency, college<br />
or university, private school, or private school system—<br />
[ 85 ] <strong>Proposed</strong>
WSR 13-03-135 Washington State Register, Issue 13-03<br />
and at least thirty days of such employment with the same<br />
employer.<br />
(d) Professional certificate.<br />
The candidate shall have completed an approved professional<br />
certificate program.<br />
WSR 13-03-135<br />
PROPOSED RULES<br />
WASHINGTON STATE UNIVERSITY<br />
[Filed January 23, 2013, 8:37 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
19-089.<br />
Title of Rule and Other Identifying Information: Chapter<br />
504-31 WAC, Conduct on campus code.<br />
Hearing Location(s): Lighty 405, WSU Pullman, Pullman,<br />
Washington, on February 28, 2013, at 4:00 p.m.<br />
Date of Intended Adoption: March 22, 2013.<br />
Submit Written Comments to: Ralph Jenks, Rules Coordinator,<br />
P.O. Box 641225, Pullman, WA 99164-1225, e-mail<br />
prf.forms@wsu.edu, fax (509) 335-3969, by February 28,<br />
2013.<br />
Assistance for Persons with Disabilities: Contact Deborah<br />
Bartlett, (509) 335-2005, by February 26, 2013.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The university is<br />
adopting rules regarding conduct on campus that will be<br />
applicable to the university community.<br />
Statutory Authority for Adoption: RCW 28B.30.150.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Washington State University.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Sharyl Kammerzell, Director, Legal Affairs, Special Counsel<br />
to the President, French Administration 422, Pullman, WA<br />
99164-1048, (509) 335-4200; Implementation: Roger Patterson,<br />
Vice-President, Business and Finance, French Administration<br />
442, Pullman, WA 99164-1045, (509) 335-5524; and<br />
Enforcement: William Gardner, Chief, WSU Police Department,<br />
1535 N.E. Wilson Road, Pullman, WA 99164-7300,<br />
(509) 335-8548.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. The rule has no impact<br />
on small business.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. The university does not consider this rule to be a<br />
significant legislative rule.<br />
January 23, 2013<br />
Ralph T. Jenks<br />
Chapter 504-31 WAC<br />
CONDUCT ON CAMPUS CODE<br />
NEW SECTION<br />
WAC 504-31-010 General policy. It is the policy of<br />
Washington State University to support and promote each<br />
<strong>Proposed</strong> [ 86 ]<br />
individual's right to express their views and opinions for or<br />
against actions or ideas in which the individual has an interest,<br />
to associate freely with others, and to assemble peacefully.<br />
The above rights exist in equal measure for each member<br />
of the university community. They exist regardless of the<br />
professional stature or rank of the individual and regardless<br />
of the degree of acceptability among others of the views or<br />
opinions advocated. Each individual has an obligation to<br />
respect the rights of all members of the university community.<br />
This rule shall be read and applied together with any<br />
other applicable university policies and rules, in the event of<br />
a conflict more specific provisions shall take precedence.<br />
WAC 504-35-150 shall apply to violations of this rule.<br />
NEW SECTION<br />
WAC 504-31-020 Prohibited conduct. In order to<br />
assure the above rights to all members of the university community<br />
and to maintain a peaceful atmosphere in which the<br />
university may continue to make its unique contribution to<br />
society, the following types of conduct are hereby prohibited<br />
on or in property either owned, controlled, or operated by the<br />
university which is used or set aside for university purposes,<br />
hereinafter referred to as the university campus:<br />
(1) Conduct that intentionally and substantially obstructs<br />
or disrupts teaching or freedom of movement or other lawful<br />
activities on the university campus;<br />
(2) Physical abuse of any person or conduct that unlawfully<br />
threatens imminent bodily harm or endangers the health<br />
or safety of any person on the university campus;<br />
(3) Malicious damage to or malicious misuse of university<br />
property, or the property of any person where such property<br />
is located on the university campus;<br />
(4) Refusal to comply with any lawful order to leave the<br />
university campus or any portion thereof;<br />
(5) Possession or use of firearms, explosives, dangerous<br />
chemicals or other dangerous weapons or instrumentalities<br />
on the university campus. This prohibition does not apply to<br />
possession of such items for authorized university purposes;<br />
possession of such items by authorized law enforcement officers;<br />
individuals who have obtained prior written approval<br />
from the university chief of police, president, or designee; or<br />
lawful possession of firearms by persons other than students<br />
in privately owned vehicles while on any university campus.<br />
(6) Unlawful possession, use, distribution, or manufacture<br />
of alcohol or controlled substances on the university<br />
campus or during university-sponsored activities;<br />
(7) Intentionally inciting others to engage immediately<br />
in any of the conduct prohibited herein, which incitement<br />
leads directly to such conduct. (Inciting is advocacy that prepares<br />
the group addressed for imminent action and steels it to<br />
the conduct prohibited herein.)
WSR 13-03-138<br />
PROPOSED RULES<br />
OFFICE OF<br />
INSURANCE COMMISSIONER<br />
[Insurance Commissioner Matter No. R 2012-17—Filed January 23, 2013,<br />
9:52 a.m.]<br />
Supplemental Notice to WSR 13-03-041.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
12-064.<br />
Title of Rule and Other Identifying Information: Essential<br />
health benefits designation, supplementation and establishment<br />
of scope and limitation requirements.<br />
Hearing Location(s): Training Room, T-120, 5000 Capitol<br />
Way South, Tumwater, WA, on March 12, 2013, at 10:00<br />
a.m.<br />
Date of Intended Adoption: March 13, 2013.<br />
Submit Written Comments to: Meg L. Jones, P.O. Box<br />
40258, Olympia, WA 98504, e-mail rulescoordinator@oic.<br />
wa.gov, fax (360) 586-3109, by March 11, 2013.<br />
Assistance for Persons with Disabilities: Contact Lorie<br />
Villaflores by March 10, 2013, TTY (360) 586-0241 or (360)<br />
725-7087.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The proposed<br />
rules will establish new sections in chapter 284-43 WAC<br />
(health benefits), explaining the requirements associated with<br />
carrier inclusion of the essential health benefits (EHB) package<br />
in nongrandfathered individual and small group plans for<br />
plans with coverage beginning January 1, 2014. Under federal<br />
law, plans must be substantially equal to the "EHBbenchmark<br />
plan." The proposed rules identify the specific<br />
supplementation of benefits for pediatric oral and vision services<br />
with federally-designated benchmark plans for those<br />
benefits, and the scope, limitation and definition of covered<br />
benefits that comprise the EHB-benchmark plan.<br />
Reasons Supporting Proposal: RCW 48.43.715 directs<br />
the commissioner to designate by rule the small group plan<br />
with the largest enrollment as the benchmark plan for purposes<br />
of defining the essential health benefits package for<br />
nongrandfathered individual and small group health benefit<br />
plans issued on or after January 1, 2014. The same legislation<br />
requires supplementation, and adjustment or establishment<br />
of scope and limitation requirements by the commissioner<br />
in order to ensure meaningful benefits and prevent bias<br />
based on health selection. Carriers require specific guidance<br />
in order to prepare plan filings for the commissioner's review,<br />
and have sufficient time to satisfy plan replacement and<br />
health benefit exchange participation requirements.<br />
Statutory Authority for Adoption: RCW 48.02.060,<br />
48.21.241, 48.21.320, 48.44.460, 48.44.341, 48.46.291,<br />
48.46.530, and 48.43.715.<br />
Statute Being Implemented: RCW 48.43.715.<br />
Rule is necessary because of federal law, P.L. 111-148,<br />
section 1302 (2010).<br />
Name of Proponent: Office of the insurance commissioner,<br />
governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Meg Jones, P.O. Box 40258, Olympia, WA 98504, (360)<br />
725-7170; Implementation: Beth Berendt, P.O. Box 40258,<br />
Olympia, WA 98504, (360) 725-7117; and Enforcement:<br />
Washington State Register, Issue 13-03 WSR 13-03-139<br />
Carol Sureau, P.O. Box 40258, Olympia, WA 98504, (360)<br />
725-7050.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. The entities that must<br />
comply with the proposed rule are not small businesses, pursuant<br />
to chapter 19.85 RCW.<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
contacting Meg Jones, P.O. Box 40258, Olympia, WA<br />
98504, phone (360) 725-7170, fax (360) 586-3109, e-mail<br />
rulescoordinator@oic.wa.gov.<br />
January 23, 2013<br />
Mike Kreidler<br />
Insurance Commissioner<br />
Reviser's note: The material contained in this filing exceeded the<br />
page-count limitations of WAC 1-21-040 for appearance in this issue of the<br />
Register. It will appear in the 13-04 issue of the Register.<br />
WSR 13-03-139<br />
PROPOSED RULES<br />
OFFICE OF<br />
INSURANCE COMMISSIONER<br />
[Insurance Commissioner Matter No. R 2012-30—Filed January 23, 2013,<br />
9:53 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
23-070.<br />
Title of Rule and Other Identifying Information:<br />
National Association of Insurance Commissioner's (NAIC)<br />
Actuarial Guideline XXXVIII regarding regulation of reserving<br />
for universal life products with secondary guarantees.<br />
Hearing Location(s): Insurance Commissioner's Office,<br />
TR 120, 5000 Capitol Boulevard, Tumwater, WA 98504-<br />
0255, on February 26, 2013, at 3:00 p.m.<br />
Date of Intended Adoption: March 4, 2013.<br />
Submit Written Comments to: Kacy Scott, P.O. Box<br />
40258, Olympia, WA 98504-0258, e-mail rulescoordinator<br />
@oic.wa.gov, fax (360) 586-3109, by February 26, 2013.<br />
Assistance for Persons with Disabilities: Contact Lorrie<br />
[Lorie] Villaflores by February 25, 2013, TTY (360) 586-<br />
0241 or (360) 725-7087.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The NAIC<br />
adopted the revised Actuarial Guideline XXXVIII on September<br />
12, 2012, which is a guideline for implementation of<br />
NAIC Model Regulation 830. This proposed rule would<br />
implement NAIC Model Regulation 830.<br />
Reasons Supporting Proposal: The proposed rule will<br />
provide uniformity in the application of Model 830.<br />
Statutory Authority for Adoption: RCW 48.02.060 and<br />
48.74.030.<br />
Statute Being Implemented: RCW 48.74.030.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Mike Kreidler, insurance commissioner,<br />
governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Kacy Scott, P.O. Box 40258, Olympia, WA 98504-0258,<br />
[ 87 ] <strong>Proposed</strong>
WSR 13-03-149 Washington State Register, Issue 13-03<br />
(360) 725-7041; Implementation and Enforcement: Jim Odiorne,<br />
P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-<br />
7214.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. There are no small<br />
domestic issuers of the types of policies that would be<br />
affected by this proposed regulation.<br />
A cost-benefit analysis is required under RCW 34.05.-<br />
328. A preliminary cost-benefit analysis may be obtained by<br />
contacting Kacy Scott, P.O. Box 40258, Olympia, WA<br />
98504-0258, phone (360) 725-7041, fax (360) 586-3109, email<br />
rulescoordinator@oic.wa.gov.<br />
January 23, 2013<br />
Mike Kreidler<br />
Insurance Commissioner<br />
NEW SECTION<br />
WAC 284-74-365 Implementation of WAC 284-74-<br />
360. (1) Insurers will fully apply NAIC Actuarial Guideline<br />
XXXVIII, as adopted on September 12, 2012, to properly and<br />
uniformly implement WAC 284-74-360.<br />
(2) NAIC Actuarial Guideline XXXVIII will be effective<br />
July 1, 2013.<br />
WSR 13-03-149<br />
PROPOSED RULES<br />
LIQUOR CONTROL BOARD<br />
[Filed January 23, 2013, 11:02 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
24-028.<br />
Title of Rule and Other Identifying Information: WAC<br />
314-28-030 Changes to the distiller and craft distiller license<br />
and 314-28-050 What does a craft distillery license allow?<br />
Hearing Location(s): Washington State Liquor Control<br />
Board, Board Room, 3000 Pacific Avenue S.E., Olympia,<br />
WA 98504, on February 27, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: March 6, 2013.<br />
Submit Written Comments to: Karen McCall, P.O. Box<br />
43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov,<br />
fax (360) 664-9689, by February 27, 2013.<br />
Assistance for Persons with Disabilities: Contact Karen<br />
McCall by February 27, 2013, (360) 664-1631.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: This rule making<br />
is the result of a stakeholder petition for rule making. Rules<br />
need to be written to reflect internet sales and delivery of<br />
spirits, formalize associated public safety regulations, and to<br />
provide clear direction to distilleries and craft distilleries in<br />
these areas.<br />
Reasons Supporting Proposal: Creating rules clarifies<br />
policies surrounding internet sales and delivery of spirits by<br />
distillers and craft distillers.<br />
Statutory Authority for Adoption: RCW 66.08.030,<br />
66.24.145.<br />
Statute Being Implemented: RCW 66.24.145.<br />
<strong>Proposed</strong> [ 88 ]<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Washington state liquor control<br />
board, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1631; Implementation:<br />
Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1615; and Enforcement:<br />
Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue<br />
S.E., Olympia, WA 98504, (360) 664-1726.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. A fiscal impact statement<br />
was not required.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328.<br />
January 23, 2013<br />
Sharon Foster<br />
Chairman<br />
AMENDATORY SECTION (Amending WSR 12-12-065,<br />
filed 6/5/12, effective 7/6/12)<br />
WAC 314-28-030 Changes to the distiller and craft<br />
distiller license. (1) Beginning March 1, 2012, all distilleries<br />
licensed under RCW 66.24.140 and 66.24.145 may sell spirits<br />
of their own production directly to a licensed spirits distributor<br />
in the state of Washington and to a licensed spirits<br />
retailer in the state of Washington.<br />
(2) Beginning June 1, 2012, a distiller may sell spirits of<br />
its own production to a customer for off-premises consumption,<br />
provided that the sale occurs when the customer is physically<br />
present at the licensed premises.<br />
(3) A distiller or craft distillery may accept orders for<br />
spirits of their own production from, and deliver spirits to,<br />
customers. Spirits may be ordered in person at the licensed<br />
distillery or craft distillery location, by mail, telephone, internet,<br />
or by other similar methods. See WAC 314-28-050 for<br />
requirements for internet sales and delivery.<br />
AMENDATORY SECTION (Amending WSR 12-12-065,<br />
filed 6/5/12, effective 7/6/12)<br />
WAC 314-28-050 What does a craft distillery license<br />
allow? (1) A craft distillery license allows a licensee to:<br />
(a) Produce sixty thousand proof gallons or less of spirits<br />
per calendar year. A "proof gallon" is one liquid gallon of<br />
spirits that is fifty percent alcohol at sixty degrees Fahrenheit;<br />
(b) Sell spirits of its own production directly to a customer<br />
for off-premises consumption, provided that the sale<br />
occurs when the customer is physically present on the<br />
licensed premises. A licensee may sell no more than two<br />
liters per customer per day. A craft distiller may not sell<br />
liquor products of someone else's production;<br />
(c) For sales on or after March 1, 2012, sell spirits of its<br />
own production to a licensed spirits distributor;<br />
(d) For sales on or after March 1, 2012, sell spirits of its<br />
own production to a licensed spirits retailer in the state of<br />
Washington;<br />
(e) Sell to out-of-state entities;
(f) Provide, free of charge, samples of spirits of its own<br />
production to persons on the distillery premises. Each sample<br />
must be one-half ounce or less, with no more than two ounces<br />
of samples provided per person per day. Samples must be<br />
unaltered, and anyone involved in the serving of such samples<br />
must have a valid Class 12 alcohol server permit. Samples<br />
must be in compliance with RCW 66.28.040;<br />
(g) Provide, free of charge, samples of spirits of its own<br />
production to retailers. Samples must be unaltered, and in<br />
compliance with RCW 66.28.040, 66.24.310 and WAC 314-<br />
64-08001. Samples are considered sales and are subject to<br />
taxes;<br />
(h) Contract produce spirits for holders of a distiller or<br />
manufacturer license.<br />
(2) A distillery or craft distillery licensee may accept<br />
orders for spirits from, and deliver spirits to, customers.<br />
(a) Resale. Spirits shall not be for resale.<br />
(b) Stock location. Spirits must come directly from the<br />
licensed distillery or craft distillery location.<br />
(c) How to place an order. Spirits may be ordered in<br />
person at the licensed distillery or craft distillery location, by<br />
mail, telephone, internet, or by other similar methods.<br />
(d) Sales and payment.<br />
(i) Only a distillery or craft distillery licensee or a<br />
licensee's direct employees may accept and process orders<br />
and payments. A contractor may not do so on behalf of a distillery<br />
or craft distillery licensee, except for transmittal of<br />
payment through a third-party service. A third-party service<br />
may not solicit customer business on behalf of a distillery or<br />
craft distillery licensee.<br />
(ii) All orders and payments shall be fully processed<br />
before spirits transfer ownership or, in the case of delivery,<br />
leaves a licensed distillery or craft distillery premises.<br />
(iii) Payment method. Payment methods include, but are<br />
not limited to: Cash, credit or debit card, check or money<br />
order, electronic funds transfer, or an existing prepaid<br />
account. An existing prepaid account may not have a negative<br />
balance.<br />
(iv) Internet. To sell spirits via the internet, a new distillery<br />
or craft distillery license applicant must request internetsales<br />
privileges in his or her application. An existing distillery<br />
or craft distillery licensee must notify the board prior to<br />
beginning internet sales.<br />
(e) Delivery location. Delivery shall be made only to a<br />
residence or business that has an address recognized by the<br />
United States postal service; however, the board may grant an<br />
exception to this rule at its discretion. A residence includes a<br />
hotel room, a motel room, or other similar lodging that temporarily<br />
serves as a residence.<br />
(f) Hours of delivery. Spirits may be delivered each day<br />
of the week between the hours of 6:00 a.m. and 2:00 a.m.<br />
Delivery must be fully completed by 2:00 a.m.<br />
(g) Age requirement.<br />
(i) Under chapter 66.44 RCW, any person under twentyone<br />
years of age is prohibited from purchasing, delivering, or<br />
accepting delivery of liquor.<br />
(ii) A delivery person must verify the age of the person<br />
accepting delivery before handing over liquor.<br />
Washington State Register, Issue 13-03 WSR 13-03-150<br />
(iii) If no person twenty-one years of age or older is present<br />
to accept a liquor order at the time of delivery, the liquor<br />
shall be returned.<br />
(h) Intoxication. Delivery of liquor is prohibited to any<br />
person who shows signs of intoxication.<br />
(i) Containers and packaging.<br />
(i) Individual units of spirits must be factory sealed in<br />
bottles. For the purposes of this subsection, "factory sealed"<br />
means that a unit is in one hundred percent resalable condition,<br />
with all manufacturer's seals intact.<br />
(ii) The outermost surface of a liquor package, delivered<br />
by a third party, must have language stating that:<br />
(A) The package contains liquor;<br />
(B) The recipient must be twenty-one years of age or<br />
older; and<br />
(C) Delivery to intoxicated persons is prohibited.<br />
(j) Required information.<br />
(i) Records and files shall be retained at the distillery or<br />
craft distillery licensed premises. Each delivery sales record<br />
shall include the following:<br />
(A) Name of the purchaser;<br />
(B) Name of the person who accepts delivery;<br />
(C) Street addresses of the purchaser and the delivery<br />
location; and<br />
(D) Time and date of purchase and delivery.<br />
(ii) A private carrier must obtain the signature of the person<br />
who receives liquor upon delivery.<br />
(iii) A sales record does not have to include the name of<br />
the delivery person, but it is encouraged.<br />
(k) Web site requirements. When selling over the<br />
internet, all web site pages associated with the sale of liquor<br />
must display the distillery or craft distillery licensee's registered<br />
trade name.<br />
(l) Accountability. A distillery or craft distillery<br />
licensee shall be accountable for all deliveries of liquor made<br />
on its behalf.<br />
(m) Violations. The board may impose administrative<br />
enforcement action upon a distillery or craft distillery<br />
licensee, or suspend or revoke a distillery or craft distillery<br />
licensee's delivery privileges, or any combination thereof,<br />
should a distillery or craft distillery licensee violate any condition,<br />
requirement, or restriction.<br />
(3) A craft distillery licensee may not sell directly to instate<br />
retailers or in-state distributors until March 1, 2012.<br />
WSR 13-03-150<br />
PROPOSED RULES<br />
LIQUOR CONTROL BOARD<br />
[Filed January 23, 2013, 11:03 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
19-034.<br />
Title of Rule and Other Identifying Information: WAC<br />
314-23-030 What does a spirits certificate of approval license<br />
allow?<br />
Hearing Location(s): Washington State Liquor Control<br />
Board, Board Room, 3000 Pacific Avenue S.E., Olympia,<br />
WA 98504, on February 27, 2013, at 10:00 a.m.<br />
[ 89 ] <strong>Proposed</strong>
WSR 13-03-151 Washington State Register, Issue 13-03<br />
Date of Intended Adoption: March 6, 2013.<br />
Submit Written Comments to: Karen McCall, P.O. Box<br />
43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov,<br />
fax (360) 664-9689, by February 27, 2013.<br />
Assistance for Persons with Disabilities: Contact Karen<br />
McCall by February 27, 2013, (360) 664-1631.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The amendments<br />
will allow any spirits certificate of approval licensee to obtain<br />
an endorsement to sell their spirits product to a spirits retailer<br />
in Washington state.<br />
Reasons Supporting Proposal: This rule making is due<br />
to a stakeholder request to amend the current rule regarding<br />
what the holder of a spirits certificate of approval license is<br />
allowed to do.<br />
Statutory Authority for Adoption: RCW 66.24.640,<br />
66.08.030.<br />
Statute Being Implemented: RCW 66.24.640.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Washington state liquor control<br />
board, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1631; Implementation:<br />
Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1615; and Enforcement:<br />
Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue<br />
S.E., Olympia, WA 98504, (360) 664-1726.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. A fiscal impact statement<br />
was not required.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328.<br />
January 23, 2013<br />
Sharon Foster<br />
Chairman<br />
AMENDATORY SECTION (Amending WSR 12-12-065,<br />
filed 6/5/12, effective 7/6/12)<br />
WAC 314-23-030 What does a spirits certificate of<br />
approval license allow? (1) A spirits certificate of approval<br />
licensee may not commence sales until March 1, 2012. A<br />
spirits certificate of approval license may be issued to spirits<br />
manufacturers located outside of the state of Washington but<br />
within the United States.<br />
(2) There are three separate spirits certificate of approval<br />
licenses as follows:<br />
(a) A holder of a spirits certificate of approval may act as<br />
a distributor of spirits they are entitled to import into the state<br />
by selling directly to spirits distributors or spirits importers<br />
licensed in Washington state. The fee for a certificate of<br />
approval is two hundred dollars per year.<br />
(b) A holder of an authorized representative out-of-state<br />
spirits importer or brand owner for spirits produced in the<br />
United States but outside of Washington state may obtain a<br />
spirits authorized representative domestic certificate of<br />
approval license which entitles the holder to import spirits<br />
into the state by selling directly to spirits distributors, or spir-<br />
<strong>Proposed</strong> [ 90 ]<br />
its importers licensed in Washington state. The fee for an<br />
authorized representative certificate of approval for spirits is<br />
two hundred dollars per year.<br />
(c) A holder of an authorized representative out-of-state<br />
spirits importer or brand owner for spirits produced outside<br />
of the United States obtains a spirits authorized representative<br />
foreign certificate of approval which entitles the holder<br />
to import spirits into the state by selling directly to spirits distributors,<br />
or spirits importers licensed in Washington state.<br />
The fee for an authorized representative certificate of<br />
approval for foreign spirits is two hundred dollars per year.<br />
(3) A spirits certificate of approval holder, a spirits<br />
authorized representative domestic certificate of approval<br />
holder, and/or a spirits authorized representative foreign certificate<br />
of approval holder must obtain an endorsement to the<br />
certificate of approval that allows the shipment of spirits the<br />
holder is entitled to import into the state directly to licensed<br />
liquor retailers. The fee for this endorsement is one hundred<br />
dollars per year and is in addition to the fee for the certificate<br />
of approval license. The holder of a certificate of approval<br />
license that sells directly to licensed liquor retailers must:<br />
(a) Report to the board monthly, on forms provided by<br />
the board, the amount of all sales of spirits to licensed retailers.<br />
(b) Pay to the board a fee of ten percent of the total revenue<br />
from all sales of spirits to retail licensees made during the<br />
month for which the fee is due for the first two years of licensure.<br />
(c) Pay to the board five percent of the total revenue from<br />
all sales of spirits to retail licensees made during the month<br />
for which the fee is due for the third year of licensure and<br />
every year thereafter.<br />
(((4) An authorized representative out-of-state spirits<br />
importer or brand owner for spirits produced in the United<br />
States but outside of Washington state may obtain an authorized<br />
representative certificate of approval license which<br />
allows the holder to ship spirits to spirits distributors, or spirits<br />
importers located in Washington state. The fee for an<br />
authorized representative certificate of approval for spirits is<br />
two hundred dollars per year.<br />
(5) An authorized representative out-of-state spirits<br />
importer or brand owner for spirits produced outside of the<br />
United States may ship spirits to licensed spirits distributors,<br />
or spirits importers located in Washington state. The fee for<br />
an authorized representative certificate of approval for foreign<br />
spirits is two hundred dollars per year.))<br />
WSR 13-03-151<br />
PROPOSED RULES<br />
LIQUOR CONTROL BOARD<br />
[Filed January 23, 2013, 11:03 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
24-089.<br />
Title of Rule and Other Identifying Information: WAC<br />
314-02-107 What are the requirements for a spirits retail<br />
license?
Hearing Location(s): Washington State Liquor Control<br />
Board, Board Room, 3000 Pacific Avenue S.E., Olympia,<br />
WA 98504, on February 27, 2013, at 10:00 a.m.<br />
Date of Intended Adoption: March 6, 2013.<br />
Submit Written Comments to: Karen McCall, P.O. Box<br />
43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov,<br />
fax (360) 664-6989, by February 27, 2013.<br />
Assistance for Persons with Disabilities: Contact Karen<br />
McCall by February 27, 2013, (360) 664-1631.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The passage of<br />
Initiative 1183 and the privatization of spirits theft and product<br />
loss is significant and increasing. This is contributing to<br />
increased underage access to alcohol. Rules are needed to<br />
clarify reporting requirements of product loss due to theft and<br />
internal shrinkage.<br />
Reasons Supporting Proposal: This rule making is the<br />
result of a petition from the Washington Association of Sheriffs<br />
and Police Chiefs. Law enforcement feels stolen spirits<br />
product has created a public safety issue.<br />
Statutory Authority for Adoption: RCW 66.24.630 and<br />
66.08.030.<br />
Statute Being Implemented: RCW 66.24.630.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Washington state liquor control<br />
board, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1631; Implementation:<br />
Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E.,<br />
Olympia, WA 98504, (360) 664-1615; and Enforcement:<br />
Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue<br />
S.E., Olympia, WA 98504, (360) 664-1726.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. A fiscal impact statement<br />
was not required.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328.<br />
January 23, 2013<br />
Sharon Foster<br />
Chairman<br />
AMENDATORY SECTION (Amending WSR 12-12-065,<br />
filed 6/5/12, effective 7/6/12)<br />
WAC 314-02-107 What are the requirements for a<br />
spirits retail license? (1) The requirements for a spirits retail<br />
license are as follows:<br />
(a) Submit a signed acknowledgment form indicating the<br />
square footage of the premises. The premises must be at least<br />
ten thousand square feet of fully enclosed retail space within<br />
a single structure, including store rooms and other interior<br />
areas. This does not include any area encumbered by a lease<br />
or rental agreement (floor plans one-eighth inch to one foot<br />
scale may be required by the board); and<br />
(b) Submit a signed acknowledgment form indicating the<br />
licensee has a security plan which addresses:<br />
(i) Inventory management;<br />
(ii) Employee training and supervision; and<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
(iii) Physical security of spirits product with respect to<br />
preventing sales to underage or apparently intoxicated persons<br />
and theft of product.<br />
(2) A grocery store licensee or a specialty shop licensee<br />
may add a spirits retail liquor license to their current license<br />
if they meet the requirements for the spirits retail license.<br />
(3) The board may not deny a spirits retail license to<br />
qualified applicants where the premises is less than ten thousand<br />
square feet if:<br />
(a) The application is for a former contract liquor store<br />
location;<br />
(b) The application is for the holder of a former state<br />
liquor store operating rights sold at auction; or<br />
(c) There is no spirits retail license holder in the trade<br />
area that the applicant proposes to serve; and<br />
(i) The applicant meets the operational requirements in<br />
WAC 314-02-107 (1)(b); and<br />
(ii) If a current liquor licensee, has not committed more<br />
than one public safety violation within the last three years.<br />
(4) Spirit retail licensees must report to the board quarterly<br />
on a form provided by the board, spirits product loss due<br />
to theft and internal shrinkage.<br />
WSR 13-03-152<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
FISH AND WILDLIFE<br />
[Filed January 23, 2013, 11:05 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
19-007 on September 6, 2012; WSR 12-20-084 on October 3,<br />
2012; and WSR 12-23-013 on November 9, 2012.<br />
Title of Rule and Other Identifying Information: The<br />
subject of this proposed rule-making effort is the amendment<br />
of hunting seasons and regulations for 2013-2014, archery<br />
equipment regulations, and rules governing the importation<br />
of dead nonresident wildlife for the purposes of disease control.<br />
Amending WAC 232-12-021 Importation and retention<br />
of dead nonresident wildlife, 232-12-054 Archery requirements—Archery<br />
special use permits, 232-28-248 Special<br />
closures and firearm restriction areas, 232-28-273 2012-2014<br />
Moose seasons and permit quotas, 232-28-286 2013, 2014,<br />
and 2015 Spring black bear seasons and regulations, 232-28-<br />
296 Landowner hunting permits, 232-28-334 Game management<br />
units (GMUs) boundary descriptions—Region four,<br />
232-28-336 Game management units (GMUs) boundary<br />
descriptions—Region six, 232-28-337 Elk area descriptions,<br />
232-28-342 2012-13, 2013-14, 2014-15 Small game and<br />
other wildlife seasons and regulations, 232-28-357 2012-<br />
2014 Deer general seasons and definitions, 232-28-358 2012-<br />
2014 Elk general seasons and definitions, 232-28-359 2013<br />
Deer special permits and 232-28-360 2013 Elk special permits;<br />
new sections WAC 232-28-622 Big horn sheep seasons<br />
and permit quotas, 232-28-623 2012-2014 Mountain goat<br />
seasons and permit quotas, and 232-28-624 Deer area<br />
descriptions.<br />
[ 91 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Hearing Location(s): Moses Lake Civic Center, 401<br />
South Balsam, Moses Lake, WA 98837, on March 1-2, 2013,<br />
at 8:30 a.m.<br />
Date of Intended Adoption: On or after April 12, 2013.<br />
Submit Written Comments to: Wildlife Program Commission<br />
Meeting Public Comments, 600 Capitol Way North,<br />
Olympia, WA 98501-1091, fax (360) 902-2162, by February<br />
15, 2013.<br />
Assistance for Persons with Disabilities: Contact Tami<br />
Lininger by February 22, 2013, TTY (800) 833-6388 or (360)<br />
902-2267.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: WAC 232-12-<br />
021, the states and provinces listed in this WAC have confirmed<br />
chronic wasting disease (CWD) in their wild, freeranging<br />
populations of cervids. This proposal would add the<br />
states of Texas and Missouri to those states where additional<br />
processing of deer, elk, and moose carcasses is required<br />
before they can be brought into Washington.<br />
WAC 232-12-054, this proposed amendment is intended<br />
to further the discussion on allowing illuminated nocks for<br />
archery equipment.<br />
WAC 232-28-248, this proposed amendment is part of<br />
the effort to streamline, reorganize, and update rules in the<br />
WAC overhaul project currently underway. Anticipated<br />
effects are minimal; this project involves merely rewording<br />
and clarifying a rule already in existence.<br />
WAC 232-28-273, this amendment clarifies that the<br />
exemption from the once-in-a-lifetime moose restriction is<br />
also applicable if the hunter applies in the future for a hunt in<br />
the permit categories of antlerless moose: Raffle, auction, or<br />
master hunter. Additionally, this amendment reduces the<br />
number of master-hunter moose permits.<br />
WAC 232-28-286, the purpose for amending the 2013-<br />
15 spring black bear hunting seasons is to expand opportunity<br />
in the north Puget Sound. These spring seasons are mainly<br />
established to address damage caused by bears to commercially<br />
grown trees. The hunt utilizes recreational hunters to<br />
harvest black bears in areas where chronic tree damage and<br />
other property damage has been documented and allows the<br />
department to disperse harvest geographically and target<br />
male bears. This strategy helps ensure long-term sustainability<br />
in the black bear population and provides recreational<br />
opportunity for hunters.<br />
WAC 232-28-296, the purpose of this proposal is to<br />
expand the number of special hunting opportunities available<br />
on private lands for hunters and to maintain the number of<br />
cooperating landowners.<br />
WAC 232-28-334, this proposal changes the management<br />
area designation of the Puget Sound Islands from deer<br />
areas to game management units (GMUs). The proposed<br />
amendments will allow the department to better track harvest<br />
removals specific to the islands.<br />
WAC 232-28-336, the purpose of the proposal is to designate<br />
Anderson Island as a GMU rather than a deer area.<br />
The proposed language will allow the department to better<br />
track harvest removals specific to the island.<br />
WAC 232-28-337, the purpose of the proposal is to separate<br />
elk area descriptions from deer area descriptions. The<br />
proposal also removes one elk area that is no longer needed<br />
<strong>Proposed</strong> [ 92 ]<br />
and adjusts the boundary of two other elk areas to make them<br />
more effective in dealing with wildlife conflict. Additional<br />
language modifications have been made to improve clarity.<br />
WAC 232-28-342, the purpose of this proposal is to add<br />
GMU 145 to the late fall turkey season. This GMU was inadvertently<br />
omitted during the three-year season-setting process.<br />
This proposal also modifies bag-limit language pertaining<br />
to fall turkey permit seasons. The change to the bag-limit<br />
language clarifies that hunters who kill a turkey during the<br />
permit seasons may still participate in the other fall seasons<br />
open to all hunters.<br />
References to the western Washington Dungeness<br />
pheasant release site are also removed under the western<br />
Washington pheasant seasons.<br />
WAC 232-28-357, the purpose of this proposal is to<br />
retain general-season deer hunting opportunity. The purpose<br />
is also to balance the hunting opportunity between user<br />
groups; increase opportunity when deer populations allow;<br />
and reduce opportunity when declining deer numbers warrant<br />
a change.<br />
WAC 232-28-358, the purpose of this proposal is to<br />
retain general-season elk hunting opportunity. The purpose<br />
is also to balance the hunting opportunity between user<br />
groups; increase opportunity when elk populations allow; and<br />
reduce opportunity when declining elk numbers warrant a<br />
change.<br />
WAC 232-28-359, the purpose of this proposal is to<br />
retain special-permit deer hunting opportunity. The purpose<br />
is also to balance the hunting opportunity between user<br />
groups; increase opportunity when deer populations allow;<br />
and reduce opportunity when declining deer numbers warrant<br />
a change.<br />
WAC 232-28-360, the purpose of this proposal is to<br />
retain special-permit elk hunting opportunity. The purpose is<br />
also to balance the hunting opportunity between user groups;<br />
increase opportunity when elk populations allow; and reduce<br />
opportunity when declining elk numbers warrant a change.<br />
WAC 232-28-622, hunters may apply for a bighorn<br />
sheep permit even if they've previously harvested a bighorn<br />
sheep in Washington if the earlier harvest was a bighorn<br />
sheep killed under a ewe-only hunt permit, a raffle permit, or<br />
an auction permit. Language in this amendment clarifies<br />
whether the exemption from the once-in-a-lifetime bighorn<br />
sheep restriction is also applicable if the hunter applies in<br />
future for a hunt in these categories.<br />
Rocky Mountain bighorn sheep populations in the Blue<br />
Mountains area of south-eastern Washington have been<br />
reduced in past years due to the lingering effects of pneumonia<br />
outbreaks. Pneumonia was detected in the Asotin herd in<br />
2012, and biologists expect this herd to decline over the next<br />
few years, although a few older rams remain in this herd.<br />
WAC 232-28-623, language in this amendment clarifies<br />
whether the exemption from the once-in-a-lifetime mountain<br />
goat restriction is also applicable if the hunter applies in<br />
future for a hunt in these categories.<br />
The proposed amendment also clarifies the names and<br />
descriptions of mountain goat hunt areas in Region 4, around<br />
Mt. Baker, and establishes legal descriptions of open mountain<br />
goat hunt areas.
WAC 232-28-624, the purpose of the proposal is to separate<br />
deer area descriptions from elk area descriptions to<br />
improve the clarity of these rules. The proposal also removes<br />
the Puget Sound Islands that were previously described as<br />
deer areas. The department is proposing that those islands be<br />
described as GMUs in the future. Additional language modifications<br />
have been made to improve clarity.<br />
Reasons Supporting Proposal: WAC 232-12-021, the<br />
proposal reduces the risk of CWD being imported into Washington<br />
state via carcasses of animals harvested in other states.<br />
Reducing disease risk helps in sustaining deer, elk, and<br />
moose hunting opportunities in Washington.<br />
WAC 232-12-054, this proposal facilitates public discussion<br />
of new technologies and consideration of acceptable<br />
fair chase and ethical standards for hunting.<br />
WAC 232-28-248, the department needs these changes<br />
to increase efficiency, functionality, and clarity of the rules<br />
within its administrative code.<br />
WAC 232-28-273, the proposed change in language<br />
reduces ambiguity regarding who may apply for a moose permit.<br />
The reduction in master hunter moose permits reflects<br />
the expected number of hunters needed in 2013 and beyond,<br />
based on the experience of recent years.<br />
WAC 232-28-286, spring bear hunting helps address<br />
commercial tree damage issues and provides recreational<br />
hunting opportunity. In the past, most black bear damage<br />
was addressed using depredation permits where the landowner<br />
would contract with a hunter using dogs to kill multiple<br />
bears near areas with tree damage. Depredation permit<br />
hunters were taking an increasing number of bears each year,<br />
and over one hundred fifty bears were being killed annually.<br />
The spring black bear season allows recreational hunters to<br />
better target the areas receiving damage and allows hunters<br />
rather than contractors to harvest bears.<br />
WAC 232-28-296, several years ago, the fish and wildlife<br />
commission developed a policy to expand the private<br />
lands available to the general public for hunting. One of the<br />
programs that was authorized is the landowner hunting permit<br />
program. This program encourages landowners to provide<br />
opportunity to the general hunter in exchange for customized<br />
hunting seasons and the ability to generate funding<br />
to offset the cost of providing public access.<br />
WAC 232-28-334, this proposal will allow the department<br />
to better track harvest removals specific to the Puget<br />
Sound Islands rather than having those removals lumped with<br />
mainland GMUs.<br />
WAC 232-28-336, the proposed changes will allow the<br />
department to better track harvest removals specific to<br />
Anderson Island rather than having those removals lumped<br />
with a mainland GMU.<br />
WAC 232-28-337, elk areas help direct hunters at a scale<br />
smaller than the GMU when needed. Elk areas also help staff<br />
address local wildlife conflict problems. Some of the language<br />
modifications in this proposed amendment are part of<br />
the effort to streamline, reorganize, and update rules in the<br />
WAC overhaul project currently underway.<br />
WAC 232-28-342, GMU 145 is surrounded by other<br />
GMUs open during the late fall season. The intent was to<br />
include this unit in the three-year proposal. The department<br />
supports providing opportunity in this unit.<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Turkey populations are healthy or increasing in areas<br />
where fall general seasons are in place, and the department is<br />
encouraging additional harvest and recreational opportunity<br />
in these areas. Allowing harvest during the general seasons<br />
by those who draw permits poses no concern for the population.<br />
Clallam County owns the Dungeness release site and has<br />
decided to no longer allow use of the area for upland bird<br />
hunting. For this reason, removing references to this site is<br />
appropriate.<br />
WAC 232-28-357, the proposed amendment provides<br />
recreational deer hunting opportunity and protects deer from<br />
overharvest. The amendment would maintain sustainable<br />
general deer hunting season opportunities for 2013; address<br />
deer damage problems; and provide for deer population control<br />
when needed.<br />
WAC 232-28-358, this proposal provides recreational<br />
elk hunting opportunity and protects elk from overharvest.<br />
The proposed amendment would maintain sustainable general<br />
elk hunting season opportunities for 2013; address elk<br />
damage problems; and provide for elk population control<br />
when needed.<br />
WAC 232-28-359, this proposal provides recreational<br />
deer hunting opportunity and protects deer from overharvest.<br />
The proposed amendment would maintain sustainable deer<br />
special-permit hunting season opportunities for 2013;<br />
address deer damage problems; and provide for deer population<br />
control when needed.<br />
WAC 232-28-360, this proposal provides recreational<br />
elk hunting opportunity and protects elk from overharvest.<br />
The proposed amendment would maintain sustainable elk<br />
special-permit hunting season opportunities for 2013;<br />
address elk damage problems; and provide for elk population<br />
control when needed.<br />
WAC 232-28-622, the change in language reduces ambiguity<br />
regarding who may apply for a bighorn sheep permit.<br />
The reduction in hunting permits for the Blue Mountain area<br />
will reduce pressure on a herd that is experiencing a disease<br />
problem, and increase the chances for a high quality ram<br />
taken from this herd by the winner of the Rocky Mountain<br />
bighorn sheep raffle.<br />
WAC 232-28-623, changes in language reduce ambiguity<br />
regarding who may apply for a bighorn sheep permit;<br />
remove inconsistency between the WAC, pamphlet, and<br />
instructional letters sent to permit holders; and clarify hunting<br />
unit boundaries for mountain goats in the Mt. Baker area.<br />
WAC 232-28-624, deer areas help direct hunters at a<br />
scale smaller than the GMU and help staff address wildlife<br />
conflict problems. Some of the language modifications in<br />
this proposed amendment are part of the effort to streamline,<br />
reorganize, and update rules in the WAC overhaul project<br />
currently underway.<br />
Statutory Authority for Adoption: RCW 77.12.047,<br />
77.12.150, and 77.12.240.<br />
Statute Being Implemented: RCW 77.12.047, 77.12.-<br />
150, and 77.12.240.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Agency Comments or Recommendations, if any, as to<br />
Statutory Language, Implementation, Enforcement, and Fis-<br />
[ 93 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
cal Matters: When filing the permanent rule-making order<br />
(CR-103P), the WAC sections containing rule amendments<br />
will be consolidated into one or two order typing service<br />
(OTS) documents.<br />
Name of Proponent: Washington department of fish and<br />
wildlife, governmental.<br />
Name of Agency Personnel Responsible for Drafting<br />
and Implementation: Nate Pamplin, Natural Resources<br />
Building, Olympia, (360) 902-2693; and Enforcement:<br />
Bruce Bjork, Natural Resources Building, Olympia, (360)<br />
902-2373.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. These rules do not<br />
directly regulate small business.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. This proposal is not related to hydraulics rules.<br />
January 23, 2013<br />
Lori Preuss<br />
Rules Coordinator<br />
AMENDATORY SECTION (Amending Order 11-299, filed<br />
11/16/11, effective 12/17/11)<br />
WAC 232-12-021 Importation and retention of dead<br />
nonresident wildlife. It is unlawful:<br />
(1) To import or possess dead wildlife, taken in another<br />
state or country, into Washington unless such wildlife was<br />
acquired lawfully. Proof of legal acquisition must be retained<br />
during the period of retention of the carcass or edible parts.<br />
Violation of this subsection is punishable under RCW<br />
77.15.290.<br />
(2) For a person who imports a dead mountain sheep,<br />
mountain goat, cougar or bear to fail to report such importation<br />
to the department in writing within ten days of the importation.<br />
The report must contain the name and address of the<br />
importer, the location where the dead wildlife is being stored<br />
and general information describing where and how the wildlife<br />
was obtained. Violation of this subsection is punishable<br />
under RCW 77.15.290.<br />
(3) To import or possess deer, elk, or moose, or parts<br />
thereof, harvested in Texas, Missouri, Colorado, Wyoming,<br />
Utah, New Mexico, Wisconsin, Illinois, South Dakota,<br />
Nebraska, Kansas, New York, West Virginia, Virginia, North<br />
Dakota, Alberta, Maryland, Minnesota, and Saskatchewan<br />
with the following exceptions:<br />
(a) Meat that has been deboned in the state or province<br />
where it was harvested and is imported as boned out meat;<br />
(b) Skulls and antlers, antlers attached to the skull plate,<br />
or upper canine teeth (buglers, whistlers, ivories) from which<br />
all soft tissue has been removed;<br />
(c) Hides or capes without heads attached;<br />
(d) Tissue imported for use by a diagnostic or research<br />
laboratory;<br />
(e) Finished taxidermy mounts.<br />
Violation of this subsection is punishable under RCW<br />
77.15.290.<br />
(4) To fail to notify the department within twenty-four<br />
hours if an importer or receiver of deer or elk is notified by a<br />
state or province that a harvested animal has tested positive<br />
<strong>Proposed</strong> [ 94 ]<br />
for chronic wasting disease. Violation of this subsection is an<br />
infraction punishable under RCW 77.15.160.<br />
AMENDATORY SECTION (Amending Order 12-70, filed<br />
5/2/12, effective 6/2/12)<br />
WAC 232-12-054 Archery requirements—Archery<br />
special use permits. (1) Rules pertaining to all archery hunting<br />
seasons:<br />
(a) It is unlawful for any person to carry or have in his<br />
possession any firearm while in the field archery hunting,<br />
during an archery season specified for that area, except for<br />
modern handguns carried for personal protection. Modern<br />
handguns cannot be used to hunt big game or dispatch<br />
wounded big game during an archery, big game hunting season.<br />
(b) It is unlawful to have any electrical equipment or<br />
electric device(s), except for illuminated nocks, attached to<br />
the bow or arrow while hunting.<br />
(c) It is unlawful to shoot a bow and arrow from a vehicle<br />
or from, across, or along the maintained portion of a public<br />
highway, except that persons with a disabled hunter permit<br />
may shoot from a vehicle if the hunter is in compliance with<br />
WAC 232-12-828.<br />
(d) It is unlawful to use any device secured to or supported<br />
by the bow for the purpose of maintaining the bow at<br />
full draw or in a firing position, except that persons with an<br />
archery special use permit may hunt game birds or game animals<br />
using a device that stabilizes and holds a long bow,<br />
recurve bow, or compound bow at a full draw, and may use a<br />
mechanical or electrical release.<br />
(e) It is unlawful to hunt wildlife with a crossbow during<br />
an archery season. However, disabled hunter permittees in<br />
possession of a crossbow special use permit may hunt with a<br />
crossbow in any season that allows archery equipment.<br />
(f) It is unlawful to hunt big game animals with any<br />
arrow or bolt that does not have a sharp broadhead, and the<br />
broadhead blade or blades are less than seven-eighths inch<br />
wide.<br />
(g) It is unlawful to hunt big game animals with a broadhead<br />
blade unless the broadhead is unbarbed and completely<br />
closed at the back end of the blade or blades by a smooth,<br />
unbroken surface starting at maximum blade width and forming<br />
a smooth line toward the feather end of the shaft, and such<br />
line does not angle toward the point.<br />
(h) It is unlawful to hunt big game animals with a retractable<br />
broadhead.<br />
(i) It is unlawful to hunt wildlife with any bow equipped<br />
with a scope. However, hunters with disabilities who meet<br />
the definition of being visually impaired in WAC 232-12-828<br />
may receive a special use permit that would allow the use of<br />
scopes or other visual aids. A disabled hunter permit holder<br />
in possession of a special use permit that allows the use of a<br />
scope or visual aid may hunt game birds or game animals<br />
during archery seasons.<br />
(2) Rules pertaining to long bow, recurve bow and compound<br />
bow archery:<br />
(a) It is unlawful for any person to hunt big game animals<br />
with a bow that does not produce a minimum of 40 pounds of<br />
pull measured at twenty-eight inches or at full draw.
(b) It is unlawful to hunt big game animals with any<br />
arrow measuring less than 20 inches in length or weighing<br />
less than 6 grains per pound of draw weight with a minimum<br />
arrow weight of 300 grains.<br />
(3) Archery special use permits:<br />
(a) An archery special use permit is available to a person<br />
who possesses a valid disabled hunter permit. An archery<br />
special use permit application must be signed by a physician<br />
stating that the person's disability is permanent and the person<br />
has a loss of use of one or both upper extremities, has a<br />
significant limitation in the use of an upper extremity, or has<br />
a permanent physical limitation, which loss or limitation substantially<br />
impairs the ability to safely hold, grasp, or shoot a<br />
long bow, recurve bow or compound bow. The loss or limitation<br />
may be the result of, but not limited to, amputation,<br />
paralysis, diagnosed disease, or birth defect. The approved<br />
archery special use permit must be in the physical possession<br />
of the person while using adaptive archery equipment as<br />
described in subsection (1)(d) of this section to hunt game<br />
birds or game animals.<br />
(b) A crossbow special use permit is available to a person<br />
who meets the requirements for an archery special use<br />
permit and is unable to use adaptive archery equipment.<br />
Adaptive equipment includes, but is not limited to: Cocking<br />
devices that hold the bow at full draw; trigger mechanisms<br />
that may be released by mouth, or chin, or hand supporting<br />
the bow; and devices that assist in supporting the bow. Information<br />
describing types of adaptive equipment will be provided<br />
to physicians for their assessment of the applicant's<br />
ability to utilize adaptive archery equipment. Muscle weakness,<br />
impaired range of motion, or unilateral hand weakness<br />
disability, of both hands or both arms or both sides of the<br />
upper extremity, may result in an inability to use adaptive<br />
archery equipment. Standard tests approved by the American<br />
Medical Association may be conducted to assess a person's<br />
abilities.<br />
(4) A violation of this section is punishable under RCW<br />
77.15.400, 77.15.410, or 77.15.430, depending on the species<br />
hunted.<br />
AMENDATORY SECTION (Amending Order 10-94, filed<br />
4/30/10, effective 5/31/10)<br />
WAC 232-28-248 Special closures and firearm<br />
restriction areas. (1) RESTRICTED ((AND PROHIBITED))<br />
HUNTING AREAS.<br />
((These areas are closed by Fish and Wildlife Commission<br />
action. Other areas may be closed to hunting by local, state<br />
or federal regulations.<br />
IT IS ILLEGAL TO HUNT EXCEPT WHERE PROVIDED IN THE FOL-<br />
LOWING AREAS)) It is unlawful to hunt in the following<br />
restricted hunting areas except where provided below:<br />
((1.)) (a) Parker Lake (GMU 117, Pend Oreille County):<br />
All lands south of Ruby Creek Road (USFS Road 2489),<br />
north of Tacoma Creek Road (USFS Road 2389), and west of<br />
Bonneville Power Administration power lines are designated<br />
as "CLOSED AREA" to ((the)) hunting ((of)) wild animals and<br />
wild birds year-round. The Parker Lake closure ((was estab-<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
lished to)) provides a protected area for the Air Force Military<br />
Survival Training Program.<br />
((2.)) (b) Columbia River: The Columbia River ((and)),<br />
all ((the)) islands in the river, ((and)) the Benton County<br />
shoreline below the high water mark, and any peninsula originating<br />
on the Benton County shoreline, between Vernita<br />
Bridge ((()) on Highway 24(())) downstream to the old Hanford<br />
townsite powerline crossing (wooden towers) in Section<br />
24, T 13 N, R 27 E, is designated as a "CLOSED AREA" to<br />
((the)) hunting ((of)) wild animals and wild birds.<br />
((3.)) (c) Green River (GMU 485): Except for special<br />
permit hunters, who may also take a black bear and/or cougar<br />
with the appropriate license/tag options, all lands within<br />
GMU 485 are designated as a "CLOSED AREA" to the hunting<br />
of big game ((by Department of Fish and Wildlife regulated<br />
hunters throughout the)) year-round. During the general<br />
westside elk season and general and late deer seasons, all<br />
lands within GMU 485 are also designated as a "CLOSED<br />
AREA" to ((the)) hunting ((of)) all wild animals ((()), including<br />
wild birds(())), year-round. The City of Tacoma enforces<br />
trespass within GMU 485 on lands owned or controlled by<br />
the City during all times of the year.<br />
((4.)) (d) McNeil Island (part of GMU 652): ((McNeil<br />
Island (part of GMU 652) is)) Closed to the hunting of all<br />
wild animals ((()), including wild birds(() year around)),<br />
year-round.<br />
((5.)) (e) Loo-wit (GMU 522): Closed to hunting and<br />
trapping ((within GMU 522 (Loo-wit))), except for ((the)) elk<br />
hunting ((of elk)) by special permit holders during established<br />
seasons and designated areas.<br />
((6.)) (f) The Voice of America Dungeness Recreation<br />
Area County Park ((in)) (Clallam County ((is))): Closed to<br />
all hunting except Wednesdays, weekends, and holidays,<br />
from the first weekend in October to the end of January.<br />
((7.)) (2) A violation of ((any provision in 1. through 6.<br />
under "Restricted and Prohibited Hunting Areas")) subsection<br />
(1) of this section is punishable under RCW 77.15.400,<br />
77.15.410, or 77.15.430, depending ((upon)) on the species<br />
hunted.<br />
(3) CLOSED BIG GAME ((CLOSURES)) HUNTING AREAS.<br />
It is unlawful to hunt big game in the following closed<br />
areas, unless otherwise specified:<br />
((1.)) (a) Clark, Cowlitz, Pacific, and Wahkiakum counties<br />
((are)): Closed to Columbian Whitetail Deer hunting.<br />
((2.)) (b) Cathlamet: Beginning in the town of Skamokawa;<br />
then east along SR 4 to ((the)) Risk Road; then south<br />
and east along ((the)) Risk Road to Foster Road; then south<br />
along the Foster Road to the Elochoman River; then upstream<br />
along the Elochoman River to ((the)) Elochoman Valley<br />
Road (old SR 407); then west along the Elochoman Valley<br />
Road to SR 4; then east along SR 4 to SR 409; then south<br />
along SR 409 to the Cathlamet Channel of the Columbia<br />
River; then east along the north shore of the Cathlamet Channel<br />
to Cape Horn; then south in the Columbia River to the<br />
state line; then west along the state line to a point directly<br />
south of the mouth of Skamokawa Creek; then north on Skamokawa<br />
Creek to SR 4 and the point of beginning. This area<br />
is closed to all deer and elk hunting, to protect the Columbian<br />
Whitetail Deer.<br />
[ 95 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
((3.)) (c) Willapa National Wildlife Refuge: ((Except for<br />
Long Island, Willapa National Wildlife Refuge is)) Closed to<br />
all big game hunting, except for Long Island.<br />
((4.)) (d) Walla Walla Mill Creek Watershed (GMU<br />
157): All lands in the Mill Creek Watershed are designated<br />
as a "CLOSED AREA" to ((the)) hunting ((of)) all wild animals<br />
((()), including wild birds(())), except for the elk hunting ((of<br />
elk)) by the holders of GMU-157 special elk permits during<br />
the established open season. This area is closed to motorized<br />
vehicles. Entry ((is)) allowed only by Forest Service permit<br />
for the duration of the hunt. Any entry into the Mill Creek<br />
Watershed at other times is prohibited.<br />
((5.)) (e) Westport: Closed to hunting ((of)) all big game<br />
animals on ((that)) the part of Westport Peninsula lying north<br />
of State Highway 105 from the west end of the Elk River<br />
Bridge, and the Schafer Island Road to the ocean beach.<br />
((6.)) (f) Cottonwood and Howard islands ((in)) (GMU<br />
564 ((are))): Closed to all deer hunting.<br />
((7.)) (4) A violation of ((any provision in 1. through 6.<br />
under "Big Game Closures")) subsection (3) of this section is<br />
a gross misdemeanor or a class C felony punishable under<br />
RCW 77.15.410, depending on the circumstances of the violation.<br />
(5) FIREARM RESTRICTION AREAS(( - UNLAWFUL<br />
ACTS)).<br />
((1.)) (a) It is unlawful to hunt wildlife in the following<br />
firearm restriction areas with centerfire or rimfire rifles, or to<br />
fail to comply with additional firearm restrictions, except as<br />
established below((.)):<br />
COUNTY AREA<br />
Chelan That portion of GMU 251 (Mission)<br />
beginning at the intersection of the Duncan<br />
Road and Highway 2; south on Duncan<br />
Road to Mountain Home Road; south<br />
along Mountain Home Road to the Icicle<br />
Irrigation Ditch; south and west along the<br />
Icicle Irrigation Ditch to the Snow Lake<br />
Trail; west and north along the Snow Lake<br />
Trail and across the Icicle River to Icicle<br />
River Road; east and north along Icicle<br />
River Road to the Wenatchee River;<br />
northwest along the Wenatchee River to<br />
Highway 2; north and east on Highway 2<br />
to Duncan Road and the point of beginning.<br />
Clallam That portion of GMU 624 (Coyle) located<br />
within Clallam County.<br />
Clark GMU 564 (Battleground)<br />
That portion of GMU 554 in Clark<br />
County.<br />
Cowlitz GMU 554 (Yale)<br />
GMU 504 (Stella)<br />
That portion of GMU 564 (Battleground)<br />
in Cowlitz County.<br />
<strong>Proposed</strong> [ 96 ]<br />
COUNTY AREA<br />
Grays Harbor That portion of GMU 658 (North River)<br />
beginning at Bay City; then west along<br />
Highway 105 to Twin Harbors State Park;<br />
then south along Highway 105 to Grayland<br />
Grocery; then east on Cranberry<br />
Road to Turkey Road; then east and north<br />
on Turkey Road to Bayview Logging<br />
Road; then north and east along Bayview<br />
Logging Road to Mallard Slough; then<br />
east and south along the Bayview Road to<br />
Andrews Creek; then north along main<br />
channel of Andrews Creek to Grays Harbor;<br />
then north and west along the main<br />
navigation channel to Bay City and point<br />
of beginning.<br />
Grays Harbor The following Chehalis Valley restriction<br />
applies only during elk seasons:<br />
That portion of GMU 660 (Minot Peak)<br />
described as follows: Beginning at Highway<br />
12 and Highway 107 junction near<br />
Montesano; east and south on Highway<br />
12 to Oakville; south on the Oakville-<br />
Brooklyn Road to a point one<br />
mile west of South Bank Road; northwest<br />
along a line one mile southwest of the<br />
South Bank Road to Delzene Road; north<br />
along Delzene Road to South Bank Road;<br />
northwest along South Bank Road to<br />
Wakefield Road; north on Wakefield<br />
Road to the Chehalis River; west along<br />
the Chehalis River to Highway 107<br />
bridge; north on Highway 107 to Highway<br />
12 to the point of beginning.<br />
Island That portion of GMU 410 (Island) located<br />
on Camano and Whidbey islands.<br />
Jefferson Indian and Marrowstone islands.<br />
King The area west of Highway 203 (Monroe-<br />
Fall City, then Fall City-Preston Road) to<br />
Interstate 90 (I-90), I-90 to Highway 18,<br />
Highway 18 to Interstate 5 (I-5), I-5 to the<br />
Pierce-King County line; Vashon and<br />
Maury islands.<br />
This area is restricted to archery only:<br />
The following portion of GMU 652 (Puyallup):<br />
Beginning at the intersection of<br />
State Highway 410 and the southeast Mud<br />
Mountain Dam Road near the King/Pierce<br />
County line north of Buckley; then east<br />
along the southeast Mud Mountain Road<br />
to 284th Avenue Southeast; then north<br />
along 284th Avenue Southeast to State<br />
Highway 410; then west along Highway<br />
410 to the point of the beginning.
COUNTY AREA<br />
Kitsap East of State Highway 16 originating at<br />
the Tacoma Narrows Bridge to Gorst, and<br />
east of Highway 3 to Newbury Hill Road,<br />
north of Newbury Hill Road and the<br />
Bremerton-Seabeck Highway to Big Beef<br />
Creek Bridge; all of Bainbridge Island,<br />
and Bangor Military Reservation.<br />
Kittitas GMU 334 (Ellensburg) Closed to centerfire<br />
rifles during deer and elk seasons.<br />
Klickitat Elk Area 5062 (Trout Lake) closed to centerfire<br />
rifles, handguns, and muzzleloaders<br />
October 1 to December 15.<br />
Mason GMU 633 (Mason Lake) south of Hammersley<br />
Inlet; and all of Harstene Island.<br />
Pacific GMU 684 (Long Beach) west of Sand<br />
Ridge Road. The portion of GMU 658<br />
(North River) south and west of State<br />
Highway 105 and Airport Road between<br />
Raymond and North River Bridge. GMU<br />
681 between U.S. Highway 101, Chinook<br />
Valley Road and the Columbia River from<br />
Astoria-Megler bridge to the Wallacut<br />
River.<br />
Pierce GMU 652 (Anderson and Ketron islands)<br />
limited to archery, shotgun, and muzzleloader.<br />
McNeil Island closed to hunting.<br />
See GMU 652 restriction area outlined for<br />
King County.<br />
GMU 627 (Kitsap) south of Highway 302<br />
on the Longbranch Peninsula is a firearm<br />
restriction area.<br />
San Juan All San Juan County.<br />
Snohomish All areas west of Highway 9, until the<br />
intersection of Highway 9 and Highway 2,<br />
then east along Highway 2 to Highway<br />
203, then all areas west of Highway 203<br />
to the Snohomish/King County line.<br />
Skagit All mainland areas and islands in Skagit<br />
County west of I-5 and north of the<br />
Skagit/Snohomish County line, except<br />
Cypress Island. This restriction applies to<br />
big game hunting only.<br />
Skamania That portion of GMU 564 (Battle Ground)<br />
in Skamania County.<br />
Thurston GMU 666 (Deschutes) north of U.S.<br />
Highway 101 and Interstate 5 between<br />
Oyster Bay and the mouth of the<br />
Nisqually River.<br />
Whatcom All mainland areas and islands of Whatcom<br />
County that are west of I-5. This<br />
restriction applies to big game hunting<br />
only.<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
((2.)) (b) Archery tag holders may only hunt during<br />
established archery seasons with archery equipment as<br />
defined under WAC 232-12-054.<br />
(c) Muzzleloader tag holders may only hunt during<br />
established muzzleloader seasons with muzzleloader equipment<br />
as defined ((under WAC 232-12-051)) in department<br />
rule.<br />
(d) Modern firearm tag holders may hunt during established<br />
modern firearm seasons with bows and arrows; crossbows;<br />
muzzleloaders; revolver-type handguns; or shotguns,<br />
so long as the equipment ((used meets the department's regulations<br />
for that equipment)) and ammunition complies with<br />
department rules.<br />
((3.)) (6) A violation of ((any provision in 1. or 2. under<br />
"Firearm Restriction Areas - Unlawful Acts")) subsection (5)<br />
of this section is punishable under RCW 77.15.400, 77.15.-<br />
410, or 77.15.430, depending on the species hunted.<br />
AMENDATORY SECTION (Amending Order 12-70, filed<br />
5/2/12, effective 6/2/12)<br />
WAC 232-28-273 2012-2014 Moose((, bighorn sheep,<br />
and mountain goat)) season((s)) and permit quotas. (1) It<br />
is unlawful to fail to comply with the provisions of this section.<br />
A violation of species, sex, size, number, area, season,<br />
or eligibility requirements is punishable under RCW 77.15.-<br />
410.<br />
(((1))) (2) Moose Permit Hunts<br />
(a) Who May Apply: Anyone ((may apply,)) EXCEPT<br />
those who previously harvested a moose ((previously)) in<br />
Washington state may apply for a moose permit. An individual<br />
may only harvest one moose during ((their)) his or her<br />
lifetime (((except)). However, this restriction is waived for<br />
hunters who have previously harvested a moose under an antlerless-only<br />
((hunts)), master-hunter hunt((s)), ((and)) raffle<br />
((and)), or auction ((hunts))) permit, as well as for applications<br />
for an antlerless-only, master-hunter, raffle, or auction<br />
permit.<br />
(b) Bag Limit: One moose.<br />
(c) Weapon Restrictions: Permit holders may use any<br />
legal weapon.<br />
[ 97 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Hunt<br />
Permit<br />
Permit Hunt<br />
Special<br />
Name<br />
Season<br />
Boundary Description Restrictions Permits<br />
Kettle Range/East Okanogan Oct. 1 - Nov. 30 GMUs 101, 105, 204 Any Moose 10<br />
Selkirk Mtns. A Oct. 1 - Nov. 30 GMU 113 Any Moose 15<br />
Selkirk Mtns. Bd Oct. 1 - Nov. 30 GMU 113 Antlerless Only 2<br />
Mt. Spokane South A Oct. 1 - Nov. 30 Moose Area 1 Any Moose 8<br />
Mt. Spokane South B Oct. 1 - Nov. 30 Moose Area 1 Antlerless Only 8<br />
Mt. Spokane North A Oct. 1 - Nov. 30 Moose Area 2 Any Moose 8<br />
Mt. Spokane North B Oct. 1 - Nov. 30 Moose Area 2 Antlerless Only 7<br />
Mt. Spokane North Cb Oct. 1 - Nov. 30 Moose Area 2 Antlerless Only 1<br />
Mt. SpokaneHC Dec. 1 - Mar. 31 GMUs 124, 127, and 130 Antlerless Only ((20))<br />
within Spokane County<br />
10HC Mt. Spokane South - Youth Oct. 1 - Nov. 30 Moose Area 1 Antlerless Only 8<br />
Only a<br />
Mt. Spokane North - Youth<br />
Only a<br />
Oct. 1 - Nov. 30 Moose Area 2 Antlerless Only 8<br />
49 Degrees North A Oct. 1 - Nov. 30 GMU 117 Any Moose 21<br />
49 Degrees North Bb Oct. 1 - Nov. 30 GMU 117 Antlerless Only 3<br />
49 Degrees North Cc Oct. 1 - Nov. 30 GMU 117 Antlerless Only 2<br />
49 Degrees North Youth Oct. 1 - Nov. 30 GMU 117 Antlerless Only 2<br />
Only a<br />
Three Forks Oct. 1 - Nov. 30 GMUs 108, 111 Any Moose 6<br />
Hangman A Oct. 1 - Nov. 30 GMUs 127, 130 Any Moose 7<br />
Hangman B Oct. 1 - Nov. 30 GMUs 127, 130 Antlerless Only 7<br />
Huckleberry Range A Oct. 1 - Nov. 30 GMUs 121, 124 west of Hwy<br />
395<br />
Any Moose 7<br />
Huckleberry Range Bc Oct. 1 - Nov. 30 GMUs 121, 124 west of Hwy<br />
395<br />
Antlerless Only 2<br />
a Applicants must be eligible to purchase a youth moose permit application. An adult must accompany the youth hunter((s must<br />
be accompanied by an adult)) during the hunt.<br />
b Applicants must possess a Disabled Hunter Permit.<br />
c Applicants must be eligible to purchase a 65 years of age or older permit application.<br />
d Applicants must be a certified hunter education instructor who meets program-defined eligibility criteria.<br />
HC This is a damage hunt administered by a WDFW designated hunt coordinator. Only master hunters may apply, and any weapon<br />
may be used. Successful applicants will be contacted on an as-needed basis to help with specific sites of nuisance moose activity<br />
in designated areas. Not all successful applicants will be contacted in any given year.<br />
(3) Moose Areas:<br />
(a) Moose Area 1: South Spokane Moose Area:<br />
That portion of GMU 124 beginning at intersection of Blanchard Rd and Idaho-Washington state line: W on Blanchard Rd to<br />
Blanchard Creek Rd; SW on Blanchard Creek Rd to Tallman Rd; W on Tallman Rd to Elk Chattaroy Rd; SW on Elk Chattaroy<br />
Rd to Hwy 2; S on Hwy 2 to Hwy 395, S on Hwy 395 to Spokane River, E on Spokane River to Idaho-Washington state line, N<br />
on Idaho-Washington state line to Blanchard Rd and the point of beginning.<br />
(b) Moose Area 2: North Spokane Moose Area:<br />
That portion of GMU 124 beginning at intersection of Blanchard Rd and Idaho-Washington state line: W on Blanchard Rd to<br />
Blanchard Creek Rd; SW on Blanchard Creek Rd to Tallman Rd; W on Tallman Rd to Elk Chattaroy Rd; SW on Elk Chattaroy<br />
Rd to Hwy 2; S on Hwy 2 to Hwy 395, N on Hwy 395 to Deer Park-Milan Rd, E on Deer Park-Milan Rd to Hwy 2, N on Hwy<br />
2 to Idaho-Washington state line, S on Idaho-Washington state line to Blanchard Rd and the point of beginning.<br />
(((2) Bighorn Sheep Permit Hunts<br />
Who May Apply: Anyone may apply, EXCEPT those who harvested a bighorn sheep previously in Washington state. An individual<br />
may only harvest one bighorn sheep during their lifetime (except waived for raffle and auction hunts, and ewe only hunts).<br />
Bag Limit: One bighorn ram (except in designated adult ewe hunts, one bighorn adult ewe).<br />
<strong>Proposed</strong> [ 98 ]
a Applicants must be eligible to purchase a 65 years of age or<br />
older permit application.<br />
b Applicants must be eligible to purchase a youth bighorn<br />
sheep permit application. Youth hunters must be accompanied<br />
by an adult during the hunt.<br />
Bighorn Sheep Units:<br />
Sheep Unit 2 Vulcan Mountain: Permit Area: Ferry<br />
County north of the Kettle River near Curlew.<br />
Sheep Unit 4 Selah Butte: Permit Area: That part of<br />
Yakima and Kittitas counties between Ellensburg and<br />
Yakima east of the Yakima River and north of Selah Creek,<br />
west of Interstate 82 and south of Interstate 90.<br />
Sheep Unit 5 Umtanum: Permit Area: Those portions of<br />
Yakima and Kittitas counties west of the Yakima River, north<br />
of Wenas Creek, and east of USFS Road 1701 to Manastash<br />
Lake and its drainage; south and east along the South Fork<br />
Manastash Creek to Manastash Creek and the Yakima River.<br />
Sheep Unit 7 Cleman Mountain: Permit Area: That part of<br />
Yakima County south of Wenas Creek and east of USFS<br />
Road 1701, north of Highway 410 and Highway 12 and west<br />
of the Yakima River.<br />
Sheep Unit 10 Mt. Hull: Permit Area: That part of Okanogan<br />
County within the following described boundary: Beginning<br />
at Oroville; then south along U.S. Highway 97 to the<br />
Swanson's Mill Road (old Mt. Hull Road) near Lake<br />
Andrews; then east to the Dry Gulch Road; then north to the<br />
Oroville-Toroda Creek Road (Molson Grade Road); then<br />
west to Oroville and the point of beginning.<br />
Sheep Unit 11 Wenaha Wilderness: Permit Area: That<br />
part of GMU 169 within Crooked Creek drainage.<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Hunt<br />
Permit<br />
Permit Hunt<br />
Special<br />
Name<br />
Season Boundary Description Restrictions Permits<br />
Vulcan Mountain Sept. 15 - Oct. 10 Sheep Unit 2 Any Legal Weapon 1<br />
Selah Butte Nov. 5-30 Sheep Unit 4 Any Legal Weapon 3<br />
Umtanum Sept. 15 - Oct. 10 Sheep Unit 5 Any Legal Weapon 2<br />
Cleman Mountain A Sept. 15 - Oct. 10 Sheep Unit 7 Any Legal Weapon 6<br />
Cleman Mountain B Nov. 5-30 Sheep Unit 7 Any Legal Weapon 6<br />
Mt. Hull A Sept. 15 - Oct. 10 Sheep Unit 10 Any Legal Weapon 1<br />
Mt. Hull B Oct. 1-10 Sheep Unit 10 Adult ewe only<br />
Any Legal Weapon<br />
1<br />
Mt. Hull Cb Oct. 1-10 Sheep Unit 10 Adult ewe only<br />
Any Legal Weapon<br />
1<br />
Lincoln Cliffs Sept. 15 - Oct. 10 Sheep Unit 12 Any Legal Weapon 1<br />
Quilomene Sept. 15 - Oct. 10 Sheep Unit 13 Any Legal Weapon 3<br />
Swakane Sept. 15 - Oct. 10 Sheep Unit 14 Any Legal Weapon 1<br />
Tieton A Sept. 15 - 30 Sheep Unit 15 Any Legal Weapon 3<br />
Tieton B Nov. 5-30 Sheep Unit 15 Any Legal Weapon 3<br />
Manson Nov. 5-30 Sheep Unit 16 Any Legal Weapon 2<br />
Asotin Sept. 15 - Oct. 10 Sheep Unit 17 Any Legal Weapon 2<br />
Chelan Butte Sept. 15 - Oct. 10 Sheep Unit 18 Any Legal Weapon 1<br />
Sinlahekin Sept. 15 - Oct. 10 Sheep Unit 19 Any Legal Weapon 1<br />
Sheep Unit 12 Lincoln Cliffs: Permit Area: That part of<br />
Lincoln County north of Highway 2.<br />
Sheep Unit 13 Quilomene: Permit Area: GMUs 329, 330,<br />
and 251 south of Colockum Creek.<br />
Sheep Unit 14 Swakane: Permit Area: GMU 250.<br />
Sheep Unit 15 Tieton: Permit Area: GMU 360.<br />
Sheep Unit 16 Manson: Permit Area: Beginning at the<br />
mouth of Granite Falls Creek on the south shore of Lake<br />
Chelan, E across Lake Chelan to Willow Point; NW along the<br />
shoreline of Lake Chelan to the mouth of Stink Creek; E<br />
along Stink Creek to the intersection with Green's Landing<br />
Road; along Green's Landing Road to Manson Boulevard; E<br />
on Manson Boulevard to Lower Joe Creek Road; NE on<br />
Lower Joe Creek Road to Grade Creek Road; NE on Grade<br />
Creek Road to US Forest Service Road 8210; NE on US Forest<br />
Service Road 8210 to intersection with US Forest Service<br />
Road 8020; W on US Forest Service Road 8020 to Fox Peak;<br />
NW along Sawtooth Ridge (Chelan-Okanogan County Line)<br />
to the Lake Chelan National Recreation Area boundary; S<br />
along the Lake Chelan National Recreation Area boundary to<br />
shore line of Lake Chelan; W across Lake Chelan to the<br />
mouth of Riddle Creek on the South Shore; SE along South<br />
Shore of Lake Chelan to the point of beginning.<br />
Sheep Unit 17 Asotin: Permit Area: GMU 175.<br />
Sheep Unit 18 Chelan Butte: Permit Area: Beginning at<br />
the intersection of State Hwy 971 and US Hwy 97A, S to the<br />
W shoreline of the Columbia River, N along the W shoreline<br />
of the Columbia River for 21 miles to the mouth of Antione<br />
Creek, W up Antione Creek to where it crosses Apple Acres<br />
Rd, W on Apple Acres Rd to the intersection with Washing-<br />
[ 99 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
ton Creek Rd (US Forest Service Rd 8135), N on Washington<br />
Creek Rd to its end and then follow Washington Creek, W on<br />
Washington Creek to where it crosses US Forest Service Rd<br />
8010, S on US Forest Service Rd 8010 (transitions into Purtteman<br />
Creek Rd) to Purtteman Gulch, S into Purtteman<br />
Gulch to the N shoreline of Lake Chelan, S along the shoreline<br />
to the S shoreline of Lake Chelan to the mouth of First<br />
Creek, S up First Creek to the intersection of State Hwy 971<br />
(Navarre Coulee Rd), S on State Hwy 971 to the point of<br />
beginning.<br />
Sheep Unit 19 Sinlahekin: Beginning at the eastern boundary<br />
of the Pasayten Wilderness border and the US-Canadian<br />
border; E on the US-Canadian border to the border station on<br />
Similkameen Rd (Co. Rd 4568); SE on the Similkameen Rd<br />
(Co. Rd 4568) to the Loomis-Oroville Rd (Co. Rd 9425); E<br />
on the Loomis-Oroville Rd (Co. Rd 9425) to US Hwy 97 in<br />
Oroville; S on US Hwy 97 to 12th Ave; W on 12th Ave (it<br />
curves S and changes to Old Highway 97); S on Old Highway<br />
97 to US Hwy 97; S on US Hwy 97 to the South Pine Creek<br />
Rd (Co. Rd 9410); W on the South Pine Creek Rd (Co. Rd<br />
9410) to Fish Lake Rd (Co. Rd 4290); W on Fish Lake Rd<br />
(Co. Rd 4290) to South Fish Lake Rd (Co. Rd 4282), along<br />
the south shore of Fish Lake; SW on South Fish Lake Rd (Co.<br />
Rd 4282), to the Sinlahekin Rd (Co. Rd 4015); SW on the<br />
Sinlahekin Rd (Co. Rd 4015), along the north shore of Con-<br />
<strong>Proposed</strong> [ 100 ]<br />
conully Lake, to the Salmon Creek North Fork Rd (Co. Rd<br />
2361), at the town of Conconully; N on US Forest Service Rd<br />
38 (Salmon Creek North Fork Rd, Co. Rd 2361) to US Forest<br />
Service Rd 3820; N on US Forest Service Rd 3820 over Lone<br />
Frank Pass, to US Forest Service Rd 39; N on US Forest Service<br />
Rd 39 to the US Forest Service Rd 300 at Long Swamp<br />
trailhead; W on the US Forest Service Rd 300 to US Forest<br />
Service Trail 342; N on US Forest Service Trail 342 to US<br />
Forest Service Trail 343; E on US Forest Service Trail 343 to<br />
US Forest Service Trail 341; E on US Forest Service Trail<br />
341 to US Forest Service Trail 375; E on US Forest Service<br />
Trail 375 to the eastern boundary of the Pasayten Wilderness<br />
Area; N on the Pasayten Wilderness Area boundary to the<br />
US-Canadian border and the point of beginning.<br />
(3) Mountain Goat Permit Hunts<br />
Who May Apply: Anyone may apply, except those who<br />
harvested a mountain goat in Washington state after 1998. An<br />
individual may only harvest one mountain goat during their<br />
lifetime, except for those who harvested a goat prior to 1999.<br />
(Except waived for raffle and auction hunts.)<br />
Bag Limit: One (1) adult goat of either sex with horns four<br />
(4) inches or longer. WDFW urges hunters to refrain from<br />
shooting nannies with kids.<br />
Hunt<br />
Permit<br />
Name<br />
Seasonb Subpopulations<br />
Open to Huntinga Special<br />
Restrictions Permitsa Mt. Baker Sept. 15 - Oct. 31 Chowder Ridge, Coleman<br />
Pinnacle, Lava Divide,<br />
Black Buttes, Lake Ann,<br />
SE Baker<br />
Any Legal Weapon 7<br />
North Lake Chelan Sept. 15 - Oct. 31 Skookum Pass Mtn., Big<br />
Goat Creek<br />
Any Legal Weapon 2<br />
Naches Pass Sept. 15 - Oct. 31 Fife's East, Fife's Peak,<br />
Crystal Mountain, Basin<br />
Lake<br />
Any Legal Weapon 1<br />
Bumping River Sept. 15 - Oct. 31 Nelson Ridge, Cash Prairie,<br />
American Ridge, American<br />
Lake, Timber Wolf, Russell<br />
Ridge<br />
Any Legal Weapon 1<br />
Blazed Ridge Sept. 15 - Oct. 31 Blowout Mtn., Blazed<br />
Ridge, Blazed North, Milk<br />
Creek, Rock Creek<br />
Any Legal Weapon 1<br />
Goat Rocks-Tieton River Sept. 15 - Oct. 31 Chimney Rocks, Goat<br />
Lake, McCall Glacier, Gilbert<br />
Peak<br />
Any Legal Weapon 3<br />
Methow Sept. 15 - Oct. 31 Wolf Creek, West Fork<br />
Methow<br />
Any Legal Weapon 1<br />
South Lake Chelan Sept. 15 - Oct. 31 Railroad Creek, Pyramid<br />
Mountain, Box Canyon<br />
Any Legal Weapon 1<br />
a Mountain goat populations are managed as a collection of subpopulations, and the ideal harvest is distributed through all the<br />
subpopulations. The director is authorized to open or close subpopulations and reduce permit levels to protect from overharvesting<br />
specific areas.<br />
The director is authorized by the commission to identify the hunt area as a condition of the hunt permit. Selected hunters will<br />
receive a text description or map of their hunt area.
Permit hunters may start hunting September 1 with archery equipment.))<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
AMENDATORY SECTION (Amending Order 12-90, filed 5/23/12, effective 6/23/12)<br />
WAC 232-28-286 2013, 2014, and 2015 Spring black bear seasons and regulations. It is unlawful to fail to comply with<br />
the provisions below. Violators may be punished under RCW 77.15.410, 77.15.245, and 77.15.280 (1)(c).<br />
Who May Apply: Anyone with a valid Washington big game license, which includes black bear as a species option.<br />
Hunt Areas, Permit Levels, and Season Dates for Each License Year:<br />
Hunt Name Hunt Area Permits Season Datesb Sherman GMU 101 25 April 1 - June 15<br />
Kelly Hill GMU 105 25 April 1 - June 15<br />
Douglas GMU 108 20 April 1 - June 15<br />
Aladdin GMU 111 25 April 1 - June 15<br />
49 Degrees North GMU 117 50 April 1 - June 15<br />
Huckleberry GMU 121 50 April 1 - June 15<br />
Blue Creek GMU 154 15 April 15 - May 31<br />
Dayton GMU 162 15 April 15 - May 31<br />
Tucannon GMU 166 5 April 15 - May 31<br />
Wenaha GMU 169 45 April 15 - June 15<br />
Mt. View GMU 172 15 April 15 - May 31<br />
Lick Creek GMU 175 15 April 15 – May 31<br />
Couse GMU 181 4 April 15 - May 31<br />
Grande Ronde GMU 186 5 April 15 - May 31<br />
North Skagit That portion of GMU 418 that is designated<br />
as the hunt area by DNR, Sierra<br />
Pacific, and Grandy Lake Timber company.<br />
Monroe That portion of GMU 448 that is designated<br />
as the hunt area by DNR, Campbell<br />
Group, and Longview Timber<br />
Lands.<br />
Copalisa That portion of GMU 642 that is designated<br />
as the hunt area by Rayonier Timber<br />
Company.<br />
Kapowsina That portion of GMUs 653 and/or 654<br />
that is designated as the hunt area by<br />
Hancock Forest Management and International<br />
Forestry.<br />
Lincolna That portion of GMU 501 that is designated<br />
as the hunt area by participating<br />
commercial timber landowners.<br />
Bag Limit: One black bear per black bear special permit season.<br />
License Required: A valid big game hunting license, which<br />
includes black bear as a species option, is required to hunt<br />
black bear. One black bear transport tag is included with a big<br />
game hunting license that has black bear as a species option.<br />
Hunting Method: Hunters may use any lawful big game<br />
modern firearm, archery, or muzzleloader equipment for<br />
((20)) 30 April 15 - ((May 31))<br />
June 15<br />
25 April 15 - ((May 31))<br />
June 15<br />
100 April 15 - June 15<br />
150 April 15 - June 15<br />
75 April 15 - June 15<br />
aSpring black bear hunting seasons under this area constitute a pilot program to reduce black bear damage to trees.<br />
bPermits are valid for the license year they are issued.<br />
hunting black bear. The use of dogs or bait to hunt black bear<br />
is prohibited statewide.<br />
Submitting Bear Teeth: Successful bear hunters must submit<br />
the black bear premolar located behind the canine tooth<br />
of the upper jaw.<br />
[ 101 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
AMENDATORY SECTION (Amending Order 12-70, filed<br />
5/2/12, effective 6/2/12)<br />
WAC 232-28-296 Landowner hunting permits. A<br />
landowner may enter into a contract with the department and<br />
establish boundaries and other requirements for hunter access<br />
consistent with commission policy.<br />
It is unlawful for hunters to participate in landowner-permit<br />
hunts unless the hunters possess both an access permit from<br />
the landowner and a hunting permit from the department for<br />
the species covered under landowner's contract. A violation<br />
of this section is punishable under RCW 77.15.410.<br />
(1) Buckrun<br />
Buckrun is located in Grant County, near the town of Wilson<br />
Creek.<br />
<strong>Proposed</strong> [ 102 ]<br />
Hunting on Buckrun is managed for a quality experience by<br />
scheduling hunt dates and keeping the number of hunters in<br />
the field low. Hunters with limited flexibility for hunt dates<br />
may experience scheduling problems. Hunters can generally<br />
expect one day hunts during the permit seasons with written<br />
authorization from the Buckrun manager. All hunters must<br />
check in and out on hunt day. Hunts will be scheduled on a<br />
first come basis by calling 509-345-2577 in advance.<br />
Deer<br />
Buckrun Landowner Hunting Permits<br />
The manager of Buckrun will distribute these hunting permits.<br />
An access fee may be charged in order to utilize these<br />
permits. No access fee will be charged for the raffle permit<br />
winners. Only hunters possessing a modern firearm deer tag<br />
are eligible for permits on Buckrun properties. Contact the<br />
manager at 509-345-2577 for additional information.<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
Buckrun 10 Sept. 1 - Dec. 31 Antlerless Mule Deer or<br />
any White-tailed Deer<br />
Buckrun<br />
Buckrun 30 Sept. 1 - Dec. 31 Any deer Buckrun<br />
Buckrun Raffle<br />
Deer<br />
10 Oct. 26 - Dec. 31 Any deer Buckrun<br />
Buckrun Special Hunting Permits<br />
Hunters apply to the Washington department of fish and wildlife for these permits. Only hunters possessing a modern firearm<br />
deer tag are eligible for Buckrun special permits. All hunters must check in and out. Schedule hunts in advance by calling 509-<br />
345-2577.<br />
(2) Silver Dollar Association<br />
The Silver Dollar Association is located in Yakima and Benton counties, on the western edge of the Hanford Reservation. A<br />
legal description of the property is in the contract between the Silver Dollar Association and the department.<br />
Silver Dollar Association Landowner Hunting Permits<br />
The manager of the Silver Dollar Association will distribute these hunting permits. An access fee may be charged in order to<br />
utilize these permits.<br />
Elk<br />
Silver Dollar Special Hunting Permits<br />
Hunters apply to the Washington department of fish and wildlife for these permits. ((The landowners have requested changing<br />
the application criteria to eastside elk tags only.))<br />
Elk<br />
Hunt Name<br />
Permit<br />
Number Permit Season Special Restrictions Boundary Description<br />
Buckrun 10 Sept. 1 - Dec. 31 Antlerless Mule Deer or any Whitetailed<br />
Deer<br />
Buckrun<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
Silver Dollar 24 Aug. 1 - March 31 Any Elk Silver Dollar<br />
Silver Dollar 8 Aug. 1 - March 31 Antlerless Silver Dollar<br />
Permit<br />
Boundary<br />
Hunt Name Number Weapon/Tag Permit Season Special Restrictions Description<br />
Silver Dollar 8 EA, EF, EM Aug. 1 - March 31 Youth Only, Any Elk Silver Dollar<br />
Silver Dollar 6 EA, EF, EM Aug. 1 - March 31 Youth Only, Antlerless Silver Dollar<br />
Antlerless Elk<br />
Elk Only
Hunt Name<br />
Silver Dollar<br />
Antlerless Elk<br />
(3) Blackrock Ranches<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Blackrock Ranches is located in Yakima County, west of the Hanford Reservation. A legal description of the property is in the<br />
contract between Blackrock Ranches and the department.<br />
Blackrock Ranches Landowner Hunting Permits<br />
The manager of Blackrock Ranches will distribute these hunting permits. An access fee may be charged in order to utilize these<br />
permits.<br />
Elk<br />
Blackrock Ranches Special Hunting Permits<br />
Hunters apply to the Washington department of fish and wildlife for these permits. The landowners have requested changing the<br />
application criteria to eastside elk tags only.<br />
Elk<br />
(4) Pine Mountain Ranch<br />
The Pine Mountain Ranch is located in Yakima County, 14 miles west of Yakima. A legal description of the property is in the<br />
contract between the Pine Mountain Ranch and the department.<br />
Pine Mountain Ranch Landowner Hunting Permits<br />
The manager of the Pine Mountain Ranch will distribute these hunting permits. An access fee may be charged in order to utilize<br />
these permits.<br />
Deer<br />
Elk<br />
Permit<br />
Number Weapon/Tag Permit Season Special Restrictions<br />
2 EA, EF, EM Aug. 1 - March 31 Persons of Disability<br />
Only, Antlerless Elk<br />
Only<br />
Boundary<br />
Description<br />
Silver Dollar<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
Blackrock<br />
Ranches<br />
6 Aug. 1 - March 31 Any Elk Blackrock Ranches<br />
Blackrock<br />
Ranches<br />
2 Aug. 1 - March 31 Antlerless Blackrock Ranches<br />
Hunt Name<br />
Blackrock<br />
Ranches<br />
Blackrock<br />
Ranches<br />
Blackrock<br />
Ranches<br />
Blackrock<br />
Ranches<br />
Permit<br />
Number Weapon/Tag Permit Season<br />
1 EA, EF, EM Aug. 1 - March<br />
31<br />
1 EA, EF, EM Aug. 1 - March<br />
31<br />
1 EA, EF, EM Aug. 1 - March<br />
31<br />
1 EA, EF, EM Aug. 1 - March<br />
31<br />
Special Restrictions<br />
Boundary Description<br />
Any Elk Blackrock Ranches<br />
Antlerless Only Blackrock Ranches<br />
Youth Only, Any<br />
Elk<br />
Youth Only, Antlerless<br />
Only<br />
Blackrock Ranches<br />
Blackrock Ranches<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
Pine Mountain<br />
Ranch<br />
2 Nov. ((5)) 4 - Dec. 31 Any Buck Pine Mountain Ranch<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
Pine Mountain 1 ((Nov. 5)) Aug. 1 - Dec.<br />
Any Bull Pine Mountain Ranch<br />
Ranch<br />
31<br />
Pine Mountain<br />
Ranch<br />
2 August 1 - Nov. ((4)) 3 Antlerless Pine Mountain Ranch<br />
[ 103 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Pine Mountain Ranch Special Hunting Permits<br />
Hunters apply to Washington department of fish and wildlife for these permits.<br />
Deer<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
Pine Mountain<br />
Ranch<br />
2 Nov. ((5)) 4 - Dec. 31 Youth Only, Any Buck Pine Mountain Ranch<br />
Elk<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
Pine Mountain 1 ((Nov. 2)) Aug. 1 - Dec. Youth Only, Any Bull Pine Mountain Ranch<br />
Ranch<br />
31<br />
Pine Mountain<br />
Ranch<br />
2 Aug. 1 - Nov. ((4)) 3 Antlerless Pine Mountain Ranch<br />
(5) 4-0 Ranch<br />
The 4-0 Ranch is located in Asotin County (GMU 172), south of Asotin. A legal description of the property is in the contract<br />
between the 4-0 Ranch and the department.<br />
4-0 Ranch Landowner Hunting Permits<br />
The manager of the 4-0 Ranch will distribute these hunting permits. An access fee may be charged in order to utilize these permits.<br />
Deer<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
4-0 Ranch A 4 Oct. ((13-16)) 12-15 Mule Deer, 3 pt. min 4-0 Ranch<br />
4-0 Ranch B 2 Nov. ((12-16)) 11-15 Mule Deer, 3 pt. min 4-0 Ranch<br />
4-0 Ranch ((East B)) C 1 Nov. ((16-19)) 15-18 White-tailed, 3 pt. min 4-0 Ranch<br />
Elk<br />
4-0 Ranch Special Hunting Permits<br />
Hunters apply to Washington department of fish and wildlife for these permits. Hunters need an Eastside Elk tag to apply for the<br />
elk permits.<br />
Deer<br />
Elk<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
4-0 Ranch A 2 Sept. ((17-21)) 16-20 Any Bull 4-0 Ranch<br />
4-0 Ranch B 1 Oct. ((22-25)) 21-24 Any Bull 4-0 Ranch<br />
((4-0 Ranch C 1 Nov. 5-8 Any Bull 4-0 Ranch))<br />
4-0 Ranch ((D)) C 4 Oct. ((27-30)) 26-29 Spike Only 4-0 Ranch<br />
4-0 Ranch ((E)) D 8 Sept. ((27-30)) 26-29 Antlerless Only 4-0 Ranch<br />
4-0 Ranch ((F)) E 2 Oct. ((27-30)) 26-29 Antlerless Only 4-0 Ranch<br />
4-0 Ranch ((G)) F 6 Nov. ((22-25)) 21-24 Antlerless Only 4-0 Ranch<br />
((4-0 Ranch H))<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
4-0 Ranch A 1 Oct. ((17-21)) 16-20 Mule Deer, 3 pt. min 4-0 Ranch<br />
4-0 Ranch B 1 Nov. ((17-21)) 16-20 Mule Deer, 3 pt. min 4-0 Ranch<br />
4-0 Ranch C 1 Nov. ((26)) 25 - Dec.<br />
((2)) 1<br />
Whitetail, 3 pt. min 4-0 Ranch<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
4-0 Ranch A 2 Sept. 22-26 Any Bull 4-0 Ranch<br />
<strong>Proposed</strong> [ 104 ]
(6) ZMI Ranch<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
ZMI Ranch is located in northern Walla Walla County near Lyons Ferry (GMU 149).<br />
Deer<br />
ZMI Landowner Hunting Permits<br />
The manager of ZMI Ranch will distribute these hunting permits. An access fee may be charged in order to utilize these permits.<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
((ZMI A 2 Oct. 22-28 Antlerless, Mule Deer or Whitetailed<br />
Deer<br />
ZMI))<br />
ZMI ((B)) A 2 Oct. ((22-28)) 21-27 3 pt. min ZMI<br />
ZMI ((C)) B<br />
Deer<br />
4 Nov. ((17)) 16 - Dec. ((9)) 8 3 pt. min ZMI<br />
ZMI Special Hunting Permits<br />
Hunters apply to the Washington department of fish and wildlife for these permits. Only hunters possessing a modern firearm<br />
deer tag are eligible for ZMI special permits. All hunters must check in and out and have them provided a scheduled time by the<br />
manager.<br />
(7) Columbia Plateau Wildlife Management Association<br />
The Columbia Plateau Wildlife Management Association (CPWMA) LHP is located in Spokane County (GMU 130), near Turnbull<br />
National Wildlife Refuge. Hunting is primarily a damage hunt but managed for a quality experience by keeping the number<br />
of hunters in the field low. A legal description of the property is in the contract between the CPWMA and the department.<br />
Columbia Plateau Wildlife Management Association Landowner Hunting Permits<br />
The manager of the CPWMA will distribute these hunting permits. No access fee will be charged for the raffle permit winners.<br />
Only hunters possessing an elk tag are eligible for permits on CPWMA properties. All successfully drawn permit applicants<br />
must have written authorization from the CPWMA manager and must check in and out at the beginning and ending of the scheduled<br />
dates. Successful applicants will receive a packet of required information with forms to fill out and a map showing the hunt<br />
area. Information must be filled out and returned prior to Sept 30. Applicants ((may)) see web site www.cpwma.org or contact<br />
the hunt manager at 509-263-4616.<br />
Elk<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
((4-0 Ranch B 1 Nov. 9-12 Any Bull 4-0 Ranch))<br />
4-0 Ranch ((C)) B 1 Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Spike Only 4-0 Ranch<br />
4-0 Ranch ((D)) C 4 Oct. ((5-8)) 4-7 Antlerless Only 4-0 Ranch<br />
4-0 Ranch ((E)) D 2 Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless Only 4-0 Ranch<br />
4-0 Ranch ((F)) E 2 Nov. ((29)) 28 - Dec.<br />
((2)) 1<br />
Antlerless Only 4-0 Ranch<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
((ZMI A 2 Oct. 8-12 Antlerless, Mule Deer or Whitetailed<br />
Deer<br />
ZMI))<br />
ZMI ((B)) A 2 Nov. ((2-5)) 1-4 3 pt. min ZMI<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
CPWMA 2 Jan. 1 - Mar. 31 Antlerless CPWMA<br />
CPWMA Raffle 1 2 Jan. 1-15 Antlerless CPWMA<br />
CPWMA Raffle 2 2 Jan. 16-31 Antlerless CPWMA<br />
CPWMA Raffle 3 3 Feb. 1-14 Antlerless CPWMA<br />
CPWMA Raffle 4 2 Feb. 15-28 Antlerless CPWMA<br />
CPWMA Raffle 5 2 Mar. 1-15 Antlerless CPWMA<br />
[ 105 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
CPWMA Raffle 6 2 Mar. 16-31 Antlerless CPWMA<br />
CPWMA Raffle 7 2 Jan. 1-31 Any bull CPWMA<br />
Columbia Plateau Wildlife Management Association Special Hunting Permits<br />
Hunters apply to the Washington department of fish and wildlife for these permits. All successfully drawn permit applicants<br />
must have written authorization from the CPWMA manager and must check in and out at the beginning and ending of the scheduled<br />
dates. Successful applicants will receive a packet of required information with forms to fill out and a map showing the hunt<br />
area. Information must be filled out and returned prior to Sept 30. Applicants ((may)) see web site www.cpwma.org or contact<br />
the hunt manager at 509-263-4616.<br />
Hunt Name Quota Access Season Special Restrictions Boundary Description<br />
CPWMA 1 3 Jan. 1-15 Antlerless CPWMA<br />
CPWMA 2 2 Jan. 16-31 Antlerless CPWMA<br />
CPWMA 3 ((3)) 2 Feb. 1-14 Antlerless CPWMA<br />
CPWMA 4 ((2)) 3 Feb. 15-28 Antlerless CPWMA<br />
CPWMA 5 3 Mar. 1-15 Antlerless CPWMA<br />
CPWMA 6 2 Mar. 16-31 Antlerless CPWMA<br />
CPWMA 7 1 Jan. 1-31 Any bull CPWMA<br />
AMENDATORY SECTION (Amending Order 11-86, filed<br />
5/6/11, effective 6/6/11)<br />
WAC 232-28-334 Game management units (GMUs)<br />
boundary descriptions—Region four.<br />
GMU 407-NORTH SOUND (Whatcom, Skagit, Snohomish<br />
and King counties): Does not include Guemes Island.<br />
Beginning at the NW corner of Whatcom County line and the<br />
US-Canadian border; E on the US-Canadian border to a point<br />
due north of Silver Lake Rd; S to Silver Lake Rd; S on Silver<br />
Lake Rd to State Route (SR) 542 (Mount Baker Hwy); SW<br />
on SR 542 (Mount Baker Hwy) to Mosquito Lake Rd; S on<br />
Mosquito Lake Rd to SR 9 (Valley Hwy); S on SR 9 (Valley<br />
Hwy) to SR 20 in the town of Sedro-Woolley; W and S on SR<br />
20 to SR 9; S on SR 9 to SR 530 at the town of Arlington; NE<br />
on SR 530 to Jim Creek-Trafton Rd at the Trafton School in<br />
the town of Trafton; SE along Jim Creek-Trafton Rd (242nd<br />
St. NE) to the City of Seattle power transmission line; SW on<br />
the transmission line to Jordan Rd in Section 20, T31N, R6E;<br />
SE along Jordan Rd to SR 92 at the town of Granite Falls; E<br />
on SR 92 to South Alder Ave; S on South Alder Ave to E Pioneer<br />
St; E on East Pioneer St to Menzel Lake Rd; SE on Menzel<br />
Lake Rd to North Lake Roesiger Rd; S on North Lake<br />
Roesiger Rd to South Lake Roesiger Rd; S on South Lake<br />
Roesiger Rd to 242nd St SE; S on 242nd St SE to Woods<br />
Creek Rd; S on Woods Creek Rd to US Hwy 2 at the town of<br />
Monroe; W on US Hwy 2 to SR 203 at the town of Monroe;<br />
S on SR 203 to NE Woodinville-Duvall Rd at the town of<br />
Duvall; W on NE Woodinville-Duvall Rd to the Snoqualmie<br />
River; N down the Snoqualmie River to the Snohomish<br />
River; W down the Snohomish River to its mouth on the<br />
Puget Sound; W from the mouth of the Snohomish River to<br />
the northern tip of Gedney Island; due W from the northern<br />
tip of Gedney Island to a point on the Snohomish-Island<br />
County line; N along the Island-Snohomish County line in<br />
Possession Sound and Port Susan to Juniper Beach and N<br />
through Davis Slough to the Island-Snohomish-Skagit<br />
County junction; W and N along Island-Skagit County line<br />
<strong>Proposed</strong> [ 106 ]<br />
through Skagit Bay and W through Deception Pass to San<br />
Juan-Skagit County line; N on the San Juan-Skagit County<br />
line to a point due West of Kelly's Point on Guemes Island; E<br />
from the San Juan-Skagit County line to Bellingham Channel,<br />
EXCLUDING Guemes Island; N through the middle of<br />
Bellingham Channel, then NE from Bellingham Channel to<br />
Carter Point on Lummi Island; NW from Carter Point to the<br />
Skagit-Whatcom County line; W along Skagit-Whatcom<br />
County line to the Whatcom-San Juan County line; NW<br />
along the Whatcom-San Juan County line to the US-Canadian<br />
border and the point of beginning.<br />
GMU 410-ISLANDS (San Juan and ((Island)) Skagit<br />
counties) EXCLUDING Orcas, San Juan, Lopez, Shaw,<br />
Blakely, Decatur, and Cypress Islands:<br />
Beginning at the junction of San Juan-Whatcom County lines<br />
and the US-Canadian border at the northernmost point in San<br />
Juan County; SE on the San Juan-Whatcom County line to<br />
the junction of San Juan-Whatcom-Skagit County lines; E on<br />
the Skagit-Whatcom County line to the first point where the<br />
Skagit-Whatcom County line turns SE; SE from the Skagit-<br />
Whatcom County line to Carter Point on Lummi Island; SW<br />
down the middle of Bellingham Channel to a point due W of<br />
Kelly's Point on Guemes Island and including Cypress<br />
Island; W to the Skagit-San Juan County line; S through<br />
Rosario Strait on the San Juan-Skagit County line to the San<br />
Juan-Skagit-Island County line; E on the Skagit-Island<br />
County line through Deception Pass and S through Skagit<br />
Bay to the Island-Snohomish-Skagit County junction; SE on<br />
the Island-Snohomish County line through Davis Slough,<br />
Juniper Beach, Port Susan, Possession Sound to the Island-<br />
Kitsap County line; NW on the Island-Kitsap-Jefferson<br />
County line through Puget Sound, Admiralty Inlet, and the<br />
Strait of Juan De Fuca; W on the Clallam-Jefferson-San Juan<br />
County lines to the US-Canadian border; N on the US-Canadian<br />
border, through Middle Bank, Haro Strait, and Boundary<br />
Pass, to the northernmost corner of San Juan-Whatcom<br />
County line and the point of beginning.
GMU 411-ORCAS (San Juan County):<br />
Includes all of Orcas Island<br />
GMU 412-SHAW (San Juan County):<br />
Includes all of Shaw Island<br />
GMU 413-SAN JUAN (San Juan County):<br />
Includes all of San Juan Island<br />
GMU 414-LOPEZ (San Juan County):<br />
Includes all of Lopez Island<br />
GMU 415-BLAKELY (San Juan County):<br />
Includes all of Blakely Island<br />
GMU 416-DECATUR (San Juan County):<br />
Includes all of Decatur Island<br />
GMU 417-CYPRESS(Skagit County):<br />
Includes all of Cypress Island<br />
GMU 419-GUEMES (Skagit County):<br />
Includes all of Guemes Island<br />
GMU 420-WHIDBEY (Island County):<br />
Includes all of Whidbey Island<br />
GMU 421-CAMANO (Island County):<br />
Includes all of Camano Island<br />
GMU 422-VASHON-MAURY (King County):<br />
Includes all of Vashon and Maury Islands<br />
GMU 418-NOOKSACK (Whatcom and Skagit counties):<br />
Beginning at the US-Canadian border and the western border<br />
of the North Cascades National Park; S on the North Cascades<br />
National Park boundary to Noisy Diobsud Wilderness<br />
Area boundary; W and S on Noisy Diobsud Wilderness Area<br />
boundary to a point due E of the head waters of Watson<br />
Creek; W to the headwaters of Watson Creek; S down Watson<br />
Creek to Thunder Creek; W down Thunder Creek to<br />
Baker River Rd; S along Baker River Rd to State Route (SR)<br />
20 at the town of Concrete; W along SR 20 to SR 9 at the<br />
town of Sedro-Woolley; N along SR 9 to Mosquito Lake Rd;<br />
N on the Mosquito Lake Rd to SR 542 (Mount Baker Hwy);<br />
N on SR 542 to the Silver Lake Rd; N on the Silver Lake Rd<br />
to its northern most point; N from the Silver Lake Rd to the<br />
US-Canadian border; E on the US-Canadian border to the<br />
western border of the North Cascades National Park and the<br />
point of beginning.<br />
GMU 426-DIABLO (Skagit and Whatcom counties):<br />
Beginning at the US-Canadian border and the western boundary<br />
of the Ross Lake National Recreation Area; S on the Ross<br />
Lake National Recreation Area boundary, across SR 20<br />
(North Cascades Hwy) and Skagit River, then NE and E on<br />
the Ross Lake National Recreation Area boundary to a point<br />
2 miles east of Panther Creek, where the recreation boundary<br />
connects with the Okanogan National Forest boundary; S on<br />
North Cascades National Park boundary to the Skagit-Chelan<br />
County line at Fisher Peak; SE along the Skagit-Chelan<br />
County line to the US Forest Service (USFS) Trail 2000<br />
(Pacific Crest National Scenic Trail); N on the USFS Trail<br />
2000 to the Pasayten Wilderness boundary at Jim Pass; W<br />
along the Pasayten Wilderness boundary to the Ross Lake<br />
National Recreation Area boundary; N along the Ross Lake<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
National Recreation Area-Pasayten Wilderness Area boundary<br />
to the US-Canadian border; W along the US-Canadian<br />
border to the NW corner of the Ross Lake National Recreation<br />
Area and the point of beginning.<br />
GMU 437-SAUK (Skagit and Snohomish counties):<br />
Beginning at the intersection of State Route (SR) 9 and SR<br />
20, W of the town of Sedro-Woolley; E along SR 20 to Baker<br />
River Rd at the town of Concrete; N on Baker River Rd to<br />
Thunder Creek; E up Thunder Creek to Watson Creek; N up<br />
Watson Creek to its headwaters; E from the headwaters of<br />
Watson Creek to Noisy Diobsud Wilderness boundary; N and<br />
E on Noisy Diobsud Wilderness boundary to North Cascades<br />
National Park boundary; S and E along the North Cascades<br />
National Park boundary to the Ross Lake National Recreation<br />
boundary; S along the Ross Lake National Recreation<br />
Area boundary, across the SR 20 (North Cascade Hwy) and<br />
the Skagit River, then E along the Ross Lake National Recreation<br />
Area boundary to the North Cascades National Park<br />
boundary near Big Devil Peak; SE on the North Cascades<br />
National Park boundary to the Cascade River Rd; S on Cascade<br />
River Rd to US Forest Service (USFS) Rd 1590; S on<br />
USFS Rd 1590 to USFS Trail 769 (South Fork Cascade River<br />
Trail); S on USFS Trail 769 to the Glacier Peak Wilderness<br />
Area boundary; W and S on Glacier Peak Wilderness Area<br />
Boundary to the Suiattle River; W down the Suiattle River to<br />
the Sauk River; N on the Sauk River to SR 530 (Sauk Valley<br />
Rd); S on SR 530 to the town of Darrington; W on SR 530 to<br />
SR 9 at the town of Arlington; N on SR 9 to SR 20, W of the<br />
town of Sedro-Woolley, and the point of beginning.<br />
GMU 448-STILLAGUAMISH (Snohomish and Skagit<br />
counties):<br />
Beginning at the intersection of State Route (SR) 530<br />
(Arlington-Darrington Hwy) and Jim Creek Rd at the town of<br />
Trafton; NE on SR 530 to the town of Darrington, where it is<br />
called Seeman St; N on SR 530 (Sauk Valley Rd) to the Sauk<br />
River; S on the Sauk River to Suiattle River; E along the<br />
Suiattle River to the Glacier Peak Wilderness Area boundary;<br />
S on the Glacier Peak Wilderness Area boundary to US Forest<br />
Service (USFS) Trail 650, West of June Mountain; W on<br />
the (USFS) Trail 650 to (USFS) Trail 1050 (Quartz Creek<br />
Trail) at Curry Gap; S on the USFS Trail 1050 to USFS Rd<br />
6300; E on USFS Rd 6300 to USFS Trail 1051; NE on Trail<br />
1051 to Henry M. Jackson Wilderness boundary; S along the<br />
Henry M. Jackson Wilderness boundary to Meadow Creek; S<br />
down Meadow Creek to Rapid River; E up Rapid River to<br />
USFS Trail 2000 (Pacific Crest National Scenic Trail) at<br />
Lake Janus; S on the USFS 2000 to SR 2 at Stevens Pass; W<br />
on SR 2 to Woods Creek Rd at the town of Monroe; N on<br />
Woods Creek Rd to 242nd St SE; N on 242nd St SE to South<br />
Lake Roesiger Rd; N on South Lake Roesiger Rd to North<br />
Lake Roesiger Rd; N on North Lake Roesiger Rd to Menzel<br />
Lake Rd; N on Menzel Lake Rd to East Pioneer St; W on East<br />
Pioneer St to South Alder Ave; N on South Alder Ave to SR<br />
92 (E Stanley St); W on SR 92 to Jordan Rd; NW on Jordan<br />
Rd, through the town of Jordan, to the City of Seattle power<br />
transmission lines; NE on the transmission lines to Jim<br />
Creek-Trafton Rd (242nd St. NE); W on Jim Creek-Trafton<br />
Rd to SR 530 at the town of Trafton and the point of beginning.<br />
[ 107 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
GMU 450-CASCADE (Skagit and Snohomish counties):<br />
Beginning on the Glacier Peak Wilderness boundary and Jordan<br />
Creek, W of Jordan Lakes; N and E on the wilderness<br />
boundary to US Forest Service (USFS) Trail 769; N on USFS<br />
Trail 769 to USFS Rd 1590; N on USFS Rd 1590 to the USFS<br />
Rd 15 (Cascade River Rd); N on USFS Rd 15 to the North<br />
Cascades National Park boundary; E on the North Cascades<br />
National Park boundary to USFS Trail 2000 (Pacific Crest<br />
National Scenic Trail); S on USFS Trail 2000 to the Rapid<br />
River at Lake Janus; NW down the Rapid River to Meadow<br />
Creek; N up Meadow Creek to Henry M. Jackson Wilderness<br />
Area boundary; N along the Henry M. Jackson Wilderness<br />
boundary to USFS Trail 1051; S on USFS Trail 1051 to<br />
USFS Rd 6300; W on USFS Rd 6300 to USFS Trail 1050; N<br />
on USFS Trail 1050 to USFS Trail 650 at Curry Gap; E on<br />
USFS Trail 650 to the Glacier Peak Wilderness boundary<br />
west of June Mountain; N on the Glacier Peak Wilderness<br />
boundary, across the Suiattle River, to Jordan Creek and the<br />
point of beginning.<br />
GMU 454-ISSAQUAH (King and Snohomish counties):<br />
Does not include Vashon-Maury Island.<br />
Beginning at the mouth of the Snohomish River at the city of<br />
Everett; SE up the Snohomish River to the Snoqualmie<br />
River; SE up the Snoqualmie River to NE Woodinville-<br />
Duvall Rd; E on NE Woodinville-Duvall Rd to State Route<br />
(SR) 203 at the town of Duvall; S on SR 203 to SR 202 (Fall<br />
City-Snoqualmie Rd) at the town of Fall City; S on SR 202<br />
(Fall City-Snoqualmie Rd), across the Snoqualmie River, to<br />
Preston-Fall City Rd; SW on Preston-Fall City Rd to SE 82nd<br />
St at the town of Preston; E on SE 82nd St to Interstate Hwy<br />
(I)-90; E on I-90 to SR 18; S on SR 18 to the Raging River;<br />
SE along the Raging River to Kerriston Rd; S on Kerriston<br />
Rd to the City of Seattle Cedar River Watershed boundary;<br />
W, S and E along the Cedar River Watershed boundary to US<br />
Forest Service (USFS) Rd 5100; S along USFS Rd 5100 to<br />
the posted boundary of the Green River Watershed; S along<br />
the posted boundary of the Green River Watershed to the<br />
USFS Rd 5410; S on USFS Rd 5410 to USFS Rd 5400; E on<br />
USFS Rd 5400 to the junction with posted boundary of the<br />
Green River Watershed; S on the posted Tacoma Green River<br />
Watershed boundary to USFS Rd 7110 (Weyerhaeuser<br />
(Weyco) 5200 line) near Lynn Lake; SW on USFS Rd 7110<br />
(Weyco 5200 line) to SR 410; W on SR 410 to SR 164 at the<br />
city of Enumclaw; W on SR 164 to SR 18 at the city of<br />
Auburn; W on SR 18 to SR 99; N on SR 99 to SR 509; W on<br />
SR 509 to Redondo Way South; NW on Redondo Way South<br />
to the town of Redondo on Puget Sound; SW across ((Admiralty<br />
Inlet on)) East Passage to the Pierce-King County line<br />
((to)) at the point where the county line turns southeast,<br />
northwest of Dash Point; W and N along the King County<br />
line, EXCLUDING Vashon-Maury Island; to the King, Snohomish,<br />
and Kitsap ((county)) counties line junction in the<br />
Puget Sound west of Point Wells; N on the Snohomish<br />
County line through Possession Sound to a point on the Snohomish<br />
County line due west of the northern tip of Gedney<br />
Island (Hat Island); E to the northern tip of Gedney Island; E<br />
from the northern tip of Gedney Island to the mouth of the<br />
Snohomish River and the point of beginning.<br />
<strong>Proposed</strong> [ 108 ]<br />
GMU 460-SNOQUALMIE (King and Snohomish counties):<br />
Beginning at State Route (SR) 203 and SR 2 at the town of<br />
Monroe; E on SR 2 to US Forest Service (USFS) Trail 2000<br />
(Pacific Crest National Scenic Trail) at Stevens Pass; S on the<br />
USFS Trail 2000 to the City of Seattle Cedar River Watershed;<br />
W on the Cedar River Watershed boundary to Kerriston<br />
Rd; N on Kerriston Rd to the Raging River; W and N along<br />
the Raging River to SR 18; N on SR 18 to Interstate Hwy (I)-<br />
90; W on I-90 to SE 82nd St at the town of Preston; NE on SE<br />
82nd St to Preston-Fall City Rd; N on the Preston-Fall City<br />
Rd to SR 202 (Fall City-Snoqualmie Rd); N on SR 202 (Fall<br />
City-Snoqualmie Rd), across the Snoqualmie River, to SR<br />
203; N on SR 203 to SR 2 at the town of Monroe and the<br />
point of beginning.<br />
GMU 466-STAMPEDE (King County):<br />
Beginning on the US Forest Service (USFS) Trail 2000<br />
(Pacific Crest National Scenic Trail) and the east boundary of<br />
the City of Seattle Cedar River Watershed; S on the USFS<br />
Trail 2000, past Blowout Mountain, to USFS Rd 7038 at its<br />
closest point to the USFS Trail 2000 near Windy Gap north<br />
of Pyramid Peak; NW on USFS Rd 7038 to USFS Rd 7036;<br />
NW on USFS Rd 7036 to USFS Rd 7030; NW on USFS Rd<br />
7030 to USFS Rd 7032; NW on USFS Rd 7032 to USFS Trail<br />
1172; W on USFS Trail 1172 to about 1/4 mile past Williams<br />
Hole to the posted boundary of the City of Tacoma Green<br />
River Watershed; N on the posted City of Tacoma Green<br />
River Watershed boundary to the City of Seattle Cedar River<br />
Watershed boundary; N along City of Seattle Cedar River<br />
Watershed boundary to USFS Trail 2000 and the point of<br />
beginning.<br />
GMU 485-GREEN RIVER (King County):<br />
Beginning at the junction of NW corner of the city of Tacoma<br />
Green River Watershed and US Forest Service (USFS) Rd<br />
5100; E on the boundary between the Green River Watershed<br />
and the Cedar River Watershed to USFS Rd 5060; S on Rd<br />
5060 to the posted boundary of the Green River Watershed;<br />
along the southern boundary of the Green River Watershed<br />
over Huckleberry Mountain and Grass Mountain to the USFS<br />
Rd 5400; NW along USFS Rd 5400 to USFS Rd 5410; N<br />
along USFS Rd 5410 to posted boundary of the City of<br />
Tacoma Green River Watershed; N along the posted boundary<br />
of the City of Tacoma Green River Watershed to USFS<br />
5100; N along USFS Rd 5100 to City of Tacoma Green River<br />
Watershed and City of Seattle Cedar River Watershed border<br />
and the point of beginning.<br />
GMU 490-CEDAR RIVER (King County):<br />
The area within the posted boundary of the city of Seattle's<br />
Cedar River Watershed.<br />
AMENDATORY SECTION (Amending Order 11-86, filed<br />
5/6/11, effective 6/6/11)<br />
WAC 232-28-336 Game management units (GMUs)<br />
boundary descriptions—Region six.<br />
GMU 601-HOKO (Clallam County):<br />
Beginning on the Makah Indian reservation boundary and the<br />
Strait of Juan de Fuca; SE along the shore of the Strait of Juan
de Fuca to the mouth of the Hoko River; S along the Hoko<br />
River to State Route (SR) 112; SE on SR 112 to the Hoko-<br />
Ozette Rd; SW on the Hoko-Ozette Rd to the Olympic<br />
National Park boundary near Ozette; N along the Olympic<br />
National Park boundary to the Makah Indian reservation<br />
boundary; E and N along the Makah Indian reservation<br />
boundary to the Strait of Juan de Fuca and the point of beginning.<br />
GMU 602-DICKEY (Clallam County):<br />
Beginning at the mouth of the Hoko River and the Strait of<br />
Juan de Fuca; SE along the shore of the Strait of Juan de Fuca<br />
to the mouth of the Clallam River; S along the Clallam River<br />
to State Route (SR) 112; S on SR 112 to SR 113 (Burnt<br />
Mountain Rd); S on SR 113 to US Hwy (US) 101 at the town<br />
of Sappho; SW on US 101 to the LaPush Rd; SW on LaPush<br />
Rd to the Olympic National Park boundary; N along the<br />
Olympic National Park boundary to Hoko-Ozette Rd; NE on<br />
Hoko-Ozette Rd to SR 112; NW on SR 112 to the Hoko<br />
River; NW on the Hoko River to its mouth on the Strait of<br />
Juan De Fuca and the point of beginning.<br />
GMU 603-PYSHT (Clallam County):<br />
Beginning at the mouth of the Clallam River on Strait of Juan<br />
de Fuca; E along the shore of the Strait of Juan de Fuca to the<br />
mouth of the Elwha River; S along the Elwha River to the<br />
Olympic National Park boundary; W along the Olympic<br />
National Park boundary to one mile west of Lake Crescent; S<br />
on the Olympic National Park boundary to US Hwy (US)<br />
101; W on US 101 to the State Route (SR) 113 (Burnt Mountain<br />
Rd); N on SR 113 to SR 112; N on SR 112 to the Clallam<br />
River; N along the Clallam River to its mouth and the point of<br />
beginning.<br />
GMU 607-SOL DUC (Clallam County):<br />
Beginning at US Hwy (US) 101 at the town of Sappho; E on<br />
US 101 to the Olympic National Park boundary; S and W<br />
along the Olympic National Park boundary to the Bogachiel<br />
River; W along the Bogachiel River to US 101; N on US 101,<br />
through the town of Forks, to the town of Sappho and the<br />
point of beginning.<br />
GMU 612-GOODMAN (Jefferson and Clallam counties):<br />
Beginning approximately two miles east of the town of<br />
LaPush on the Olympic National Park boundary and LaPush<br />
Rd intersection; NE on LaPush Rd to US Hwy (US) 101 at<br />
the town of Forks; S on US 101, across the Hoh River, and<br />
west to Olympic National Park Boundary; N on the Olympic<br />
National Park boundary to LaPush Rd and the point of beginning.<br />
GMU 615-CLEARWATER (Jefferson County):<br />
Beginning on US Hwy (US) 101 and the Bogachiel River; E<br />
along the Bogachiel River to the Olympic National Park<br />
boundary; SE and W on the Olympic National Park boundary<br />
to the Quinault Indian reservation boundary; W on the<br />
Quinault Indian reservation boundary to the Olympic<br />
National Park boundary; N along the Olympic National Park<br />
boundary to US 101; E, N, and W on US 101 to the Bogachiel<br />
River and the point of beginning.<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
GMU 618-MATHENY (Jefferson and Grays Harbor<br />
counties):<br />
Beginning at the boundary junction of Olympic National<br />
Park and the Quinault Indian reservation, east of the Queets<br />
River Rd; N, E, S, and W along the Olympic National Park<br />
boundary to the park and Quinault Indian reservation boundary<br />
junction, north of Lake Quinault; NW along the Quinault<br />
Indian reservation boundary to its junction with the boundary<br />
of Olympic National Park, east of the Queets River Rd, and<br />
the point of beginning, including the Olympic National Forest<br />
land and private land one mile west of Lake Quinault and<br />
bounded by the Olympic National Park and the Quinault<br />
Indian reservation.<br />
GMU 621-OLYMPIC (Jefferson, Clallam and Mason<br />
counties):<br />
Beginning at the Olympic National Park boundary and the<br />
Elwha River; N along the Elwha River to US Hwy (US) 101;<br />
E on US 101, through Port Angeles and Sequim, to the Chimacum<br />
Center Rd at the town of Quilcene; N on the Chimacum<br />
Center Rd to the East Quilcene Rd; E on the East Quilcene<br />
Rd to Quilcene Bay; S along the shore of Quilcene Bay<br />
to Dabob Bay; S along the shore of Dabob Bay to Hood<br />
Canal; SW along the shore of Hood Canal to Finch Creek;<br />
upstream on Finch Creek to US 101; S on US 101 to State<br />
Route (SR) 119 (Lake Cushman Rd); W on SR 119 to Standstill<br />
Dr (Power Dam Rd); W on Standstill Dr to Upper Cushman<br />
Dam and the shore of Lake Cushman; NW on the west<br />
shore of Lake Cushman to the North Fork Skokomish River;<br />
N along the North Fork Skokomish River to the Olympic<br />
National Park boundary; N and W on the Olympic National<br />
Park boundary to the Elwha River and the point of beginning.<br />
GMU 624-COYLE (Clallam and Jefferson counties):<br />
Beginning at the mouth of the Elwha River on the Strait of<br />
Juan de Fuca; N from the mouth of the Elwha River to the<br />
Clallam county line in the Strait of Juan De Fuca; NE on the<br />
Clallam county line to Clallam-San Juan county line; NE on<br />
the Clallam-San Juan county line to the Jefferson-San Juan<br />
county line; NE on the Jefferson-San Juan county line to the<br />
Jefferson-Island county line; S then SE on the Jefferson-<br />
Island county line to the Kitsap-Island county line; SE on the<br />
Kitsap-Island county line to a point due east of Point No<br />
Point; W from the Kitsap-Island county line to Point No<br />
Point; NW, S, N, and SW along the coast of the Kitsap peninsula<br />
to Cougar Spit; W from Cougar Spit to Finch Creek at<br />
the town of Hoodsport; NE along the east shore of Hood<br />
Canal to Dabob Bay; N along the shore of Dabob Bay and<br />
Quilcene Bay to East Quilcene Rd; W on East Quilcene Rd to<br />
the Chimacum Center Rd; S on Chimacum Center Rd to US<br />
Hwy (US) 101; N and W on US 101 through Sequim and Port<br />
Angeles to the Elwha River; N down the Elwha River to its<br />
mouth on the Strait of Juan de Fuca and the point of beginning.<br />
GMU 627-KITSAP (Kitsap, Mason, and Pierce counties):<br />
Beginning at the Hood Canal Bridge; E, S, N, and SE along<br />
the shore of the Kitsap peninsula to Point No Point; due E<br />
from Point No Point to Kitsap-Island county line in the Puget<br />
Sound; S along the Kitsap-Island county line to the Kitsap-<br />
Snohomish county line; S along the Kitsap-Snohomish<br />
county line to Kitsap-King county line; S along the Kitsap-<br />
[ 109 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
King county line to the King-Pierce county line; S on the<br />
King-Pierce county line to the outlet of the Tacoma Narrows;<br />
S through the Tacoma Narrows, past Fox Island (which is<br />
included in this GMU), to Carr Inlet; NW up Carr Inlet<br />
around McNeil and Gertrude Islands (which are excluded<br />
from this GMU), to Pitt Passage; SW through Pitt Passage<br />
and Drayton Passage to the Pierce-Thurston county line in<br />
the Nisqually Reach; NW along the Pierce-Thurston county<br />
line to the Pierce-Mason county line; NW on the Pierce-<br />
Mason county line in the Nisqually Reach to North Bay;<br />
along the east shore of North Bay to State Route (SR) 3 at the<br />
town of Allyn; N on SR 3 to the Old Belfair Hwy at the town<br />
of Belfair; N on the Old Belfair Hwy to the Bear Creek-<br />
Dewatto Rd; W on the Bear Creek-Dewatto Rd to the<br />
Dewatto Rd West; N along the Dewatto Rd to Albert Pfundt<br />
Rd; N on the Albert Pfundt Rd to Anderson Creek; E down<br />
Anderson Creek to the east shore of the Hood Canal; N from<br />
Anderson Creek along the east shore of Hood Canal to the<br />
Hood Canal bridge and the point of beginning.<br />
GMU 633-MASON (Mason and Kitsap counties):<br />
Beginning at the mouth of Anderson Creek on the eastern<br />
shore of Hood Canal; W along Anderson Creek to Albert<br />
Pfundt Rd; S on the Albert Pfundt Rd to West Dewatto Rd; S<br />
on West Dewatto Rd to Bear Creek-Dewatto Rd; E along<br />
Bear Creek-Dewatto Rd to Old Belfair Hwy; S on Old Belfair<br />
Hwy to State Route (SR) 3 at the town of Belfair; S on SR 3<br />
to North Bay at the town of Allyn; N along the west shore of<br />
North Bay; S along the east shore of North Bay to Pierce-<br />
Mason county line at Case Inlet; SE along the Pierce-Mason<br />
county line through Case Inlet to the Mason-Thurston county<br />
line; W along the Mason-Thurston county line through Dana<br />
Passage, Squaxin Passage, and Totten Inlet to US Hwy (US)<br />
101 at Oyster Bay; N on US 101 to Finch Creek at the town<br />
of Hoodsport; E from Finch Creek across Hood Canal to<br />
Cougar Spit on the east shore of the Hood Canal; N from<br />
Cougar Spit along the east shore of Hood Canal to the mouth<br />
of Anderson Creek and the point of beginning.<br />
GMU 636-SKOKOMISH (Grays Harbor and Mason<br />
counties):<br />
Beginning on the Olympic National Park boundary and the<br />
North Fork of the Skokomish River; S along the North Fork<br />
Skokomish River to Lake Cushman; SE along the west shore<br />
of Lake Cushman to Standstill Dr (Power Dam Rd) at the<br />
Upper Cushman Dam; E on the Standstill Dr to State Route<br />
(SR) 119 (Lake Cushman Rd); SE on SR 119 to US Hwy<br />
(US) 101 at the town of Hoodsport; S on US 101 to the Shelton-Matlock<br />
Rd at the town of Shelton; W on the Shelton-<br />
Matlock Rd to the Matlock-Brady Rd; S on the Matlock-<br />
Brady Rd to Deckerville Rd south of the town of Matlock; W<br />
on Deckerville Rd to Boundary Rd (Middle Satsop Rd); W<br />
and S on Boundary Rd to Kelly Rd; N on Kelly Rd to US Forest<br />
Service (USFS) Rd 2368 (Simpson Timber 500 line); N<br />
on USFS Rd 2368 to USFS Rd 2260 (Simpson Timber 600<br />
line); W on USFS Rd 2260 to USFS Rd 22 (Wynoochee Rd);<br />
NW and W on USFS Rd 22 to USFS Rd 2294, 1/4 mile east<br />
of Big Creek; NW on USFS Rd 2294, which parallels Big<br />
Creek, to junction with USFS Rd 2281; W on USFS Rd 2281,<br />
to the watershed divide between the Humptulips River watershed<br />
and the Wynoochee River watershed; N on the ridge<br />
<strong>Proposed</strong> [ 110 ]<br />
between the Humptulips River watershed and Wynoochee<br />
River watershed to Olympic National Park boundary; E along<br />
the Olympic National Park boundary to the north fork of the<br />
Skokomish River and the point of beginning.<br />
GMU 638-QUINAULT RIDGE (Grays Harbor and Jefferson<br />
counties):<br />
Beginning on the Olympic National Park boundary and the<br />
Quinault Indian reservation boundary at the northwest corner<br />
of Lake Quinault; NE along the west shore of Lake Quinault<br />
to the Quinault River; NE on the Olympic National Park<br />
boundary, which is along the Quinault River, to the Olympic<br />
National Park boundary west of Bunch Creek; S and NE on<br />
the Olympic National Park boundary to the ridge between the<br />
Wynoochee River watershed and Humptulips River watershed;<br />
S along the ridge between the Humptulips River watershed<br />
and the Wynoochee River watershed to its intersection<br />
with US Forest Service (USFS) Rd 2281; E along USFS Rd<br />
2281 to USFS Rd 2294; SE on USFS Rd 2294, paralleling<br />
Big Creek, to USFS Rd 22 (Donkey Creek Rd); W on the<br />
USFS Rd 22 to US Hwy (US) 101; N on US 101 to the<br />
Quinault Indian reservation boundary; NE on the reservation<br />
boundary to Lake Quinault; NW along the south shore of<br />
Lake Quinault to the Olympic National Park boundary and<br />
the point of beginning.<br />
GMU 642-COPALIS (Grays Harbor County):<br />
Beginning at the Quinault Indian reservation and US Hwy<br />
(US) 101 south of Lake Quinault; S on US 101 to the<br />
Hoquiam River in the city of Hoquiam; S along the Hoquiam<br />
River to the north shore of Grays Harbor; W along the north<br />
shore of Grays Harbor to the Pacific Ocean; N along the<br />
shore of the Pacific Ocean to the Quinault Indian reservation<br />
boundary; E and NE along the Quinault Indian reservation to<br />
US 101 south of Lake Quinault and the point of beginning.<br />
GMU 648-WYNOOCHEE (Grays Harbor County):<br />
Beginning at the junction of US Hwy (US) 101 and the US<br />
Forest Service (USFS) Rd 22 (Donkey Creek Rd); NE along<br />
the USFS Rd 22 (Donkey Creek Rd) to its junction with the<br />
Donkey Creek-Grisdale Rd; E on USFS Rd 22 (Donkey<br />
Creek-Grisdale Rd) to Camp Grisdale (south of Wynoochee<br />
Lake); S along USFS Rd 22 (Wynoochee Rd) to USFS Rd<br />
2260 (Simpson Timber 600 line); E on USFS Rd 2260 to<br />
USFS Rd 2368 (Simpson Timber 500 line); S on USFS Rd<br />
2368 to Kelly Rd; S on Kelly Rd to Boundary Rd (Middle<br />
Satsop Rd); S on Boundary Rd to Cougar Smith Rd; W on<br />
Cougar Smith Rd to the west fork of the Satsop River; S<br />
down the west fork Satsop River to the Satsop River; S down<br />
the Satsop River to US 12; W along US 12 to its junction with<br />
US 101 in the town of Aberdeen; SE along US 101 to the<br />
north shore of the Chehalis River; W along the north shore of<br />
the Chehalis River to the north shore of Grays Harbor; W<br />
along the north shore of Grays Harbor to the mouth of the<br />
Hoquiam River; N up the Hoquiam River to US 101; W and<br />
N along US 101 to its junction with the USFS Rd 22 (Donkey<br />
Creek Rd) and the point of beginning. INCLUDES Rennie<br />
Island.
GMU 651-SATSOP (Grays Harbor, Mason and Thurston<br />
counties):<br />
Beginning at the US Hwy (US) 12 bridge on the Satsop<br />
River; N up the Satsop River to its junction with the west fork<br />
of the Satsop River; N up the west fork of the Satsop River to<br />
Cougar Smith Rd; E on Cougar Smith Rd to Boundary Rd<br />
(Middle Satsop Rd); N and E on Boundary Rd to Deckerville<br />
Rd; E on Deckerville Rd to Matlock-Brady Rd; N on Matlock-Brady<br />
Rd to the town of Matlock; E on Shelton-Matlock<br />
Rd to its junction with US 101 west of the town of Shelton; S<br />
on US 101 to its junction with State Route (SR) 8; W on SR<br />
8 to its junction with US 12; W along US 12 to bridge over<br />
the Satsop River and the point of beginning.<br />
GMU 652-PUYALLUP (Pierce and King counties):<br />
Does not include Anderson Island. Beginning at Redondo<br />
Junction on the shore of Puget Sound and Redondo Way S;<br />
SE on Redondo Way S to State Route (SR) 509; E on SR 509<br />
to Pacific Hwy S (Old Hwy 99); S on Pacific Hwy S to SR 18<br />
at the city of Auburn; E on SR 18 to SR 164; SE on SR 164<br />
to SR 410 (Chinook Pass Hwy) at the town of Enumclaw; E<br />
on SR 410 to the second set of power transmission lines near<br />
the Mud Mountain Dam Rd; SW on the power transmission<br />
lines to the White River; NW along the White River to SR<br />
410; S on SR 410 to SR 165; S on SR 165 to the first intersection<br />
with a power transmission line at T19N, R06E, Sec 21;<br />
SW on this power transmission line to Orville Rd E at the<br />
Puyallup River; S on Orville Rd E to SR 161; S on SR 161 to<br />
the Mashel River; down the Mashel River to the Nisqually<br />
River (Pierce-Thurston county line); NW along the Nisqually<br />
River, along the Pierce-Thurston county line, to the Nisqually<br />
Reach in the Puget Sound; NW along the Thurston-Pierce<br />
county line in the Nisqually Reach to a point on the Thurston-<br />
Pierce county line southeast of Drayton Passage Channel; NE<br />
through Drayton Passage and Pitt Passage to Carr Inlet; E and<br />
S around McNeil Island to a point southwest of the Tacoma<br />
Narrows (including McNeil, Gertrude, ((Anderson)) and Ketron<br />
Islands); NE through the Tacoma Narrows to a point on<br />
the Pierce-King county line northeast of the main channel of<br />
the Tacoma Narrows; E on the Pierce-King county line to the<br />
point where the county line turns southeast, northwest of<br />
Dash Point; E to Redondo Junction on the eastern shore of the<br />
Puget Sound and the point of beginning.<br />
GMU 653-WHITE RIVER (King and Pierce counties):<br />
Beginning at the lookout station at US Forest Service (USFS)<br />
Rd 7110 (Grass Mountain mainline) and the city of Tacoma<br />
Green River Watershed boundary; E on the Green River<br />
Watershed boundary to USFS Rd 7032; E along USFS Rd<br />
7032 to USFS Rd 7030; SE along USFS Rd 7030 to USFS Rd<br />
7036; SE along USFS Rd 7036 to USFS Rd 7038; SE on<br />
USFS Rd 7038 to USFS Trail 2000 (Pacific Crest National<br />
Scenic Trail) at its closest point to USFS Rd 7038 near<br />
Windy Gap north of Pyramid Peak; S on the USFS Trail 2000<br />
to Pierce-Yakima County Line (Cascades Crest) in T17N,<br />
R10E, Sec 35; S on the county line to the Mt. Rainier<br />
National Park boundary in T17 R, R10E, Sec 35; S on the<br />
park boundary to Chinook Pass; N and W on the Mt. Rainier<br />
National Park boundary to the Carbon River; NW down the<br />
Carbon River to the power transmission line at T19N, R06E,<br />
Sec 21; NE along the power transmission line to SR 165; NE<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
on SR 165 to SR 410; NE on SR 410 to the White River; SE<br />
along the White River to the power transmission lines on the<br />
north side of the White River near Mud Mountain Dam Rd;<br />
NE on the power transmission lines to State Route (SR) 410;<br />
E on SR 410 to USFS Rd 7110; N on USFS Rd 7110 to the<br />
city of Tacoma Green River Watershed and the point of<br />
beginning.<br />
GMU 654-MASHEL (Pierce County):<br />
Beginning at the power transmission line at the Puyallup<br />
River Bridge on Orville Rd E; NE on the power line to the<br />
Carbon River; SE along the Carbon River to the west boundary<br />
of Mt. Rainier National Park; S on the Mt. Rainier<br />
National Park boundary to the Nisqually River; W down the<br />
Nisqually River to the mouth of the Mashel River; N up the<br />
Mashel River to the State Route (SR) 161 bridge (Eatonville-<br />
LaGrande Rd); N on SR 161 through Eatonville to Orville Rd<br />
E; N on Orville Rd E to the Puyallup River bridge and the<br />
point of beginning.<br />
GMU 655-ANDERSON (Pierce County):<br />
Includes all of Anderson Island.<br />
GMU 658-NORTH RIVER (Grays Harbor and Pacific<br />
counties):<br />
Beginning at the Pacific Ocean and the south shore of Grays<br />
Harbor at the Westport Jetty; E along the south shore of<br />
Grays Harbor to the mouth of the Chehalis River at the town<br />
of Aberdeen; E up the Chehalis River to the US Hwy (US)<br />
101 bridge; S on US 101 to the Willapa River at the town of<br />
Raymond; W down the Willapa River to Willapa Bay; W<br />
along the north shore of Willapa Bay to the Pacific Ocean; N<br />
along the Pacific Coast to the south shore of Grays Harbor at<br />
the Westport Jetty and the point of beginning.<br />
GMU 660-MINOT PEAK (Grays Harbor and Pacific<br />
counties):<br />
Beginning at the intersection of US Hwy (US) 12 and US 101<br />
at the town of Aberdeen; E and S on US 12 to N State St at<br />
the town of Oakville; S on N State St to South Bank Rd; W<br />
on South Bank Rd to Garrard Creek Rd; SW on Garrard<br />
Creek Rd to Oakville-Brooklyn Rd; W on Oakville-Brooklyn<br />
Rd to North River Valley Rd; W on North River Valley Rd to<br />
Smith Creek Rd; W on Smith Creek Rd to US 101; N on US<br />
101 to US 12 at the town of Aberdeen and the point of beginning.<br />
GMU 663-CAPITOL PEAK (Grays Harbor and Thurston<br />
counties):<br />
Beginning at US Hwy (US) 12 and State Route (SR) 8 at the<br />
town of Elma; E on SR 8 to US 101; E on US 101 to Delphi<br />
Rd SW; S on Delphi Road SW to 110th Ave SW; E on 110th<br />
Ave SW to Littlerock Rd; S on Littlerock Rd to US 12; NW<br />
on US 12 to SR 8 at the town of Elma and the point of beginning.<br />
GMU 666-DESCHUTES (Thurston County):<br />
Beginning on US Hwy (US) 101 at the Mason-Thurston<br />
county line southeast of Oyster Bay; NE on the Mason-Thurston<br />
county line, through Totten Inlet, Squaxin Passage and<br />
Dana Passage, to the Pierce-Thurston county line in the<br />
Nisqually Reach; SE through the Nisqually Reach along the<br />
Pierce-Thurston county line to the mouth of the Nisqually<br />
[ 111 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
River; SE on the Nisqually River to State Route (SR) 507;<br />
SW on SR 507 to Old Hwy 99 SE at the town of Tenino; SW<br />
on Old Hwy 99 SE to SR 12 at Interstate Hwy-5; W on SR 12<br />
to Littlerock Rd; N on the Littlerock Rd to 110th Ave SW; W<br />
on 110th Ave SW to Delphi Rd SW; N on Delphi Rd SW to<br />
US 101; NW on US 101 to the Mason-Thurston county line<br />
southeast of Oyster Bay and the point of beginning.<br />
GMU 667-SKOOKUMCHUCK (Thurston and Lewis<br />
counties):<br />
Beginning at the State Route (SR) 507 bridge on the<br />
Nisqually River; SE up the Nisqually River (Pierce-Thurston<br />
county line) to SR 7 bridge at the town of Elbe on Alder<br />
Lake; S on SR 7 to Main St at the town of Morton; S on Main<br />
St to SR 508; W on SR 508 to the Centralia-Alpha Rd; W and<br />
N on the Centralia-Alpha Rd to Salzer Valley Rd; W on Salzer<br />
Valley Rd to Summa St at the town of Centralia; W on<br />
Summa St to Kresky Rd; N on Kresky Rd to Tower St; N on<br />
Tower St to SR 507; W on SR 507 (Cherry St, Alder St, and<br />
Mellen St) to Interstate Hwy (I)-5; N on I-5 to Old Hwy 99<br />
SE; NE on Old Hwy 99 SE to SR 507; NE on SR 507 to the<br />
Nisqually River bridge and the point of beginning.<br />
GMU 672-FALL RIVER (Pacific, Lewis and Grays Harbor<br />
counties):<br />
Beginning at the intersection of US Hwy (US) 101 and State<br />
Route (SR) 6 at the town of Raymond; N on US 101 to Smith<br />
Creek Rd; NE on Smith Creek Rd to North River Valley Rd;<br />
E on North River Valley Rd to Oakville-Brooklyn Rd; E on<br />
the Oakville-Brooklyn Rd to Garrard Creek Rd; S on Garrard<br />
Creek Rd to Weyerhaeuser (Weyco) C line at mile post 5; W<br />
on the Weyco C line to Weyco 723 line; S on the Weyco 723<br />
line to Weyco 720 line; W on the Weyco 720 line to Weyco<br />
7800 F line; S on Weyco 7800 F line to Weyco 7800 line; S<br />
and SE on Weyco 7800 line to Weyco 7000 line; SW on<br />
Weyco 7000 line to Weyco 7050 line; S on Weyco 7050 line<br />
to Weyco 7400 line; S and E on Weyco 7400 line to Weyco<br />
7000 line; E on Weyco 7000 line to Elk Creek Rd; E on Elk<br />
Creek Rd to Stevens Rd at the town of Doty; E on Stevens Rd<br />
to SR 6; S, W and NW on SR 6 to US 101 at the town of Raymond<br />
and the point of beginning.<br />
GMU 673-WILLIAMS CREEK (Pacific County):<br />
Beginning at US Hwy (US) 101 bridge crossing the Willapa<br />
River at the town of Raymond; S on US 101 to State Route<br />
(SR) 6; SE on SR 6 to the Trap Creek A line; S and W on the<br />
Trap Creek A line to power transmission lines; S and SW on<br />
the power transmission lines to Weyerhaeuser (Weyco) 5800<br />
line (Section 22, T11N, R8W); SW along the Weyco 5800<br />
line to Weyco 5000 line (Deep River main line); SW on the<br />
Weyco 5000 line to the Salmon Creek Rd; SW along the<br />
Salmon Creek Rd to SR 4; W on SR 4 to US 101 at Johnson's<br />
Landing; W on US 101 to the Naselle River bridge; W down<br />
the Naselle River to Willapa Bay; N along the east shore of<br />
Willapa Bay to the Willapa River; SE and NE up the Willapa<br />
River to the US 101 bridge and the point of beginning.<br />
GMU 681-BEAR RIVER (Pacific and Wahkiakum counties):<br />
Beginning at the US Hwy (US) 101 bridge at the Naselle<br />
River; E on US 101 to State Route (SR) 4; SE on SR 4 to<br />
Deep River bridge; S down the Deep River to the Columbia<br />
<strong>Proposed</strong> [ 112 ]<br />
River; W along the shore of the Columbia River to the mouth<br />
of the Wallacut River (including all islands in the Columbia<br />
both north of the Washington-Oregon state line and between<br />
the Deep River and the Wallacut River); N up the Wallacut<br />
River to US 101; NW on US 101 to alternate US 101, north<br />
of the Ilwaco Airport; N on alternate US 101 to US 101; E<br />
and NE on US 101 to Bear River; N down Bear River to Willapa<br />
Bay; N along the eastern shore of Willapa Bay to the<br />
mouth of the Naselle River; SE up the Naselle River to the<br />
US 101 bridge and the point of beginning.<br />
GMU 684-LONG BEACH (Pacific County):<br />
Beginning at the mouth of Bear River on Willapa Bay; S up<br />
Bear River to US Hwy (US) 101; W and SW on US 101 to<br />
alternate US 101, north of the Ilwaco Airport; S on alternate<br />
US 101 to US 101; W on US 101 to the Wallacut River; S<br />
along the Wallacut River to the Columbia River; W down the<br />
Columbia River to its mouth on the Pacific Ocean (including<br />
all islands in the Columbia River both north of the Washington-Oregon<br />
state line and between the Wallacut River and the<br />
mouth of the Columbia River); N, E, S, and E along the<br />
shoreline of the Long Beach peninsula to Bear River and the<br />
point of beginning.<br />
GMU 699-LONG ISLAND (Pacific County):<br />
Includes all of Long Island.<br />
AMENDATORY SECTION (Amending Order 12-70, filed<br />
5/2/12, effective 6/2/12)<br />
WAC 232-28-337 ((Deer and)) Elk area descriptions.<br />
((ELK AREAS)) The following areas are defined as elk areas:<br />
Elk Area No. 1008 West Wenaha (Columbia County):<br />
That part of GMU 169 west of USFS trail 3112 from Tepee<br />
Camp (east fork of Butte Creek) to Butte Creek, and west of<br />
Butte Creek to the Washington-Oregon state line.<br />
Elk Area No. 1009 East Wenaha (Columbia, Garfield,<br />
Asotin counties): That portion of GMU 169 east of USFS<br />
trail 3112 from Tepee Camp (east fork Butte Creek) to Butte<br />
Creek, and east of Butte Creek to the Washington-Oregon<br />
state line.<br />
Elk Area No. 1010 (Columbia County): GMU 162 excluding<br />
National Forest land and the Rainwater Wildlife Area.<br />
Elk Area No. 1011 (Columbia County): That part of GMU<br />
162 east of the North Touchet Road, excluding National Forest<br />
land.<br />
Elk Area No. 1012 (Columbia County): That part of GMU<br />
162 west of the North Touchet Road, excluding National Forest<br />
land and the Rainwater Wildlife Area.<br />
Elk Area No. 1013 (Asotin County): GMU 172, excluding<br />
National Forest lands.<br />
Elk Area No. 1014 (Columbia-Garfield counties): That<br />
part of GMU 166 Tucannon west of the Tucannon River and<br />
USFS Trail No. 3110 (Jelly Spr.-Diamond Pk. Trail).
Elk Area No. 1015 Turnbull (Spokane County): Located<br />
in GMU 130, designated areas within the boundaries of Turnbull<br />
National Wildlife Refuge.<br />
Elk Area No. 1016 (Columbia County): GMU-162 Dayton,<br />
excluding the Rainwater Wildlife Area.<br />
Elk Area No. 2032 Malaga (Kittitas and Chelan counties):<br />
Beginning at the mouth of Davies Canyon on the Columbia<br />
River; west along Davies Canyon to the cliffs above (north<br />
of) the North Fork Tarpiscan Creek; west and north along the<br />
cliffs to the Bonneville Power Line; southwest along the<br />
power line to the North Fork Tarpiscan Road in Section 9,<br />
Township 20N, Range 21E; north and west along North Fork<br />
Tarpiscan Road to Colockum Pass Road (Section 9, Township<br />
20N, Range 21E); south and west on Colockum Pass<br />
Road to section line between Sections 8 & 9; north along the<br />
section line between Sections 8 and 9 as well as Sections 4 &<br />
5 (T20N, R21E) & Sections 32 & 33 (T21N, R21E) to Moses<br />
Carr Road; west and north on Moses Carr Road to Jump Off<br />
Road; south and west on Jump Off Road to Shaller Road;<br />
north and west on Shaller Road to Upper Basin Loop Road;<br />
north and west on Upper Basin Loop Road to Wheeler Ridge<br />
Road; north on Wheeler Ridge Road to the Basin Loop Road<br />
(pavement) in Section 10 (T21N, R20E); north on Basin<br />
Loop Road to Wenatchee Heights Road; west on Wenatchee<br />
Heights Road to Squilchuck Road; south on Squilchuck Road<br />
to Beehive Road (USFS Rd 9712); northwest on Beehive<br />
Road to USFS Rd 7100 near Beehive Reservoir; north and<br />
west on USFS Rd 7100 to Peavine Canyon Road (USFS Rd<br />
7101); north and east on Peavine Canyon Road to Number<br />
Two Canyon Road; north on Number Two Canyon Road to<br />
Crawford Street in Wenatchee; east on Crawford Street to the<br />
Columbia River; south and east along the Columbia River to<br />
Davies Canyon and point of beginning. (Naneum Green Dot,<br />
Washington Gazetteer, Wenatchee National Forest)<br />
Elk Area No. 2033 Peshastin (Chelan County): Starting at<br />
the Division St bridge over the Wenatchee River in the town<br />
of Cashmere; S on Aplets Way then Division St to Pioneer St;<br />
W on Pioneer St to Mission Creek Rd; S on Mission Creek<br />
Rd to Binder Rd; W on Binder Rd to Mission Creek Rd; S on<br />
Mission Creek Rd to Tripp Canyon Rd; W on Tripp Canyon<br />
Rd to where Tripp Canyon Rd stops following Tripp Creek;<br />
W on Tripp Creek to its headwaters; W up the drainage, about<br />
1000 feet, to US Forest Service (USFS) Rd 7200-160; W on<br />
USFS Rd 7200-160 to Camas Creek Rd (USFS Rd 7200); W<br />
on Camas Creek Rd (USFS 7200 Rd) (excluding Camas<br />
Land firearm closure*) to US Hwy 97; N on US Hwy 97 to<br />
Mountain Home Rd (USFS 7300 Rd); N on Mountain Home<br />
Rd to the Wenatchee River in the town of Leavenworth; S on<br />
the Wenatchee River to the Division St bridge in Cashmere<br />
and the point of beginning.<br />
Elk Area No. 2051 Tronsen (Chelan County): All of GMU<br />
251 except that portion described as follows: Beginning at<br />
the junction of Naneum Ridge Road (WDFW Rd 9) and<br />
Ingersol Road (WDFW Rd 1); north and east on Ingersol<br />
Road to Colockum Road (WDFW Rd 10); east on Colockum<br />
Road and Colockum Creek to the intersection of Colockum<br />
Creek and the Columbia River; south on the Columbia River<br />
to mouth of Tarpiscan Creek; west up Tarpiscan Creek and<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Tarpiscan Road (WDFW Rd 14) and North Fork Road<br />
(WDFW Rd 10.10) to the intersection of North Fork Road<br />
and Colockum Road; southwest on Colockum Road to<br />
Naneum Ridge Road; west on Naneum Ridge Road to Ingersol<br />
Road and the point of beginning.<br />
Elk Area No. 3068 Klickitat Meadows (Yakima County):<br />
Beginning at Darland Mountain, southeast along the main<br />
divide between the Diamond Fork drainage and the Ahtanum<br />
Creek drainage to the point due west of the headwaters of<br />
Reservation Creek (Section 18, T12N, R14E); then along a<br />
line due west to Spencer Point (as represented in the DNR<br />
100k map); northeast from Spencer Point to US Forest Service<br />
(USFS) Trail 1136; north along USFS Trail 1136 to<br />
USFS Trail 615; east on USFS Trail 615 to Darland Mountain<br />
and the point of beginning.<br />
Elk Area No. 3681 Ahtanum (Yakima County): That part<br />
of GMU 368 beginning at the power line crossing on Ahtanum<br />
Creek in T12N, R16E, Section 15; west up Ahtanum<br />
Creek to South Fork Ahtanum Creek; southwest up South<br />
Fork Ahtanum Creek to its junction with Reservation Creek;<br />
southwest up Reservation Creek and the Yakama Indian Reservation<br />
boundary to the main divide between the Diamond<br />
Fork drainage and Ahtanum Creek drainage; north along the<br />
crest of the main divide between the Diamond Fork drainage<br />
and the Ahtanum Creek drainage to Darland Mountain;<br />
northeast on US Forest Service Trail 615 to US Forest Service<br />
Road 1020; northeast on US Forest Service Road 1020<br />
to US Forest Service Road 613; northeast on US Forest Service<br />
Road 613 to US Forest Service Trail 1127; northeast on<br />
US Forest Service Trail 1127 to US Forest Service Road<br />
1302 (Jump Off Road), southeast of the Jump Off Lookout<br />
Station; northeast on US Forest Service Road 1302 (Jump<br />
Off Road) to Highway 12; northeast on Highway 12 to the<br />
Naches River; southeast down the Naches River to Cowiche<br />
Creek; west up Cowiche Creek and South Fork Cowiche<br />
Creek to Summitview Avenue; northwest on Summitview<br />
Avenue to Cowiche Mill Road; west on Cowiche Mill Road<br />
to the power line in the northeast corner of T13N, R15E, SEC<br />
13; southeast along the power line to Ahtanum Creek and the<br />
point of beginning.<br />
Elk Area No. 3721 Corral Canyon (Benton and Yakima<br />
counties): That part of GMU 372 beginning at the Yakima<br />
River Bridge on SR 241 just north of Mabton; north along SR<br />
241 to the Rattlesnake Ridge Road (mile post #19); east on<br />
Rattlesnake Ridge Road to the Hanford Reach National Monument's<br />
(HRNM) southwest corner boundary; east and south<br />
along the HRNM boundary to SR 225; south on SR 225 to the<br />
Yakima River Bridge in Benton City; west (upstream) along<br />
Yakima River to point of beginning (SR 241 Bridge).<br />
Elk Area No. 3722 Blackrock (Benton and Yakima counties):<br />
That part of GMU 372 beginning at southern corner of<br />
the Yakima Training Center border on Columbia River,<br />
northwest of Priest Rapids Dam; southeast on southern shore<br />
of Columbia River (Priest Rapids Lake) to Priest Rapids<br />
Dam; east along Columbia River to the Hanford Reach<br />
National Monument's (HRNM) western boundary; south<br />
along the HRNM boundary to the Rattlesnake Ridge Road;<br />
west on Rattlesnake Ridge Road to SR 241; south on SR 241<br />
[ 113 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
to the Yakima River Bridge just north of Mabton; west along<br />
Yakima River to SR 823 (Harrison Road) south of town of<br />
Pomona; east along SR 823 (Harrison Road) to SR 821;<br />
southeast on SR 821 to Firing Center Road at I-82; east on<br />
Firing Center Road to main gate of Yakima Training Center;<br />
south and east along Yakima Training Center boundary to<br />
southern corner of Yakima Training Center boundary on<br />
Columbia River and point of beginning.<br />
Elk Area No. 3911 Fairview (Kittitas County): Beginning<br />
at the intersection of the BPA Power Lines in T20N, R14E,<br />
Section 36 and Interstate 90; east along the power lines to<br />
Highway 903 (Salmon La Sac Road); northwest along Highway<br />
903 to Pennsylvania Avenue; northeast along Pennsylvania<br />
Avenue to No. 6 Canyon Road; northeast along No. 6<br />
Canyon Road to Cle Elum Ridge Road; north along Cle Elum<br />
Ridge Road to Carlson Canyon Road; northeast along Carlson<br />
Canyon Road to West Fork Teanaway River; east along<br />
West Fork Teanaway River to North Fork Teanaway River;<br />
north along North Fork Teanaway River to Teanaway Road;<br />
southeast on Teanaway Road to Ballard Hill Road; east on<br />
Ballard Hill Rd and Swauk Prairie Road to Hwy 970; northeast<br />
on Hwy 970 to Hwy 97; south on Hwy 97 to the power<br />
lines in T20N, R17E, Section 34; east on the power lines to<br />
Naneum Creek; south on Naneum Creek approximately 1/2<br />
mile to power lines in T19N, R19E, Section 20; east along<br />
BPA power lines to Colockum Pass Road in T19N, R20E,<br />
Section 16; south on Colockum Pass Road to BPA power<br />
lines in T18N, R20E, Section 6; east and south along power<br />
lines to Parke Creek; north on Parke Creek to Whiskey Jim<br />
Creek; east on Whiskey Jim Creek to the Wild Horse Wind<br />
Farm Boundary; south and East on Wild Horse Wind Farm<br />
boundary to the Vantage Highway; east along the Vantage<br />
Highway to the first power line crossing; southwest along the<br />
power lines to where they intersect with the second set of<br />
BPA power lines in T17N, R21E, Section 18; southeast along<br />
the BPA power lines to I-90; west along I-90 to the Yakima<br />
Training Center boundary; south and west along the Yakima<br />
Training Center boundary to I-82; north on I-82 to Thrall<br />
Road; west on Thrall Road to Wilson Creek; south on Wilson<br />
Creek to Yakima River; north on Yakima River to gas pipeline<br />
crossing in T17N, R18E, Section 25; south and west on<br />
the gas pipeline to Umtanum Creek; west on Umtanum Creek<br />
to the Durr Road; north on the Durr Road to Umtanum Road;<br />
north on Umtanum Road to South Branch Canal; west on<br />
South Branch Canal to Bradshaw/Hanson Road; west on<br />
Bradshaw Road to the elk fence; north and west along the elk<br />
fence to power line crossing in T19N, R16E, Section 10; west<br />
along the power line (south branch) to Big Creek; north on<br />
Big Creek to Nelson Siding Road; west and north on Nelson<br />
Siding Road to I-90; east on I-90 to point of beginning.<br />
Elk Area No. 3912 Old Naches (Yakima County): Starting<br />
at the elk fence and Roza Canal along the south boundary<br />
T14N, R19E, Section 8; following the elk fence to the bighorn<br />
sheep feeding site in T15N, R16E, Section 36; south on<br />
the feeding site access road to the Old Naches Highway; west<br />
and south on the Old Naches Highway to State Route 12 and<br />
the Naches River; down the Naches River to the Tieton<br />
River; up the Tieton River approximately 2 miles to the intersection<br />
of the metal footbridge and the elk fence at the south<br />
<strong>Proposed</strong> [ 114 ]<br />
end of the bridge in T14N, R16E, Section 3; south along the<br />
elk fence to the top of the cliff/rimrock line; southwest along<br />
the top of the cliff/rimrock line to the irrigation canal in<br />
T14N, R16E, Section 9; southwest along the irrigation canal<br />
to the elk fence in T14N, R16E, Section 8; south along the elk<br />
fence to the township line between T12N, R15E and T12N,<br />
R16E; south along the township line to the South Fork Ahtanum<br />
Creek; downstream along the South Fork Ahtanum<br />
Creek and Ahtanum Creek to the Yakima River; upstream<br />
along the Yakima River to Roza Canal and point of beginning.<br />
((Elk Area No. 4041 Grandy Creek (Skagit County):<br />
Begin at the intersection of CP 190 Road and CP 132 Road<br />
(Section 28, T36N, R5E); east along the CP 132 Road to the<br />
CP 130 Road; east and south along CP 130 Road to CP 110<br />
Road, west, south and east along CP 110 Road to Childs<br />
Creek; south down Childs Creek to State Route 20; east on<br />
State Route 20 to Grandy Creek; south down Grandy Creek<br />
to the Skagit River; south on a line to South Skagit Hwy; west<br />
on South Skagit Hwy to State Route 9; north on State Route<br />
9 to State Route 20; east on State Route 20 to Helmick Road;<br />
north on Helmick Road to CP 190 Road to CP 132 Road and<br />
the point of beginning. (WA Atlas & Gazetteer & Mt. Baker-<br />
Snoqualmie National Forest Map)))<br />
Elk Area No. 4601 North Bend (King County): That portion<br />
of GMU 460 beginning at the interchange of State Route<br />
(SR) 18 and I-90; W on I-90 to SE 82nd St, Exit 22, at the<br />
town of Preston; N on SE 82nd Street to Preston Fall City Rd<br />
SE (Old SR 203); N on Preston Fall City Rd SE to SE Fall<br />
City Snoqualmie Rd (SR 202) at the town of Fall City; E on<br />
SE Fall City Snoqualmie Rd to the crossing of Tokul Creek;<br />
N and E up Tokul Creek to its crossing with Tokul Rd SE; S<br />
on SE Tokul Rd to SE 53rd Way; E on SE 53rd Way where it<br />
turns into 396th Dr SE then S on 396th Dr SE to SE Reinig<br />
Rd; E on SE Reinig Rd to 428th Ave SE; N on 428th Ave SE<br />
to where it turns into North Fork Rd SE; N and E on North<br />
Fork Rd SE to Ernie's Grove Rd; E on Ernie's Grove Rd to SE<br />
70th St; N on SE 70th St to its ends at Fantastic Falls on the<br />
North Fork Snoqualmie River; SW down the North Fork<br />
Snoqualmie River to Fantastic Falls and the Mt Si Natural<br />
Resource Conservation Area boundary then S and E along<br />
the southern boundary of the Mt Si NRCA to the "School<br />
Bus" turnaround at SE 114th St; S on 480th Ave SE to SE<br />
130th St; S and E on SE 130th St to its end; SSE overland<br />
from the end of SE 130th St, over the Middle Fork Snoqualmie<br />
River, to the end of 486th Ave SE; S on 486th Ave<br />
SE to the intersection with SE Middle Fork Road; Due S,<br />
from said intersection, up Grouse Mountain toward its peak,<br />
to the logging road adjacent to Grouse Mountain Peak; S<br />
down the logging road to Grouse Ridge Access Rd; W on<br />
Grouse Ridge Access Road which becomes SE 146th St; W<br />
on SE 146th St to I-90 then east along I-90 to the W boundary<br />
of Olallie/Twin Falls State Park then S along the state park<br />
western boundary to its most western boundary where it<br />
intersects with the boundary of the Iron Horse State Park; W<br />
along the boundary of Iron Horse State Park to the boundary<br />
of the Rattlesnake Lake Recreation Area; W along the boundary<br />
of the Rattlesnake Lake Recreation Area to Cedar Falls<br />
Rd SE; N along the Cedar Falls Rd to SE 174th Way; W on
SE 174th Way to SE 174th St; W on SE 174th St to SE 173rd<br />
St; W on SE 173rd St to SE 170th Pl; W on SE 170th Pl to SE<br />
169th St; W on SE 169th St to 424th Ave SE; N on 424th Ave<br />
SE to SE 168th St; W on SE 168th St to 422 Ave SE; N on<br />
422 Ave SE to 426th Way SE; S on 426th Way SE to SE<br />
164th St; E on SE 164th St to Uplands Way SE; W on<br />
Uplands Way SE to the crossing with the Power Transmission<br />
Lines; W along the Power Transmission Lines to the<br />
Winery Rd; NW on the Winery Rd to SE 99th Rd; W and N<br />
on SE 99th Rd to the I-90 interchange, at Exit 27; SW on I-90<br />
to the interchange with SR 18 and the point of beginning.<br />
Elk Area No. 4941 Skagit River (Skagit County): That<br />
portion of GMU 437 beginning at the intersection of State<br />
Route 9 and State Route 20; east on State Route 20 to ((Cape<br />
Horn Road NE; south down Cape Horn Road NE to the<br />
power line crossing which passes over the Skagit River; east<br />
on the power line to the Skagit River; south and west down<br />
the Skagit River to Pressentin Creek; south up Pressentin<br />
Creek to the South Skagit Highway; west on South Skagit<br />
Highway to State Route 9; north on State Route 9 to)) Concrete-Sauk<br />
Valley Road; south on Concrete-Sauk Valley<br />
Road over The Dalles Bridge (Skagit River) to the intersection<br />
with the South Skagit Highway; west on South Skagit<br />
Highway to State Route 9; north on State Route 9 and the<br />
point of beginning.<br />
Elk Area No. 5029 Toledo (Lewis and Cowlitz counties):<br />
Beginning at the Cowlitz River and State Highway 505 junction;<br />
east along the Cowlitz River to the Weyerhaeuser 1800<br />
Road; south along Weyerhaeuser 1800 Road to Cedar Creek<br />
Road; east along Cedar Creek Road to Due Road; south on<br />
Due Road to Weyerhaeuser 1823 Road; south along Weyerhaeuser<br />
1823 Road to the Weyerhaeuser 1945 Road; south<br />
along the Weyerhaeuser 1945 Road to the Weyerhaeuser<br />
1900 Road; south along the Weyerhaeuser 1900 Road to the<br />
North Fork Toutle River; west along the North Fork Toutle<br />
River to the Toutle River; west on the Toutle River to the<br />
Cowlitz River; North along the Cowlitz River to the junction<br />
of State Highway 505 and the point of beginning.<br />
Elk Area No. 5049 Ethel (Lewis County): That part of<br />
GMU 505 beginning at the intersection of Jackson Highway<br />
and Highway 12; south along Jackson Highway to Buckley<br />
Road; south on Buckley Road to Spencer Road; east on Spencer<br />
Road to Fuller Road; north on Fuller Road to Highway<br />
12; east on Highway 12 to Stowell Road; north on Stowell<br />
Road to Gore Road; west on Gore Road to Larmon Road;<br />
west on Larmon Road to Highway 12; west on Highway 12 to<br />
Jackson Highway and point of beginning.<br />
Elk Area No. 5050 Newaukum (Lewis County): That part<br />
of GMU 505 beginning at the intersection of Interstate 5 and<br />
Highway 12; east on Highway 12 to Larmon Road; east on<br />
Larmon Road to Leonard Road; north on Leonard Road<br />
through the town of Onalaska to Deggler Road; north on<br />
Deggler Road to Middle Fork Road; east on Middle Fork<br />
Road to Beck Road; north on Beck Road to Centralia-Alpha<br />
Road; west on Centralia-Alpha Road to Logan Hill Road;<br />
south then west on Logan Hill Road to Jackson Highway;<br />
south on Jackson Highway to the Newaukum River; west<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
along the Newaukum River to Interstate 5; south on Interstate<br />
5 to Highway 12 and point of beginning.<br />
Elk Area No. 5051 Green Mountain (Cowlitz County):<br />
Beginning at the junction of the Cowlitz River and the Toutle<br />
River; east along the Toutle River to the North Fork Toutle<br />
River; east along the North Fork Toutle River to the Weyerhaeuser<br />
1900 Road; south along the Weyerhaeuser 1900<br />
Road to the Weyerhaeuser 1910 Road; south along the Weyerhaeuser<br />
1910 Road to the Weyerhaeuser 2410 Road; south<br />
along the Weyerhaeuser 2410 Road to the Weyerhaeuser<br />
4553 Road; south along the Weyerhaeuser 4553 Road to the<br />
Weyerhaeuser 4500 Road; south along the Weyerhaeuser<br />
4500 Road to the Weyerhaeuser 4400 Road; south along the<br />
Weyerhaeuser 4400 Road to the Weyerhaeuser 4100 Road;<br />
east along the Weyerhaeuser 4100 Road to the Weyerhaeuser<br />
4700 Road; south along the Weyerhaeuser 4700 Road to the<br />
Weyerhaeuser 4720 Road; west along the Weyerhaeuser<br />
4720 Road to the Weyerhaeuser 4730 Road; west along the<br />
Weyerhaeuser 4730 Road to the Weyerhaeuser 4732 Road;<br />
west along the Weyerhaeuser 4732 Road to the Weyerhaeuser<br />
4790 Road; west along the Weyerhaeuser 4790 Road<br />
to the Weyerhaeuser 1390 Road; south along the Weyerhaeuser<br />
1390 Road to the Weyerhaeuser 1600 Road; west<br />
along the Weyerhaeuser 1600 Road to the Weyerhaeuser<br />
Logging Railroad Tracks at Headquarters; west along the<br />
Weyerhaeuser Logging Railroad Track to Ostrander Creek;<br />
west along Ostrander Creek to the Cowlitz River; north along<br />
the Cowlitz River to the Toutle River and point of beginning.<br />
Elk Area No. 5052 Mossyrock (Lewis County): Beginning<br />
at the intersection of Winston Creek Road and State Highway<br />
12; east on State Highway 12 to the Cowlitz River; east on the<br />
Cowlitz River to Riffe Lake; southeast along the south shore<br />
of Riffe Lake to Swofford Pond outlet creek; south on Swofford<br />
Pond outlet creek to Green Mountain Road; west on<br />
Green Mountain Road to Perkins Road; west on Perkins<br />
Road to Longbell Road; south on Longbell Road to Winston<br />
Creek Road; north on Winston Creek Road to State Highway<br />
12 and the point of beginning. (All lands owned and managed<br />
by the Cowlitz Wildlife Area are excluded from this Elk<br />
Area.)<br />
Elk Area No. 5053 Randle (Lewis County): Beginning at<br />
the town of Randle and the intersection of U.S. Highway 12<br />
and State Route 131 (Forest Service 23 and 25 roads); south<br />
on State Route 131 to Forest Service 25 Road; south on Forest<br />
Service 25 Road to the Cispus River; west along the Cispus<br />
River to the Champion 300 line bridge; south and west on<br />
the Champion 300 line to the Champion Haul Road; north<br />
along the Champion Haul Road to Kosmos Road; north on<br />
Kosmos Road to U.S. Highway 12; east on U.S. Highway 12<br />
to Randle and point of beginning. (All lands owned and managed<br />
by the Cowlitz Wildlife Area are excluded from this Elk<br />
Area.)<br />
Elk Area No. 5054 Boistfort (Lewis County): Beginning at<br />
the town of Vader; west along State Highway 506 to the<br />
Wildwood Road; north along the Wildwood Road to the<br />
Abernathy 500 line gate (Section 20, T11N, R3W, Willamette<br />
Meridian); northwest along the 500, 540, and 560 lines<br />
to the Weyerhaeuser 813 line; northwest along the 813, 812,<br />
[ 115 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
5000J, 5000 and 4000 lines to the Pe Ell/McDonald Road<br />
(Section 15, T12N, R4W); west along the Pe Ell/McDonald<br />
Road to the Lost Valley Road; northeast along the Lost Valley<br />
Road to the Boistfort Road; north along the Boistfort<br />
Road to the King Road; east along the King Road to the town<br />
of Winlock and State Highway 603; south along Highway<br />
505 to Interstate 5; south along Interstate 5 to State Hwy 506;<br />
west along State Hwy 506 to the town of Vader and the point<br />
of beginning.<br />
Elk Area No. 5056 Grays River Valley (Wahkiakum<br />
County): On or within 3/4 mile of agricultural land in the<br />
Grays River Valley within the following sections: T10N,<br />
R7W, Sections 8, 9, 17, 18 and T10N, R8W, Sections 13, 23,<br />
24, 26.<br />
Elk Area No. 5057 Carlton (Lewis County): That part of<br />
513 (South Rainier) lying east of Highway 123 and north of<br />
Highway 12.<br />
Elk Area No. 5058 West Goat Rocks (Lewis County):<br />
Goat Rocks Wilderness west of the Pacific Crest Trail.<br />
Elk Area No. 5059 Mt. Adams Wilderness (Skamania and<br />
Yakima counties): The Mt. Adams Wilderness.<br />
Elk Area No. 5060 Merwin (Cowlitz County): Begin at the<br />
State Route 503 and the Longview Fibre Road WS-8000<br />
junction; north and west on the Longview Fibre Road WS-<br />
8000 to Day Place Road; west on Day Place Road to Dubois<br />
Road; south on Dubois Road to State Route 503; east on State<br />
Route 503 to the State Route 503 and the Longview Fibre<br />
Road WS-8000 junction and point of beginning.<br />
Elk Area No. 5061 Wildwood (Lewis County): Beginning<br />
at the junction of the Pacific West Timber (PWT) 600 Road<br />
and the Wildwood Road (SE1/4 S29 T11N R3W); southwest<br />
on the 600 Road to the 800 Road (NW1/4 S36 T11N R4W);<br />
southwest on the 800 Road to the 850 Road (SW1/4 S3 T10N<br />
R4W); northwest on the 850 Road to the Weyerhaeuser 4720<br />
Road (S20 T11N R4W); north on the Weyerhaeuser 4720<br />
Road to the Weyerhaeuser 4700 Road (S17 T11N R4W); east<br />
on the Weyerhaeuser 4700 Road to the Weyerhaeuser 5822<br />
Road (NW1/4 S16 T11N R4W); east on the Weyerhaeuser<br />
5822 Road to the Weyerhaeuser 5820 Road (NW1/4 S10<br />
T11N R4W); southeast on the Weyerhaeuser 5820 Road to<br />
the PWT 574 Road (SE1/4 S10 T11N R4W); south on the<br />
PWT 574 Road to the 570 Road (NW1/4 S14 T11N R4W);<br />
south on the 570 Road to the 500 Road (NW1/4 S14 T11N<br />
R4W); northeast on the 500 Road to the 560 Road (SW1/4<br />
S12 T11N R4W); east on the 560 Road to the 540 Road<br />
(SE1/4 S12 T11N R4W); east and south on the 540 Road to<br />
the 500 Road (SE1/4 S18 T11N R3W); east on the PWT 500<br />
Road to the Wildwood Road (N1/2 S20 T11N R3W); south<br />
on the Wildwood Road to the point of beginning, the PWT<br />
600 Road junction (SE1/4 S29 T11N R3W).<br />
Elk Area No. 5062 Trout Lake (Klickitat County): Those<br />
portions of GMUs 560 (Lewis River) and 578 (West Klickitat)<br />
beginning at the intersection of SR 141 and Sunnyside<br />
Road; north on Sunnyside Road to Mount Adams Recreational<br />
Area Road; north on Mount Adams Recreational Area<br />
Road to USFS Road 23; north on USFS Road 23 to DNR T-<br />
<strong>Proposed</strong> [ 116 ]<br />
4300 Road; west on DNR T-4300 Road to Trout Lake Creek<br />
Road; south on Trout Lake Creek Road to SR 141; east and<br />
south on SR 141 to the intersection of SR 141 and Sunnyside<br />
Road to the point of beginning.<br />
Elk Area No. 5063 Pumice Plain (Cowlitz and Skamania<br />
counties): That part of GMU 522 beginning at the confluence<br />
of the N. Fork Toutle River and Castle Creek; East along<br />
the N. Fork Toutle River to USFS trail 207; south along<br />
USFS trail 207 to USFS trail 216E; southwest along USFS<br />
trail 216E to USFS trail 216; west along USGS trail 216 to<br />
USGS 216G; northwest along USFS trail 216G to USGS trail<br />
221; north along USFS 221 to Castle Creek; northwest along<br />
Castle Creek to N. Fork Toutle River and point of beginning.<br />
Elk Area No. 5064 Upper Smith Creek (Skamania<br />
County): That part of GMU 522 beginning at the U.S. Forest<br />
Service Rd. 99 and U.S. Forest Service Trail 225 (Smith<br />
Creek Trail) junction; south on Trail 225 to Ape Canyon<br />
Creek; south and west up Ape Canyon Creek to U.S. Forest<br />
Service Trail 216 (Loowit Trail); north on Trail 216 to U.S.<br />
Forest Service Trail 216D (Abraham Trail); north on Trail<br />
216D to U.S. Forest Service Trail 207 (Truman Trail); north<br />
and east on Trail 207 to U.S. Forest Service Rd. 99; north and<br />
east on U.S. Forest Service Rd. 99 to the junction of U.S. Forest<br />
Service Rd. 99 and U.S. Forest Service Trail 225 and the<br />
point of beginning.<br />
Elk Area No. 5065 Mount Whittier (Skamania County):<br />
That part of GMU 522 beginning at the U.S. Forest Service<br />
Trail 1 (Boundary Trail) and U.S. Forest Service Trail 214<br />
(Whittier Ridge Trail) junction; west on the U.S. Forest Service<br />
Trail 1 to U.S. Forest Service Trail 230 (Coldwater<br />
Trail); north on U.S. Forest Service Trail 230 to U.S. Forest<br />
Service Trail 211 (Lakes Trail); east on Trail 211 to U.S. Forest<br />
Service Trail 214; south on U.S. Forest Service Trail 214<br />
to the junction of U.S. Forest Service Trail 214 and U.S. Forest<br />
Service Trail 1 and the point of beginning.<br />
Elk Area No. 5090 JBH (Wahkiakum County): The mainland<br />
portion of the Julia Butler Hansen National Wildlife<br />
Refuge, as administered by the U.S. Fish and Wildlife Service<br />
as described: Beginning at the junction of State Route 4<br />
and Steamboat Island Slough Road, northwest on Steamboat<br />
Island Slough Road to Brooks Slough Road, east on Brooks<br />
Slough Road to State Route 4, south on State Route 4 to<br />
Steamboat Slough Road and point of beginning.<br />
Elk Area No. 5099 Mudflow (Cowlitz County): That part<br />
of GMU 522 beginning on the North Fork Toutle River at the<br />
mouth of Hoffstadt Creek; SE up the North Fork Toutle River<br />
to Deer Creek; SE up Deer Creek to Weyerhaeuser (Weyco)<br />
3020 line; NW along Weyco 3020 line to Weyco 3000 line; E<br />
along Weyco 3000 line to Weyco 3000P line; E on the 3000P<br />
line to Weyco 5600 Line to the Mount Saint Helens National<br />
Volcanic Monument Boundary; N on the Mount Saint Helens<br />
National Volcanic Monument Boundary to SR 504; W on SR<br />
504 to Hoffstadt Creek Bridge on Hoffstadt Creek; S and W<br />
down Hoffstadt Creek to the North Fork Toutle River and<br />
point of beginning.<br />
Elk Area No. 6010 Mallis (Pacific County): That part of<br />
GMUs 506, 672, and 673 within one and one-half mile either
side of SR 6 between the east end of Elk Prairie Rd and the<br />
Mallis Landing Rd, and all lands within a half mile of Elk<br />
Creek Rd bounded on the south by Monohon Landing Rd.<br />
Elk Area No. 6011 Centralia Mine (Lewis County): That<br />
portion of GMU 667 within Centralia Mine property boundary.<br />
Elk Area No. 6012 Tri Valley (Grays Harbor and Mason<br />
counties): Those portions of GMUs 648 (Wynoochee) and<br />
651 (Satsop) within one mile of Brady-Matlock Road from<br />
State Highway 12 north to the junction with Schaefer State<br />
Park Road (east Satsop Road) and all lands within one mile of<br />
Wynoochee Valley Road from State Highway 12 north to the<br />
junction with Cougar Smith Road, and all lands within one<br />
mile of Wishkah Valley Road from north Aberdeen city limit<br />
to mile post 16 and all lands within 2 miles north of SR 12<br />
between the Satsop River and Schouweiler and Hurd roads<br />
and then a line north from the end of Hurd Road to a point 2<br />
miles north of SR 12.<br />
Elk Area No. 6013 (Pierce County): That part of GMU 652<br />
beginning at the intersection of Highway 167 and Highway<br />
410; north on Highway 167 to Highway 18; east on Highway<br />
18 to Highway 164; southeasterly on Highway 164 to Highway<br />
410; westerly on Highway 410 to Highway 167 and the<br />
point of beginning.<br />
Elk Area No. 6054 Puyallup River (Pierce County): That<br />
portion of GMU 654 beginning at the intersection of Mount<br />
Rainier National Park's western boundary and State Route<br />
(SR) 706; W on SR 706 to 278th Ave E; N on 278th Ave E to<br />
WA Dept of Natural Resources' (DNR) 1300 Rd; NW on<br />
DNR 1300 Rd to Scott Turner Rd; NW on Scott Turner Rd to<br />
Alder Cutoff Rd; W and NE on Alder Cutoff Rd to Center St<br />
SE in the town of Eatonville; NW on Center St SE to SR 161;<br />
N and W on SR 161 to Orville Rd E; N on Orville Rd E, past<br />
Lake Ohop and Lake Kapowsin, to the bridge crossing the<br />
Puyallup River; SE up the Puyallup River to Mount Rainier<br />
National Park's western boundary; S on Mount Rainier<br />
National Park's western boundary to SR 706 and the point of<br />
beginning.<br />
Elk Area No. 6061 Twin Satsop Farms (Mason County):<br />
That portion of GMU 651 starting at the junction of the<br />
Deckerville Road and the Brady-Matlock Road; southwest to<br />
the junction with the West Boundary Road; north on West<br />
Boundary Road to the Deckerville Road; east on the Deckerville<br />
Road to the junction of Brady-Matlock Road and point<br />
of beginning. In addition, the area within a circle with a<br />
radius of two miles centered on the junction of State Route<br />
108 and the Eich Road.<br />
Elk Area No. 6062 South Bank (Grays Harbor County):<br />
That portion of GMU 660 (Minot Peak) described as follows:<br />
Beginning at Highway 12 and Wakefield Road Junction<br />
(South Elma); south on Wakefield Road, across the Chehalis<br />
River to the South Bank Road; southeast on the South Bank<br />
Road to Delezene Road; south on the Delezene Road to a<br />
point one mile from the South Bank Road; southeast along a<br />
line one mile southwest of the South Bank Road to the<br />
Oakville-Brooklyn Road; east on the Oakville-Brooklyn<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Road to Oakville and Highway 12; northwest on Highway 12<br />
to Wakefield Road to Elma and the point of beginning.<br />
Elk Area No. 6063 (Grays Harbor and Jefferson counties):<br />
Private lands within Elk Area 6064 east of Highway<br />
101.<br />
Elk Area No. 6064 Quinault Valley (Grays Harbor and<br />
Jefferson counties): That portion of GMU 638 (Quinault)<br />
within the Quinault River watershed east of Gatton Creek and<br />
Lake Quinault excluding US Forest Service (USFS) Colonel<br />
Bob Wilderness Area.<br />
Elk Area No. 6066 Chehalis Valley (Grays Harbor<br />
County): That portion of GMU 660 (Minot Peak) beginning<br />
at Highway 12 and Highway 107 junction near Montesano;<br />
east and south on Highway 12 to Oakville; south on Oakville-<br />
Brooklyn Road to a point one mile west of South Bank Road;<br />
northwest along a line one mile southwest of South Bank<br />
Road to Delezene Road; north along Delezene Road to South<br />
Bank Road; northwest along South Bank Road to Wakefield<br />
Road; north on Wakefield Road to Chehalis River; west on<br />
Chehalis River to Highway 107 bridge; north on Highway<br />
107 to Highway 12 and the point of beginning.<br />
Elk Area No. 6067 North Minot (Grays Harbor County):<br />
The portion of GMU 660 (Minot Peak) beginning at the junction<br />
on State Route 107 and the Melbourne A-line, on the<br />
Melbourne A-line to the Vesta F-line; south on Vesta F-line<br />
to Vesta H-line (Vesta Creek Road); south on Vesta Creek<br />
Road to the North River Road; south and east on North River<br />
Road to the Brooklyn Road; east on Brooklyn Road to the<br />
Garrard Creek Road; east and north on Garrard Creek Road<br />
to the South Bank Road; east on South Bank to South State<br />
Street (Oakville); north on South State Street to U.S. 12;<br />
northwest and west on U.S. 12 to State Route 107; south and<br />
southwest on SR 107 to the Melbourne A-line and the point<br />
of beginning.<br />
Elk Area No. 6068 Willapa (Grays Harbor County): That<br />
part of GMU 658 south of SR 105 between the intersection of<br />
SR 105 and Hammond Road and the SR 105 bridge over<br />
Smith Creek; and within one mile north of SR 105 west from<br />
Hammond Road and east of the SR 105 bridge over Smith<br />
Creek.<br />
Elk Area No. 6069 Hanaford (Lewis and Thurston counties):<br />
That part of GMU 667 (Skookumchuck) beginning at<br />
the intersection of Salzer Valley Rd and S Pearl St (Centralia);<br />
N on S Pearl St to N Pearl St; N on N Pearl St to State<br />
Hwy 507; W and N on State Hwy 507 to Skookumchuck Rd;<br />
E on Skookumchuck Rd to the first bridge over the Skookumchuck<br />
River; E along the Skookumchuck River to the Skookumchuck<br />
Rd bridge; E on Skookumchuck Rd to the steel<br />
tower power line; SW along the power line to Big Hanaford<br />
Rd; E and S along Big Hanaford Rd to ((Weyerhaeuser Rd<br />
E150)) the TransAlta property line; E ((on Weyerhaeuser Rd<br />
E150 to Weyerhaeuser Rd E247; S and W on Weyerhaeuser<br />
Rd E247 to Weyerhaeuser Rd E240; S on Weyerhaeuser Rd<br />
E240)) and S along the TransAlta property line to North Fork<br />
Rd; S on North Fork Rd to Centralia-Alpha Rd; W on Centralia-Alpha<br />
Rd to Salzer Valley Rd and the point of beginning.<br />
[ 117 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Elk Area No. 6071 Dungeness (Clallam County): Portions<br />
of GMUs 621 (Olympic) and 624 (Coyle) beginning at the<br />
mouth of the Dungeness River; east and south along the coast<br />
of the Strait of Juan de Fuca to the mouth of Jimmycomelately<br />
Creek on Sequim Bay; south and west up Jimmycomelately<br />
Creek to US Hwy 101; east on US Hwy 101 to Chicken<br />
Coop Road; east and north on Chicken Coop Road to the<br />
Clallam-Jefferson county line; south and west along the Clallam-Jefferson<br />
county line to the Olympic National Park<br />
boundary; north and west along the Olympic Park boundary<br />
to McDonald Creek; north along McDonald Creek to US<br />
Hwy 101; east along US Hwy 101 to the Dungeness River;<br />
north down the Dungeness River to its mouth and the point of<br />
beginning.<br />
Elk Area No. 6072 Sol Duc Valley (Clallam County): That<br />
portion of GMU 607 (Sol Duc) between the Sol Duc River<br />
and Hwy 101 from a point at the Sol Duc River bridge over<br />
Hwy 101 approximately 2 miles north of Forks to the westernmost<br />
Sol Duc River bridge over Hwy 101 at a point<br />
approximately 1 mile east of Lake Pleasant.<br />
Elk Area No. 6073 Clearwater Valley (Jefferson County):<br />
That portion of GMU 615 (Clearwater) within one mile of the<br />
Clearwater Road from the Quinault Indian Reservation<br />
boundary to a point 4 miles to the north.<br />
((DEER AREAS<br />
Deer Area No. 1008 West Wenaha (Columbia County):<br />
That part of GMU 169 west of USFS trail 3112 from Tepee<br />
Camp (east fork of Butte Creek) to Butte Creek, and west of<br />
Butte Creek to the Washington-Oregon state line.<br />
Deer Area No. 1009 East Wenaha (Columbia, Garfield,<br />
Asotin counties): That portion of GMU 169 east of USFS<br />
trail 3112 from Tepee Camp (east fork Butte Creek) to Butte<br />
Creek, and east of Butte Creek to the Washington-Oregon<br />
state line.<br />
Deer Area No. 1010 (Columbia County): GMU 162<br />
excluding National Forest land and the Rainwater Wildlife<br />
Area.<br />
Deer Area No. 1020 Prescott (Columbia and Garfield<br />
counties): That portion of GMU 149 between Hwy 261 and<br />
Hwy 127.<br />
Deer Area No. 1021 Clarkston (Asotin County): That portion<br />
of GMU 178 beginning at the junction of the Highway<br />
12 bridge and Alpowa Creek; east on Highway 12 to Silcott<br />
Road; south and east on Silcott Road to Highway 128; southwest<br />
on Highway 128 to McGuire Gulch Road; southeast<br />
along the bottom of McGuire Gulch to Asotin Creek; east on<br />
Asotin Creek to the Snake River; north and west on the Snake<br />
River to Alpowa Creek; southwest of Alpowa Creek to the<br />
Highway 12 bridge and the point of beginning.<br />
Deer Area No. 1030 Republic (Ferry County): That area<br />
within one-half mile surrounding the incorporated town of<br />
Republic.<br />
Deer Area No. 1035 Highway 395 Corridor (Stevens<br />
County): That portion of GMU 121 beginning at the intersection<br />
of US Highway (Hwy) 395 (State Route 20) and State<br />
<strong>Proposed</strong> [ 118 ]<br />
Route (SR) 25: S on SR 25 to Old Kettle Rd; E on Old Kettle<br />
Rd to Mingo Mountain Rd; S on Mingo Mountain Rd to<br />
Greenwood Loop Rd; E on Greenwood Loop Rd to the bridge<br />
over the Colville River; S on the Colville River to the bridge<br />
over Gold Creek Loop/Valley Westside Rd; W and S on Valley<br />
Westside Rd to the Orin-Rice Rd; E on Orin-Rice Rd to<br />
Haller Creek Rd; S on Haller Creek Rd to Skidmore Rd; E<br />
and S on Skidmore Rd to Arden Hill Rd; E on Arden Hill Rd<br />
to Townsend-Sackman Rd; S on Townsend-Sackman Rd to<br />
Twelve Mile Rd; S on Twelve Mile Rd to Marble Valley<br />
Basin Rd; S on Marble Valley Basin Rd to Zimmer Rd; S on<br />
Zimmer Rd to Blue Creek West Rd; E on Blue Creek West<br />
Rd to Dry Creek Rd; S on Dry Creek Rd to Duncan Rd; E on<br />
Duncan Rd to Tetro Rd; S on Tetro Rd to Heine Rd; E and S<br />
on Heine Rd to Farm-to-Market Rd; S on Farm-to-Market Rd<br />
to Newton Rd (also known as Rickers Lane); E on Newton<br />
Rd to US Hwy 395; N on US Hwy 395 to McLean Rd and<br />
Twelve Mile Rd (also known as Old Arden Hwy); N on<br />
McLean Rd and Twelve Mile Rd to US Hwy 395; N on US<br />
Hwy 395 to Old Arden Hwy (again); N on Old Arden Hwy to<br />
US Hwy 395; N on US Hwy 395, through the town of<br />
Colville, then W on US Hwy 395 (SR 20) to SR 25 and the<br />
point of beginning.<br />
Deer Area No. 1050 Spokane North (Spokane County):<br />
From the intersection of the Spokane River and the Idaho-<br />
Washington state line, N to Hauser Lake Rd, W to Starr Rd,<br />
S to Newman Lake Dr, W and N to Foothills Rd, W to Forker<br />
Rd, N and W to Hwy 206 (Mt Spokane Park Rd), N to Feehan<br />
Rd, N to Randall Rd, W to Day Mt Spokane Rd, N to Big<br />
Meadows Rd, W to Madison Rd, N to Tallman Rd, W to Elk-<br />
Chattaroy Rd, N to Laurel Rd, E to Conklin Rd, N to Nelson<br />
Rd, E to Jackson Rd, N to Oregon Rd, E to Jefferson Rd, N to<br />
Frideger Rd, W to Elk-Camden Rd, S to Boundary Rd, N and<br />
W to Dunn Rd, S to Oregon Rd, W to Hwy 2, S on US Hwy<br />
2 to the Deer Park-Milan Rd, W on the Deer Park-Milan Rd<br />
to US Hwy 395 at the town of Deer Park, NW on US Hwy<br />
395 and W onto Williams Valley Rd, W and S to Hattery Rd<br />
(Owens Rd), S and E to Swenson Rd, S to Hwy 291, west to<br />
Stone Lodge Rd, west to the Spokane River, E on the Spokane<br />
River to the Idaho state border and the point of beginning.<br />
Deer Area No. 1060 Spokane South (Spokane County):<br />
That part of GMU 127 beginning at the intersection of Spokane<br />
River and Barker Rd Bridge, Barker Rd S to 24 Ave, 24<br />
Ave W to Barker Rd, Barker Rd S to 32 Ave, 32 Ave W to<br />
Linke Rd, Linke Rd S and E to Chapman Rd, Chapman Rd S<br />
to Linke Rd, Linke Rd S to Belmont Rd, Belmont Rd W to<br />
Hwy 27, Hwy 27 S to Palouse Hwy, Palouse Hwy W to Valley<br />
Chapel Rd, Valley Chapel Rd S to Spangle Creek Rd,<br />
Spangle Creek Rd SW to Hwy 195, Hwy 195 N to I-90, I-90<br />
E to Latah Creek at I-90-Latah Creek Bridge, Latah Creek<br />
NE to Spokane River, Spokane River E to the Barker Rd<br />
Bridge and the point of beginning.<br />
Deer Area No. 1070 Spokane West (Spokane County):<br />
That part of GMU 130 beginning at the intersection of I-90<br />
and Latah Creek at I-90-Latah Creek Bridge, NE to Hwy 195<br />
S on Hwy 195 S to Paradise Rd, Paradise Rd W to Smythe<br />
Road, Smythe Road NW to Anderson Rd, Anderson Rd W to<br />
Cheney Spokane Rd, Cheney Spokane Rd SW to Hwy
904/1st St in the town of Cheney, 1st SW to Salnave Rd/Hwy<br />
902, Salnave Rd NW to Malloy Prairie Rd, Malloy Prairie Rd<br />
W to Medical Lake Tyler Rd, Medical Lake Tyler Rd N to<br />
Gray Rd, Gray Rd W then N to Fancher Rd, Fancher Rd NW<br />
to Ladd Rd, Ladd Rd N to Chase Rd, Chase Rd E to Espanola<br />
Rd, Espanola Rd N turns into Wood Rd, Wood Rd N to Coulee<br />
Hite Rd, Coulee Hite Rd E to Seven Mile Rd, Seven Mile<br />
Rd E to Spokane River, Spokane River S to Latah Creek,<br />
Latah Creek S to I-90 at the Latah Creek Bridge and the point<br />
of beginning.<br />
Deer Area No. 1080 Colfax (Whitman County): That part<br />
of GMUs 139 and 142 beginning at the intersection of Hwy<br />
195 and Crumbaker Rd, NE on Crumbaker Rd to Brose Rd, E<br />
on Brose Rd to Glenwood Rd, S on Glenwood Rd to Hwy<br />
272, SE on Hwy 272 to Clear Creek Rd, SE on Clear Creek<br />
Rd to Stueckle Rd, S on Stueckle Rd to Palouse River Rd, E<br />
to Kenoyier Rd SE to Abbott Rd, S on Abbott Rd to Parvin<br />
Rd, S on Parvin Rd to McIntosh Rd, S on McIntosh Rd to 4<br />
mile Rd/Shawnee Rd, W on Shawnee Rd to Hwy 195, N on<br />
Hwy 195 to Prune Orchard Rd, W on Prune Orchard Rd to<br />
Almota Rd, S on Almota Rd to Duncan Springs Rd, W and<br />
NW on Duncan Springs Rd to Airport Rd, NW on Airport Rd<br />
to Fairgrounds Rd, N on Fairgrounds Rd to Endicott Rd,<br />
NNW on Endicott Rd to Morley Rd, E and S and E on Morley<br />
Rd to Hwy 295 (26), NE on Hwy 295 to West River Dr then<br />
follow Railroad Tracks NW to Manning Rd, E on Manning<br />
Rd to Green Hollow Rd, E and S on Green Hollow Rd to Bill<br />
Wilson Rd, E on Bill Wilson Rd to Hwy 195, S on Hwy 195<br />
to Crumbaker Rd and the point of beginning.<br />
Deer Area No. 2010 Benge (Adams and Whitman counties):<br />
That part of GMU 284 beginning at the town of Washtucna;<br />
north on SR 261 to Weber Road; east on Weber Road<br />
to Benzel Road; north on Benzel Road to Wellsandt Road;<br />
east on Wellsandt Road to Hills Road; south on Hills Road to<br />
Urquhart Road; east on Urquhart Road to Harder Road, East<br />
on Harder Road to McCall Road; east on McCall Road to<br />
Gering Road; east on Gering Road to Lakin Road; east on<br />
Lakin Road to Revere Road; south on Revere Road to George<br />
Knott Road; south on George Knott Road to Rock Creek;<br />
south along Rock Creek to the Palouse River; south and west<br />
along the Palouse River to SR 26; west on SR 26 to Washtucna<br />
and the point of beginning.<br />
Deer Area No. 2011 Lakeview (Grant County): That part<br />
of GMU 272 beginning at the junction of SR 28 and First<br />
Avenue in Ephrata; west on First Avenue to Sagebrush Flats<br />
Road; west on Sagebrush Flats Road to Norton Canyon<br />
Road; north on Norton Canyon Road to E Road NW; north on<br />
E Road NW to the Grant-Douglas county line; east along the<br />
county line to the point where the county line turns north;<br />
from this point continue due east to SR 17; south on SR 17 to<br />
SR 28 at Soap Lake; south on SR 28 to the junction with First<br />
Avenue in Ephrata and the point of beginning.<br />
Deer Area No. 2012 Methow Valley (Okanogan County):<br />
All private land in the Methow Watershed located outside the<br />
external boundary of the Okanogan National Forest and north<br />
of the following boundary: starting where the Libby Creek<br />
Road (County road 1049) intersects the Okanogan National<br />
Forest boundary; east on road 1049 to State Hwy 153; north<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
on Hwy 153 to the Old Carlton Road; east on the Old Carlton<br />
Road to the Texas Creek Road (County road 1543); east on<br />
the Texas Creek Road to the Vintin Road (County road<br />
1552); northeast on the Vintin Road to the Okanogan<br />
National Forest boundary.<br />
Deer Area No. 2013 North Okanogan (Okanogan<br />
County): Restricted to private land only located within the<br />
following boundary: Beginning in Tonasket at the junction<br />
of Havillah Rd and Hwy 97; NE on Havillah Rd to Dry Gulch<br />
Extension Rd; N to Dry Gulch Rd; N on Dry Gulch Rd to<br />
Oroville-Chesaw Rd; W on Oroville-Chesaw Rd to Molson<br />
Rd; N on Molson Rd to Nine Mile Rd; N and W on Nine Mile<br />
Rd to the Canadian border at the old Sidley Town Site; W<br />
along the border to the east shore of Lake Osoyoos; S around<br />
Lake Osoyoos to the Okanogan River; S along the east bank<br />
of the Okanogan River to the Tonasket Fourth Street Bridge;<br />
E on Fourth Street to Hwy 97; N on Hwy 97 to point of beginning.<br />
Deer Area No. 2014 Central Okanogan (Okanogan<br />
County): Restricted to private land only located within the<br />
following boundary: Beginning in Tonasket on the Okanogan<br />
River at the Fourth Street Bridge; S along Hwy 7 to Pine<br />
Creek Rd; W along Pine Creek Rd to Horse Spring Coulee<br />
Rd; W and N on Horse Spring Coulee Rd to Beeman Rd; W<br />
on Beeman Rd to North Lemanasky Rd; S along North Lemanasky<br />
Rd to Pine Creek Rd; S on Pine Creek Rd to Hagood<br />
Cut-off Rd; S on Hagood Cut-off Rd to South Pine Creek Rd;<br />
E on South Pine Creek Rd to Hwy 97; S on Hwy 97 to Town<br />
of Riverside North Main Street junction; SE on North Main<br />
Street to Tunk Valley Rd and the Okanogan River Bridge; E<br />
on Tunk Creek Rd to Chewiliken Valley Rd; NE along<br />
Chewiliken Valley Rd to Talkire Lake Rd; N on Talkire Lake<br />
Rd to Hwy 20; W on Hwy 20 to the junction of Hwy 20 and<br />
Hwy 97; N on Hwy 97 to Fourth Street; W on Fourth Street<br />
to point of beginning.<br />
Deer Area No. 2015 Omak (Okanogan County):<br />
Restricted to private land only located within the following<br />
boundary: Beginning at Hwy 97 and Riverside Cut-off road;<br />
west on Riverside Cut-off Rd to Conconully Road; south on<br />
Conconully Rd to Danker Cut-off road; west on Danker Cutoff<br />
road to Salmon Creek Rd; north on Salmon Creek Rd to<br />
Spring Coulee Rd; south on Spring Coulee Rd to B&O Road<br />
North Rd; southwest on B&O North Rd to Hwy 20; east on<br />
Hwy 20 to B&O Rd; south on B&O Rd to the Town of Malott<br />
and the bridge over the Okanogan River; north along the west<br />
bank of the Okanogan River to the Town of Riverside and the<br />
Tunk Valley road bridge; west on Tunk Valley road to State<br />
Street in Riverside; south on State Street to 2nd Street; west<br />
on 2nd Street to Hwy 97 and the point of beginning.<br />
Deer Area No. 2016 Conconully (Okanogan County):<br />
Restricted to private land only located within the following<br />
boundary: Beginning at the Conconully town limit at the<br />
south edge of Town and the east shore of Conconully Reservoir;<br />
south along the east shore of the reservoir to Salmon<br />
Creek; south along the east bank of Salmon Creek to Salmon<br />
Creek road at the old Ruby Town site; south on Salmon<br />
Creek road to Green Lake road; northeast on Green Lake road<br />
[ 119 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
to Conconully road; north on Conconully road to the south<br />
limit of the Town of Conconully and the point of beginning.<br />
Deer Area No. 3071 Whitcomb (Benton County): That<br />
part of GMU 373 made up by the Whitcomb Unit of the Umatilla<br />
National Wildlife Refuge.<br />
Deer Area No. 3072 Paterson (Benton County): That part<br />
of GMU 373 made up by the Paterson Unit of the Umatilla<br />
National Wildlife Refuge.<br />
Deer Area No. 3088 High Prairie (Klickitat County): That<br />
portion of GMU 388 (Grayback) that is south of SR 142.<br />
Deer Area No. 3682 Ahtanum (Yakima County): That<br />
part of GMU 368 beginning at the power line crossing on<br />
Ahtanum Creek in T12N, R16E, Section 15; west up Ahtanum<br />
Creek to South Fork Ahtanum Creek; southwest up<br />
South Fork Ahtanum Creek to its junction with Reservation<br />
Creek; southwest up Reservation Creek and the Yakama<br />
Indian Reservation boundary to the main divide between the<br />
Diamond Fork drainage and Ahtanum Creek drainage; north<br />
along the crest of the main divide between the Diamond Fork<br />
drainage and the Ahtanum Creek drainage to Darland Mountain;<br />
northeast on US Forest Service Trail 615 to US Forest<br />
Service Road 1020; northeast on US Forest Service Road<br />
1020 to US Forest Service Road 613; northeast on US Forest<br />
Service Road 613 to US Forest Service Trail 1127; northeast<br />
on US Forest Service Trail 1127 to US Forest Service Road<br />
1302 (Jump Off Road), southeast of the Jump Off Lookout<br />
Station; northeast on US Forest Service Road 1302 (Jump<br />
Off Road) to Hwy 12. Northeast on Hwy 12 to the Naches<br />
River. Southeast down the Naches River to Cowiche Creek.<br />
West up Cowiche Creek and the South Fork Cowiche Creek<br />
to Summitview Ave. Northwest on Summitview Ave to<br />
Cowiche Mill Road. West on Cowiche Mill Road to the<br />
power line in the northeast corner of T13N, R15E, SEC 13.<br />
Southeast along the power line to Ahtanum Creek and the<br />
point of beginning.<br />
Deer Area No. 4004 (San Juan County): That part of GMU<br />
410 made up of Shaw Island.<br />
Deer Area No. 4005 (San Juan County): That part of GMU<br />
410 made up of Lopez Island.<br />
Deer Area No. 4006 (San Juan County): That part of GMU<br />
410 made up of Orcas Island.<br />
Deer Area No. 4007 (San Juan County): That part of GMU<br />
410 made up of Decatur Island.<br />
Deer Area No. 4008 (San Juan County): That part of GMU<br />
410 made up of Blakely Island.<br />
Deer Area No. 4009 (Skagit County): That part of GMU<br />
410 made up of Cypress Island.<br />
Deer Area No. 4010 (San Juan County): That part of GMU<br />
410 made up of San Juan Island.<br />
Deer Area No. 4011 (Island County): That part of GMU<br />
410 made up of Camano Island.<br />
Deer Area No. 4012 (Island County): That part of GMU<br />
410 made up of Whidbey Island.<br />
<strong>Proposed</strong> [ 120 ]<br />
Deer Area No. 4013 (King County): That part of GMU 454<br />
made up of Vashon and Maury islands.<br />
Deer Area No. 4926 Guemes (Skagit County): That part of<br />
GMU 407 (North Sound) on Guemes Island.<br />
Deer Area No. 5064: That part of GMU 564 in the Columbia<br />
River near the mouth of the Cowlitz River made up of<br />
Cottonwood Island and Howard Island.<br />
Deer Area No. 6014 (Pierce County): That part of GMU<br />
652 made up of Anderson Island.<br />
Deer Area No. 6020: Dungeness-Miller Peninsula (Clallam<br />
and Jefferson counties): That part of GMU 624 west of Discovery<br />
Bay and Salmon Creek.))<br />
AMENDATORY SECTION (Amending Order 12-70, filed<br />
5/2/12, effective 6/2/12)<br />
WAC 232-28-342 2012-13, 2013-14, 2014-15 Small<br />
game and other wildlife seasons and regulations. ((It is<br />
unlawful to fail to)) Hunters must comply with the bag, possession,<br />
and season limits ((except as)) described ((below)) in<br />
this section. Failure to do so constitutes violations of ((this<br />
section are punishable under)) RCW 77.15.245, 77.15.400,<br />
((and)) or 77.15.430, depending on the species hunted and the<br />
circumstances of the violation.<br />
STATEWIDE SEASONS:<br />
(1) FOREST GROUSE (BLUE, RUFFED, AND SPRUCE)<br />
(a) BAG AND POSSESSION LIMITS: ((Four (4))) 4 grouse<br />
per day, straight or mixed bag, with a total of ((twelve (12)))<br />
12 grouse in possession at any time.<br />
(b) SEASON DATES: Sept. 1 - Dec. 31, 2012, 2013, 2014.<br />
(2) BOBCAT<br />
(a) BAG AND POSSESSION LIMITS: No limit.<br />
(b) SEASON DATES: Sept. 1 - Mar. 15, 2012, 2013, 2014,<br />
2015.<br />
(c) RESTRICTION: It is unlawful to hunt bobcat ((may not<br />
be hunted)) with dogs.<br />
(3) RACCOON<br />
(a) BAG AND POSSESSION LIMITS: No limit.<br />
(b) OPEN AREA: Statewide, EXCEPT closed on Long<br />
Island within Willapa National Wildlife Refuge.<br />
(c) SEASON DATES: Sept. 1 - Mar. 15, 2012, 2013, 2014,<br />
2015.<br />
(4) FOX<br />
(a) BAG AND POSSESSION LIMITS: No limit.<br />
(b) OPEN AREA: Statewide EXCEPT closed within the<br />
exterior boundaries of the Mount Baker-Snoqualmie, Okanogan,<br />
Wenatchee, and Gifford Pinchot National Forests and<br />
GMUs 407 and 410.<br />
(c) SEASON DATES: ((Sept. 1 - Mar. 15, 2012, 2013,<br />
2014, 2015.))<br />
(i) Sept. 1, 2012 - Mar. 15, 2013;<br />
(ii) Sept. 1, 2013 - Mar. 15, 2014; and<br />
(iii) Sept. 1, 2014 - Mar. 15, 2015.<br />
(5) COYOTE<br />
(a) BAG AND POSSESSION LIMITS: No limit.<br />
(b) OPEN AREA: Statewide.<br />
(c) SEASON DATES: Year-round.
(d) RESTRICTION: It is unlawful to hunt coyote ((may not<br />
be hunted)) with dogs.<br />
(6) COTTONTAIL RABBIT AND SNOWSHOE HARE (OR<br />
WASHINGTON HARE)<br />
(a) BAG AND POSSESSION LIMITS: ((Five (5))) 5 cottontails<br />
or snowshoe hares per day, with a total of ((fifteen (15)))<br />
15 in possession at any time, straight or mixed bag.<br />
(b) SEASON DATES:<br />
(i) Sept. 1, 2012 - Mar. 15, 2013;<br />
(ii) Sept. 1, 2013 - Mar. 15, 2014; and<br />
(iii) Sept. 1, 2014 - Mar. 15, 2015.<br />
(7) CROWS<br />
(a) BAG AND POSSESSION LIMITS: No limit.<br />
(b) SEASON DATES:<br />
(i) Sept. 1, 2012 - Dec. 31, 2012;<br />
(ii) Sept. 1, 2013 - Dec. 31, 2013; and<br />
(iii) Sept. 1, 2014 - Dec. 31, 2014.<br />
(8) JACKRABBIT:<br />
((Season)) Closed statewide.<br />
(9) PTARMIGAN, SAGE, AND SHARP-TAILED GROUSE:<br />
((Season)) Closed statewide.<br />
(10) WILD TURKEY:<br />
(a) YOUTH SEASON<br />
(i) LEGAL BIRD: Male turkeys and turkeys with visible<br />
beards only.<br />
(ii) SEASON DATES:<br />
(A) April 7-8, 2012;<br />
(B) April 6-7, 2013;<br />
(C) April 5-6, 2014; and<br />
(D) April 4-5, 2015.<br />
(b) SPRING SEASON<br />
(i) LEGAL BIRD: Male turkeys and turkeys with visible<br />
beards only.<br />
(ii) SEASON DATES:<br />
(A) April 15 - May 31, 2012;<br />
(B) April 15 - May 31, 2013;<br />
(C) April 15 - May 31, 2014; and<br />
Permit Season<br />
Hunt Name Dates<br />
Klickitat Sept. 22 - Oct. 12,<br />
2012, Sept. 21 -<br />
Oct. 11, 2013,<br />
Sept. 20 - Oct. 10,<br />
2014<br />
Methow Nov. 15 - Dec. 15,<br />
2012, 2013, 2014<br />
Teanaway Nov. 15 - Dec. 15,<br />
2012, 2013, 2014<br />
*BAG LIMIT: During the ((early)) fall ((general and)) permit<br />
hunting seasons ((combined)).<br />
(f) LATE FALL SEASON<br />
(i) LEGAL BIRD: Either sex.<br />
(ii) LEGAL HUNTER: Open to all hunters with a valid turkey<br />
tag.<br />
(iii) OPEN AREA: GMUs 105-((142, 149-))154, 162-186.<br />
(iv) SEASON DATES:<br />
(A) Nov. 20 - Dec. 15, 2012;<br />
(B) Nov. 20 - Dec. 15, 2013; and<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
(D) April 15 - May 31, 2015.<br />
(iii) BAG LIMIT: The combined spring/youth season limit<br />
is ((three (3))) 3 birds. Only ((two (2))) 2 turkeys may be<br />
killed in Eastern Washington, except only one (1) may be<br />
killed in Chelan, Kittitas, or Yakima counties. One (1) turkey<br />
may be killed per year in Western Washington outside of<br />
Klickitat County. Two (2) turkeys may be killed in Klickitat<br />
County.<br />
(c) FALL NORTHEAST BEARDLESS TURKEY SEASON<br />
(i) LEGAL BIRD: Beardless only.<br />
(ii) LEGAL HUNTER: Open to all hunters with a valid turkey<br />
tag.<br />
(iii) OPEN AREA: GMUs 105-142.<br />
(iv) SEASON DATES:<br />
(A) Sept. 22 - Oct. 12, 2012;<br />
(B) Sept. 21 - Oct. 11, 2013; and<br />
(C) Sept. 20 - Oct. 10, 2014.<br />
(v) BAG LIMIT: Two (2) beardless turkeys (in addition to<br />
other fall turkey harvest).<br />
(d) EARLY FALL GENERAL SEASON<br />
(i) LEGAL BIRD: Either sex.<br />
(ii) LEGAL HUNTER: Open to all hunters with a valid turkey<br />
tag.<br />
(iii) OPEN AREA: GMUs 101, 124-142, 145-154, and<br />
162-186.<br />
(iv) SEASON DATES:<br />
(A) Sept. 22 - Oct. 12, 2012;<br />
(B) Sept. 21 - Oct. 11, 2013; and<br />
(C) Sept. 20 - Oct. 10, 2014.<br />
(v) BAG LIMIT: One (1) turkey ((either sex)) (in addition<br />
to other fall turkey harvest).<br />
(e) FALL PERMIT SEASONS<br />
(i) LEGAL BIRD: Either sex.<br />
(ii) LEGAL HUNTER: All hunters who are selected in the<br />
fall turkey special permit drawing and who also possess a<br />
valid turkey tag.<br />
Special Boundary<br />
Restrictions Description Permits Bag Limit*<br />
Either sex GMUs 382, 388,<br />
568-578<br />
150 1<br />
Either sex GMUs 218-231<br />
and 242<br />
50 1<br />
Either sex GMU 335 50 1<br />
(C) Nov. 20 - Dec. 15, 2014.<br />
(v) BAG LIMIT: One (1) turkey.<br />
(g) HUNTER EDUCATION INSTRUCTOR INCENTIVE PER-<br />
MITS<br />
(i) LEGAL BIRD: Male turkeys and turkeys with visible<br />
beards only.<br />
(ii) LEGAL HUNTER: Qualified hunter education instructors<br />
who are selected through a random drawing. ((Qualifying))<br />
Hunter education instructors ((must be)) qualify if the<br />
instructor is certified and ((have)) has been in active status for<br />
[ 121 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
a minimum of ((three)) 3 consecutive years, inclusive of the<br />
year prior to the permit drawing. Instructors who are drawn,<br />
accept a permit, and are able to participate in the hunt((,)) will<br />
not be eligible for ((these)) a hunter education instructor<br />
incentive permit((s)) for ((a period of ten)) 10 years ((thereafter))<br />
after they are drawn for the incentive permit.<br />
(iii) OPEN AREA: Statewide.<br />
(iv) SEASON DATES: April 1 - May 31, 2012, 2013, 2014,<br />
2015.<br />
(v) PERMITS: 2.<br />
(h) OFFICIAL HUNTING HOURS FOR WILD TURKEY:<br />
((HUNTING HOURS: One-half)) 1/2 hour before sunrise to<br />
sunset during spring and fall seasons.<br />
(i) SPECIAL ((REGULATIONS)) RULES FOR WILD TUR-<br />
KEY:<br />
((1.)) (i) Turkey season is open for shotgun shooting #4<br />
shot or smaller, archery, and muzzleloader shotgun shooting<br />
#4 shot or smaller.<br />
((2.)) (ii) It is unlawful to hunt turkey unless the hunter<br />
possesses a turkey tag ((is required for hunting turkey)).<br />
((3.)) (iii) It is unlawful to ((use dogs to)) hunt turkeys<br />
with dogs.<br />
((4.)) (iv) It is unlawful to bait game birds.<br />
EASTERN WASHINGTON SEASONS:<br />
(11) RING-NECKED PHEASANT<br />
(a) BAG AND POSSESSION LIMITS: Three (3) cock pheasants<br />
per day((, with a total of fifteen (15))). Hunters may possess<br />
up to 15 cock pheasants ((in possession)) at any one<br />
time.<br />
(b) YOUTH SEASON DATES: ((Sept. 22 and 23, 2012;<br />
Sept. 21 and 22, 2013; Sept. 20 and 21, 2014.)) Open only to<br />
youth hunters accompanied by an adult ((at least)) 18 years<br />
((old)) of age or older.<br />
(i) Sept. 22-23, 2012;<br />
(ii) Sept. 21-22, 2013; and<br />
(iii) Sept. 20-21, 2014.<br />
(c) HUNTERS SIXTY-FIVE YEARS OF AGE OR OLDER SEA-<br />
SON DATES:<br />
(i) Sept. 24-28, 2012;<br />
(ii) Sept. 23-27, 2013; and<br />
(iii) Sept. 22-26, 2014.<br />
(d) REGULAR SEASON DATES:<br />
(i) Oct. 20, 2012 - Jan. 13, 2013;<br />
(ii) Oct. 19, 2013 - Jan. 12, 2014; and<br />
(iii) Oct. 18, 2014 - Jan. 11, 2015.<br />
(12) CHUKAR<br />
(a) BAG AND POSSESSION LIMITS: ((Six (6))) 6 chukar per<br />
day((, with a total of eighteen (18))). Hunters may possess up<br />
to 18 chukar ((in possession)) at any one time.<br />
(b) YOUTH SEASON DATES: ((Sept. 22 and 23, 2012;<br />
Sept. 21 and 22, 2013; Sept. 20 and 21, 2014.)) Open only to<br />
youth hunters accompanied by an adult ((at least)) 18 years<br />
((old)) of age or older.<br />
(i) Sept. 22-23, 2012;<br />
(ii) Sept. 21-22, 2013; and<br />
(iii) Sept. 20-21, 2014.<br />
(c) REGULAR SEASON DATES:<br />
(i) Oct. 6, 2012 - Jan. 21, 2013;<br />
(ii) Oct. 5, 2013 - Jan. 20, 2014; and<br />
(iii) Oct. 4, 2014 - Jan. 19, 2015.<br />
<strong>Proposed</strong> [ 122 ]<br />
(13) GRAY (HUNGARIAN) PARTRIDGE<br />
(a) BAG AND POSSESSION LIMITS: ((Six (6))) 6 gray partridges<br />
per day((, with a total of eighteen (18))). Hunters may<br />
possess up to 18 gray partridges ((in possession)) at any one<br />
time.<br />
(b) YOUTH SEASON DATES: ((Sept. 22 and 23, 2012;<br />
Sept. 21 and 22, 2013; Sept. 20 and 21, 2014.)) Open only to<br />
youth hunters accompanied by an adult ((at least)) 18 years<br />
((old)) of age or older.<br />
(i) Sept. 22-23, 2012;<br />
(ii) Sept. 21-22, 2013; and<br />
(iii) Sept. 20-21, 2014.<br />
(c) REGULAR SEASON DATES:<br />
(i) Oct. 6, 2012 - Jan. 21, 2013;<br />
(ii) Oct. 5, 2013 - Jan. 20, 2014; and<br />
(iii) Oct. 4, 2014 - Jan. 19, 2015.<br />
(14) MOUNTAIN QUAIL<br />
((Season)) Closed throughout Eastern Washington.<br />
(15) CALIFORNIA (VALLEY) QUAIL AND NORTHERN<br />
BOBWHITE<br />
(a) BAG AND POSSESSION LIMITS: ((Ten (10))) 10 quail<br />
per day((, with a total of thirty (30))). Hunters may possess<br />
up to 30 quail ((in possession)) at any one time, straight or<br />
mixed bag.<br />
(b) YOUTH SEASON DATES: ((Sept. 22 and 23, 2012;<br />
Sept. 21 and 22, 2013; Sept. 20 and 21, 2014.)) Open only to<br />
youth hunters accompanied by an adult ((at least)) 18 years<br />
((old)) of age or older.<br />
(i) Sept. 22-23, 2012;<br />
(ii) Sept. 21-22, 2013; and<br />
(iii) Sept. 20-21, 2014.<br />
(c) REGULAR SEASON DATES:<br />
(i) Oct. 6, 2012 - Jan. 21, 2013;<br />
(ii) Oct. 5, 2013 - Jan. 20, 2014; and<br />
(iii) Oct. 4, 2014 - Jan. 19, 2015.<br />
WESTERN WASHINGTON SEASONS:<br />
(16) RING-NECKED PHEASANT<br />
(a) BAG AND POSSESSION LIMITS: ((Two (2))) 2 pheasants<br />
of either sex per day((, with a total of fifteen (15))).<br />
Hunters may possess up to 15 pheasants ((in possession)) at<br />
any one time.<br />
(b) YOUTH SEASON DATES: ((Sept. 22 and 23, 2012;<br />
Sept. 21 and 22, 2013; Sept. 20 and 21, 2014.)) Open only to<br />
youth hunters accompanied by an adult ((at least)) 18 years<br />
((old)) of age or older.<br />
(i) Sept. 22-23, 2012;<br />
(ii) Sept. 21-22, 2013; and<br />
(iii) Sept. 20-21, 2014.<br />
(c) HUNTERS SIXTY-FIVE YEARS OF AGE OR OLDER SEA-<br />
SON DATES:<br />
(i) Sept. 24-28, 2012;<br />
(ii) Sept. 23-27, 2013; and<br />
(iii) Sept. 22-26, 2014.<br />
(d) REGULAR SEASON DATES: 8:00 a.m. to 4:00 p.m.<br />
(i) Sept. 29 - Nov. 30, 2012;<br />
(ii) Sept. 28 - Nov. 30, 2013; and<br />
(iii) Sept. 27 - Nov. 30, 2014. ((8 a.m. to 4 p.m.; EXCEPT<br />
Dungeness Recreation Area Site (Clallam County) starting<br />
Oct. 6, 2012; Oct. 5, 2013; Oct. 4, 2014.))<br />
(e) EXTENDED SEASON DATES:
(i) Dec. 1-15, 2012, 2013, 2014.<br />
(ii) 8 a.m. to 4 p.m. only ((on)) at the following release<br />
sites: Belfair, Fort Lewis, Kosmos, Lincoln Creek, Scatter<br />
Creek, Skookumchuck, and all Whidbey Island release sites<br />
EXCEPT Bayview.<br />
(iii) Pheasants will not be released during the extended<br />
season.<br />
(f) SPECIAL RESTRICTION: Western Washington pheasant<br />
hunters must choose to hunt only on ((either)) odd-numbered<br />
or even-numbered weekend days from 8:00 - 10:00<br />
a.m. at all units of Lake Terrell, Tennant Lake, Snoqualmie,<br />
Skagit, Skookumchuck, and Scatter Creek Wildlife Areas,<br />
and all hunting sites on Whidbey Island((, and at the Dungeness<br />
Recreation Area, and)). Hunters must indicate their<br />
choice of odd-numbered or even-numbered weekend days on<br />
the Western Washington Pheasant Permit by choosing "odd"<br />
or "even." Hunters who select the three day option, hunters<br />
65 years of age or older, and youth hunters may hunt ((during<br />
either)) in the morning on both odd-numbered and even-numbered<br />
weekend ((day morning)) days. Youth hunters must be<br />
accompanied by an adult ((at least)) 18 years ((old who)) of<br />
age or older and the adult must have an appropriately marked<br />
pheasant permit if hunting.<br />
(17) MOUNTAIN QUAIL<br />
(a) BAG AND POSSESSION LIMITS: ((Two (2))) 2 mountain<br />
quail per day((, with a total of four (4))). Hunters may<br />
possess up to 4 mountain quail ((in possession)) at any one<br />
time.<br />
(b) SEASON DATES:<br />
(i) Sept. 29 - Nov. 30, 2012;<br />
(ii) Sept. 28 - Nov. 30, 2013; and<br />
(iii) Sept. 27 - Nov. 30, 2014.<br />
(18) CALIFORNIA (VALLEY) QUAIL AND NORTHERN<br />
BOBWHITE<br />
(a) BAG AND POSSESSION LIMITS: ((Ten (10))) 10 California<br />
(valley) quail or northern bobwhite per day((, with a<br />
total of thirty (30))). Hunters may possess up to 30 California<br />
(valley) quail or northern bobwhite ((in possession)) at any<br />
one time, straight or mixed bag.<br />
(b) SEASON DATES:<br />
(i) Sept. 29 - Nov. 30, 2012;<br />
(ii) Sept. 28 - Nov. 30, 2013; and<br />
(iii) Sept. 27 - Nov. 30, 2014.<br />
FALCONRY SEASONS:<br />
(19) UPLAND GAME BIRD AND FOREST GROUSE - FAL-<br />
CONRY<br />
(a) BAG AND POSSESSION LIMITS:<br />
((Two (2))) (i) 2 pheasants (either sex)((, six (6)));<br />
(ii) 6 partridge((, five (5)));<br />
(iii) 5 California (valley) quail or northern bobwhite((,<br />
two (2)));<br />
(iv) 2 mountain quail (in Western Washington only)((,<br />
and three (3)));<br />
(v) 3 forest grouse (blue, ruffed, spruce) per day((.)); and<br />
(vi) Possession limit is twice the daily bag limit.<br />
(b) OPEN AREA: Statewide.<br />
(c) SEASON DATES:<br />
(i) Aug. 1, 2012 - Mar. 15, 2013;<br />
(ii) Aug. 1, 2013 - Mar. 15, 2014; and<br />
(iii) Aug. 1, 2014 - Mar. 15, 2015.<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
(20) TURKEY - FALCONRY<br />
(a) A turkey tag is required to hunt turkey during the turkey<br />
falconry season.<br />
(b) BAG AND POSSESSION LIMITS: One (1) turkey (either<br />
sex) per turkey tag with a maximum of ((two (2))) 2 turkeys.<br />
((Possession limit: Two (2))) Hunters may possess up to 2<br />
turkeys at any one time.<br />
(c) OPEN AREA: Eastern Washington.<br />
(d) SEASON DATES:<br />
(i) Sept. 1, 2012 - Feb. 15, 2013;<br />
(ii) Sept. 1, 2013 - Feb. 15, 2014; and<br />
(iii) Sept. 1, 2014 - Feb. 15, 2015.<br />
(21) MOURNING DOVE - FALCONRY<br />
(a) BAG AND POSSESSION LIMITS: ((Three (3))) 3 mourning<br />
doves per day straight bag or mixed bag with snipe, coots,<br />
ducks, and geese during established seasons. The possession<br />
limit is twice the daily limit.<br />
(b) OPEN AREA: Statewide.<br />
(c) SEASON DATES: Sept. 1 - Dec. 16, 2012, 2013, 2014.<br />
(22) COTTONTAIL RABBIT AND SNOWSHOE HARE - FAL-<br />
CONRY<br />
(a) BAG AND POSSESSION LIMITS: ((Five (5))) 5 cottontails<br />
or snowshoe hares per day, straight or mixed bag. ((Possession<br />
limit: Fifteen (15))) Hunters may possess up to 15<br />
cottontails or snowshoe hares at any one time, straight or<br />
mixed bag.<br />
(b) OPEN AREA: Statewide.<br />
(c) SEASON DATES:<br />
(i) Aug. 1, 2012 - Mar. 15, 2013;<br />
(ii) Aug. 1, 2013 - Mar. 15, 2014; and<br />
(iii) Aug. 1, 2014 - Mar. 15, 2015.<br />
OTHER SEASONS:<br />
(23) CANADA GOOSE SEPTEMBER SEASON<br />
(a) WESTERN WASHINGTON:<br />
(i) BAG AND POSSESSION LIMITS: ((Western Washington,<br />
except Cowlitz and Wahkiakum counties and that part of<br />
Clark County north of the Washougal River: Five (5)))<br />
(A) 5 Canada geese per day ((with a total of ten (10) in<br />
possession)); hunters may possess up to 10 Canada geese at<br />
any time((.)), EXCEPT:<br />
(B) In Cowlitz and Wahkiakum counties and that part of<br />
Clark County north of the Washougal River: ((Three (3))) 3<br />
Canada geese per day ((with a total of six (6) in possession));<br />
hunters may possess up to 6 at any one time.<br />
(ii) SEASON DATES: Sept. 10-15, 2012, 2013, and 2014,<br />
EXCEPT Pacific County: Sept. 1-15, 2012, 2013, and 2014.<br />
(b) EASTERN WASHINGTON:<br />
(i) BAG AND POSSESSION LIMITS: ((Three (3))) 3 Canada<br />
geese per day ((with a total of six (6) in possession)); hunters<br />
may possess up to 6 at any one time.<br />
((EASTERN WASHINGTON)) (ii) SEASON DATES: Sept. 14-<br />
15, 2012, 2013, 2014.<br />
((WESTERN WASHINGTON SEASON DATES: Sept. 10-15,<br />
2012, 2013, and 2014. EXCEPT Pacific County: Sept. 1-15,<br />
2012, 2013, 2014.))<br />
(24) MOURNING DOVE<br />
(a) BAG AND POSSESSION LIMITS: ((Ten (10))) 10 mourning<br />
doves per day ((with a total of twenty (20) mourning<br />
doves in possession)). Hunters may possess up to 20 mourning<br />
doves at any one time.<br />
[ 123 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
(b) OPEN AREA: Statewide.<br />
(c) SEASON DATES: Sept. 1-30, 2012, 2013, 2014.<br />
((HIP REQUIREMENTS:<br />
All hunters age 16 and over of migratory game birds (duck,<br />
goose, coot, snipe, mourning dove, and band-tailed pigeon)<br />
are required to complete a Harvest Information Program<br />
(HIP) survey at a license dealer, and possess a Washington<br />
Migratory Bird permit as evidence of compliance with this<br />
requirement when hunting migratory game birds. Youth<br />
hunters are required to complete a HIP survey, and possess a<br />
free Washington Youth Migratory Bird permit as evidence of<br />
compliance with this requirement when hunting migratory<br />
game birds.))<br />
(25) BAND-TAILED PIGEON<br />
(a) BAG AND POSSESSION LIMITS: ((Two (2))) 2 bandtailed<br />
pigeons per day ((with a total of four (4))). Hunters<br />
may possess up to 4 band-tailed pigeons ((in possession)) at<br />
any one time.<br />
(b) OPEN AREA: Statewide.<br />
(c) SEASON DATES: Sept. 15-23, 2012, 2013, 2014.<br />
(d) WRITTEN AUTHORIZATION IS REQUIRED TO HUNT<br />
BAND-TAILED PIGEONS((.)):<br />
(i) Hunters must possess a special migratory bird hunting<br />
authorization and harvest record card for band-tailed pigeons<br />
when hunting band-tailed pigeons. Immediately after taking a<br />
band-tailed pigeon into possession, hunters must record ((in<br />
ink)) the required information ((required)) in ink on the harvest<br />
record card. Hunters must report harvest information<br />
from band-tailed pigeon harvest record cards to Washington<br />
department of fish and wildlife (WDFW) for receipt by September<br />
30 following the current season. Every person issued<br />
a migratory bird hunting authorization and harvest record<br />
card must return the entire card to ((the Washington department<br />
of fish and wildlife)) WDFW or report the card information<br />
at the designated internet site listed on the harvest<br />
record card. ((Any)) If a hunter ((failing)) fails to report his or<br />
her harvest by the reporting deadline ((will be in noncompliance)),<br />
he or she is in violation of reporting requirements.<br />
(ii) Beginning with the 2013 license year, hunters who<br />
((have)) do not ((reported)) report band-tailed pigeon hunting<br />
activity by the reporting deadline for any harvest record card<br />
((will be)) are required to pay a ten dollar administrative fee<br />
before any new migratory bird authorization and harvest<br />
record card ((will be)) is issued. A hunter may only be penalized<br />
a maximum of ten dollars during a license year.<br />
(26) BIRD DOG TRAINING SEASON<br />
(a) Wild upland game birds may be pursued during the<br />
dog-training season, but may not be killed except during<br />
established hunting seasons. A small game license is required<br />
to train dogs on wild game birds. A Western Washington<br />
Pheasant Permit is required to train dogs on pheasants in<br />
Western Washington. Captive raised game birds may be<br />
released and killed during dog training if proof of lawful<br />
acquisition (invoices) are in possession and the birds are<br />
appropriately marked (WAC 232-12-271 and 232-12-044).<br />
(b) OPEN AREA: Statewide.<br />
(c) SEASON DATES: Aug. 1, 2012 - Mar. 31, 2013; Aug.<br />
1, 2013 - Mar. 31, 2014; Aug. 1, 2014 - Mar. 31, 2015.<br />
<strong>Proposed</strong> [ 124 ]<br />
(d) Only youth and seniors may train dogs during their<br />
respective seasons on designated Western Washington<br />
pheasant release sites.<br />
(e) Bird dog training may be conducted year round on<br />
areas posted for bird dog training on portions of:<br />
(i) Region One - Espanola (T24N, R40E, E 1/2 of section<br />
16);<br />
(ii) Region Three - South L. T. Murray Wildlife Area;<br />
(iii) Region Four - Skagit Wildlife Area, Lake Terrell<br />
Wildlife Area, and Snoqualmie Wildlife Area;<br />
(iv) Region Five - Shillapoo/Vancouver Lake Wildlife<br />
Area;<br />
(v) Region Six - Scatter Creek Wildlife Area, Fort Lewis<br />
Military Base.<br />
((HOUND HUNTING DURING DEER AND ELK HUNTING SEA-<br />
SONS<br />
It is unlawful to hunt any wildlife at night or wild animals<br />
with dogs (hounds) during the months of September, October,<br />
or November in any area open to a modern firearm deer<br />
or elk season. The use of hounds to hunt black bear, cougar<br />
(EXCEPT by public safety cougar removal permit (WAC 232-<br />
12-243) or a commission authorized hound permit (WAC<br />
232-28-285)), coyote, and bobcat is prohibited year round.))<br />
(27) YAKAMA INDIAN RESERVATION:<br />
The 2012-13, 2013-14, 2014-15 upland bird seasons<br />
within the Yakama Indian Reservation ((shall be)) are the<br />
same as the season established by the Yakama Indian Nation.<br />
(28) COLVILLE INDIAN RESERVATION:<br />
The 2012-13, 2013-14, 2014-15 upland bird seasons<br />
within the Colville Indian Reservation ((shall be)) are the<br />
same as the season established by the Colville Indian Tribe.<br />
HIP REQUIREMENTS:<br />
(29) All hunters of migratory game birds (duck, goose,<br />
coot, snipe, mourning dove, and band-tailed pigeon) age 16<br />
and over are required to complete a Harvest Information Program<br />
(HIP) survey at a license dealer and possess a Washington<br />
Migratory Bird permit as evidence of compliance with<br />
this requirement when hunting migratory game birds.<br />
(30) Youth hunters are required to complete a HIP survey<br />
and possess a free Washington Youth Migratory Bird<br />
permit as evidence of compliance with this requirement when<br />
hunting migratory game birds.<br />
AMENDATORY SECTION (Amending Order 12-70, filed<br />
5/2/12, effective 6/2/12)<br />
WAC 232-28-357 2012-2014 Deer general seasons<br />
and definitions. It is unlawful to fail to comply with bag,<br />
possession, and season limits except as described below.<br />
Violations of this section are punishable under RCW 77.15.-<br />
410.<br />
Bag Limit: One (1) deer per hunter during the license year<br />
except where otherwise permitted by fish and wildlife commission<br />
rule.<br />
Hunting Method: Hunters must select one of the hunting<br />
methods (modern firearm, archery, muzzleloader).
Any Buck Deer Seasons: Open only to the taking of deer<br />
with visible antlers (buck fawns illegal).<br />
Antler Point: To qualify as an antler point, the point must be<br />
at least one inch long measured on the longest side.<br />
Antler Restrictions: APPLIES TO ALL HUNTERS DURING ANY<br />
GENERAL SEASON AND DESIGNATED SPECIAL PERMIT SEA-<br />
SONS. Buck deer taken in antler restricted GMUs must meet<br />
minimum antler point requirements. Minimum antler point<br />
requirements are antler points on one side only. Eye guards<br />
are antler points when they are at least one inch long.<br />
2 Point minimum GMUs: 437, 636, 654, and 681.<br />
3 Point minimum GMUs: All mule deer in 100, 200, and<br />
300 series GMUs; white-tailed deer in GMUs 127, 130, 133,<br />
136, 139, 142, 145, 149, 154, 162, 163, 166, 169, 172, 175,<br />
178, 181, 186, and black-tailed deer in GMU 578.<br />
4 Point minimum GMUs: All white-tailed deer in GMUs<br />
117 and 121.<br />
Permit Only Units: The following GMUs require a special<br />
permit to hunt deer: 157 (Mill Creek Watershed), 290 (Desert),<br />
329 (Quilomene), 371 (Alkali), and 485 (Green River).<br />
GMUs Closed to Deer Hunting: 490 (Cedar River) and 522<br />
(Loo-wit).<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Black-tailed Deer: Any member of black-tailed/mule deer<br />
(species Odocoileus hemionus) found west of a line drawn<br />
from the Canadian border south on the Pacific Crest Trail and<br />
along the Yakama Indian Reservation boundary in Yakima<br />
County to the Klickitat River; south down Klickitat River to<br />
the Columbia River.<br />
Mule Deer: Any member of black-tailed/mule deer (species<br />
Odocoileus hemionus) found east of a line drawn from the<br />
Canadian border south on the Pacific Crest Trail and along<br />
the Yakama Indian Reservation boundary in Yakima County<br />
to the Klickitat River; south down Klickitat River to the<br />
Columbia River.<br />
White-tailed Deer: Means any white-tailed deer (member<br />
of the species Odocoileus virginianus) except the Columbian<br />
whitetail deer (species Odocoileus virginianus leucurus).<br />
MODERN FIREARM DEER SEASONS<br />
License Required: A valid big game hunting license, which<br />
includes a deer species option.<br />
Tag Required: Valid modern firearm deer tag on his/her<br />
person for the area hunted.<br />
Hunting Method: Modern firearm deer tag hunters may use<br />
rifle, handgun, shotgun, bow or muzzleloader, but only during<br />
modern firearm seasons.<br />
Hunt Season<br />
HIGH BUCK HUNTS<br />
2012 Dates 2013 Dates 2014 Dates Game Management Units (GMUs) Legal Deer<br />
Sept. 15-25 Sept. 15-25 Sept. 15-25 Alpine Lakes, Glacier Peak, Pasayten, Olympic<br />
Peninsula, and Henry Jackson Wilderness Areas<br />
and Lake Chelan Recreation Area<br />
3 pt. min.<br />
GENERAL SEASON<br />
Western<br />
Washington<br />
Black-tailed Deer<br />
Eastern<br />
Washington<br />
White-tailed Deer<br />
Eastern<br />
Washington<br />
White-tailed Deer in<br />
GMUs 117 and 121<br />
Eastern<br />
Washington<br />
Mule Deer<br />
Oct. 13-31 Oct. 12-31 Oct. 11-31 407, 418, 426, 448, 450, 454, 460, 466, 501<br />
through 520, 524 through 556, 560, 568, 572,<br />
574, 601 through 633, 638 through 653, 658<br />
through 673, 684<br />
Any buck<br />
410, 564, Deer Areas 4013, 4926, 6014, and<br />
6020<br />
Any deer<br />
578 3 pt. min.<br />
437, 636, 654, 681 2 pt. min.<br />
Oct. 13-26 Oct. 12-25 Oct. 11-24 101, 105, 108, 111, 113, 124 Any white-tailed buck<br />
Oct. 13-21 Oct. 12-20 Oct. 11-19 203 through 284, 328, 330 through 368, 372 Any white-tailed buck<br />
Oct. 13-21 Oct. 12-20 Oct. 11-19 127 through 154, 162 through 186 White-tailed, 3 pt. min.<br />
379, 381 Any white-tailed deer<br />
Oct. 13-26 Oct. 12-25 Oct. 11-24 373 Any white-tailed deer<br />
Oct. 13-26 Oct. 12-25 Oct. 11-24 117, 121 White-tailed, 4 pt. min.<br />
Oct. 13-21 Oct. 12-20 Oct. 11-19 101 through 154, 162 through 186, 203 through<br />
284, 328, 330 through 368, 372, 379, 381<br />
Mule deer, 3 pt. min.<br />
Oct. 13-26 Oct. 12-25 Oct. 11-24 373, 382, 388 Mule deer, 3 pt. min.<br />
LATE GENERAL SEASON<br />
Western<br />
Washington<br />
Black-tailed Deer<br />
Nov. 15-18 Nov. 14-17 Nov. 13-16 407, 454, 466, 501 through 520, 524 through<br />
560, 568, 572, 601 through 633, 638 through<br />
653, 658 through 673, 684 and 699<br />
Any buck<br />
636, 654, 681 2 pt. min.<br />
Nov. 15-18 Nov. 14-17 Nov. 13-16 410, 564, Deer Areas 4013, 4926, 6014, 6020 Any deer<br />
[ 125 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Hunt Season 2012 Dates 2013 Dates 2014 Dates Game Management Units (GMUs) Legal Deer<br />
Eastern<br />
Washington<br />
White-tailed Deer<br />
Nov. 10-19 Nov. 9-19 Nov. 8-19 105, 108, 111, 113, 124 Any white-tailed buck<br />
Eastern<br />
Washington<br />
White-tailed Deer in<br />
GMUs 117 and 121<br />
Nov. 10-19 Nov. 9-19 Nov. 8-19 117, 121 White-tailed, 4 pt. min.<br />
HUNTERS 65 AND OVER, DISABLED, OR YOUTH GENERAL SEASONS<br />
Eastern<br />
Washington<br />
White-tailed Deer<br />
Eastern<br />
Washington<br />
White-tailed Deer in<br />
GMUs 117 and 121<br />
Oct. 13-26 Oct. 12-25 Oct. 11-24 124 Any white-tailed deer<br />
Oct. 18-21 Oct. 17-20 Oct. 16-19 101, 105, 108, 111, 113 Any white-tailed deer<br />
Nov. 10-19 Nov. 9-19 Nov. 8-19 Deer Area 1050 Any white-tailed deer<br />
Nov. 10-19 Nov. 9-19 Nov. 8-19 Deer Areas 1060, 1070, 1080 White-tailed, antlerless<br />
only<br />
Oct. 13-21 Oct. 12-20 Oct. 11-19 127 through 142, 145, 149, 154, ((and 172<br />
through 178,)) and Deer Area 1010<br />
ARCHERY DEER SEASONS<br />
License Required: A valid big game hunting license, which includes a deer species option.<br />
Tag Required: Valid archery deer tag on his/her person for the area hunted.<br />
Special Notes: Archery tag holders can only hunt during archery seasons with archery equipment (WAC 232-12-054).<br />
<strong>Proposed</strong> [ 126 ]<br />
White-tailed, 3 pt. min.<br />
or antlerless<br />
Oct. 18-21 Oct. 17-20 Oct. 16-19 117, 121 White-tailed, 4 pt. min.<br />
or antlerless<br />
Hunt Area 2012 Dates 2013 Dates 2014 Dates Game Management Units (GMUs) Legal Deer<br />
EARLY ARCHERY GENERAL DEER SEASONS<br />
Western<br />
Washington<br />
Black-tailed Deer<br />
Eastern<br />
Washington<br />
Mule Deer<br />
Eastern<br />
Washington<br />
White-tailed Deer<br />
Eastern<br />
Washington<br />
White-tailed Deer<br />
in GMUs 117 and<br />
121<br />
Sept. 1-28 Sept. 1-27 Sept. 1-26 407 through 426, 448, 450, 454, 466, 501, 504,<br />
505, 510, 513, 520, 554, 564, 568, 621 through<br />
633, 642 through 652, 658 through 672, 684 and<br />
699<br />
Any deer<br />
460, 503, 601, 603, 615, 618, 673 Any buck<br />
437, 636, 654, 681 2 pt. min. or antlerless<br />
578 3 pt. min.<br />
Sept. 1-23 Sept. 1-22 Sept. 1-21 516, 524, 556, 638, 653 Any deer<br />
506, 530, 550, 560, 572, 574, 602, 607, 612 Any buck<br />
Sept. 1-28 Sept. 1-27 Sept. 1-26 105 through 121, ((145,)) 166, 169, 172, 175,<br />
181, 243, 334<br />
3 pt. min.<br />
124 through 142, ((175, 181,)) 145, 186, 244<br />
through 247, 249, 250, 260, 372, 373, 379, 381,<br />
382, 388<br />
3 pt. min. or antlerless<br />
Sept. 1-23 Sept. 1-22 Sept. 1-21 149, 154, 178 3 pt. min. or antlerless<br />
Sept. 1-23 Sept. 1-22 Sept. 1-21 ((149, 154,)) 162, 163, 251, 328, 335, 336, 340,<br />
342, 346, 352, 356, 360, 364, 368<br />
3 pt. min.<br />
Sept. 1-15 Sept. 1-15 Sept. 1-15 101, 204 through 242, 248, 254, 262, 266, 269,<br />
272, 278, 284<br />
3 pt. min.<br />
Sept. 16-28 Sept. 16-27 Sept. 16-26 101, 204 through 242, 248, 254, 262, 266, 269,<br />
272, 278, 284<br />
3 pt. min. or antlerless<br />
Sept. 1-28 Sept. 1-27 Sept. 1-26 101, 105, 108, 111, 113 Any white-tailed buck<br />
Sept. 1-28 Sept. 1-27 Sept. 1-26 124, 204 through 250, 254 through 284, 373, 379,<br />
381<br />
Any white-tailed deer<br />
Sept. 1-28 Sept. 1-27 Sept. 1-26 127 through 145, 166, ((169, 172, 175,)) 181, 186 White-tailed, 3 pt. min.<br />
or antlerless<br />
Sept. 1-23 Sept. 1-22 Sept. 1-21 149, 154, 162, 163, 178 White-tailed, 3 pt. min.<br />
or antlerless<br />
Sept. 1-23 Sept. 1-22 Sept. 1-21 ((149)) 169, 172, 175 White-tailed, 3 pt. min.<br />
Sept. 1-28 Sept. 1-27 Sept. 1-26 117, 121 White-tailed, 4 pt. min.
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Hunt Area 2012 Dates 2013 Dates 2014 Dates Game Management Units (GMUs) Legal Deer<br />
LATE ARCHERY GENERAL DEER SEASONS<br />
Western<br />
Nov. 21 - Dec. 8 Nov. 27 - Dec. 8 Nov. 26 - Dec. 8 437, 636, 654, 681 2 pt. min. or antlerless<br />
Washington Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec. 466, 510 through 520, 524, 556, 638, 648, and Any deer<br />
Black-tailed Deer<br />
15<br />
699<br />
Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec.<br />
15<br />
460, 506, 530, 560, 572, 601, 607 through 618 Any buck<br />
Nov. 21 - Dec. 31 Nov. 27 - Dec. 31 Nov. 26 - Dec.<br />
31<br />
603, 624, 652 Any buck<br />
Nov. 21 - Dec. 31 Nov. 27 - Dec. 31 Nov. 26 - Dec. 407, 410, 454, 505, 564, 627, 633, 642, 660 Any deer<br />
31<br />
through 672<br />
Eastern<br />
Nov. 21-30 Nov. 21-30 Nov. 21-30 209, 215, 233, 243, 250 3 pt. min.<br />
Washington Nov. 21 - Dec. 8 Nov. 27 - Dec. 8 Nov. 26 - Dec. 8 346, 352, 364, 388, Deer Area 3682 3 pt. min.<br />
Mule Deer<br />
Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 145, 163, 178 3 pt. min. or antlerless<br />
Nov. 21 - Dec. 8 Nov. 27 - Dec. 8 Nov. 26 - Dec. 8 272, 278, 373 3 pt. min. or antlerless<br />
Dec. 9-31 Dec. 9-31 Dec. 9-31 Deer Area 1021 Antlerless only<br />
Eastern<br />
Nov. 10 - Dec. 15 Nov. 10 - Dec. 15 Nov. 10 - Dec. 101 Any white-tailed deer<br />
Washington<br />
15<br />
White-tailed Deer Nov. 25 - Dec. 15 Nov. 25 - Dec. 15 Nov. 25 - Dec.<br />
15<br />
105, 108, 124 Any white-tailed deer<br />
Nov. 25 - Dec. 15 Nov. 25 - Dec. 15 Nov. 25 - Dec. 127 White-tailed, 3 pt. min.<br />
15<br />
or antlerless<br />
Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 145, 163, 178 White-tailed, 3 pt. min.<br />
or antlerless<br />
Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec.<br />
15<br />
204, 209, 215, 233, 243, 272, 278, 373 Any white-tailed deer<br />
Eastern<br />
Nov. 25 - Dec. 9 Nov. 25 - Dec. 9 Nov. 25 - Dec. 9 117, 121 White-tailed, 4 pt. min.<br />
Washington Dec. 10-15 Dec. 10-15 Dec. 10-15 117, 121 White-tailed, 4 pt. min.<br />
White-tailed Deer<br />
in GMUs 117 and<br />
121<br />
or antlerless<br />
MUZZLELOADER DEER SEASONS<br />
License Required: A valid big game hunting license, which includes a deer species option.<br />
Tag Required: Valid muzzleloader deer tag on his/her person for the area hunted.<br />
Hunting Method: Muzzleloader only.<br />
Special Notes: Muzzleloader tag holders can only hunt during muzzleloader seasons and must hunt with muzzleloader equipment<br />
(WAC 232-12-051) or archery equipment (WAC 232-12-054).<br />
Hunt Area 2012 Dates 2013 Dates 2014 Dates Game Management Units (GMUs) Legal Deer<br />
High Buck Hunts Sept. 15-25 Sept. 15-25 Sept. 15-25 Alpine Lakes, Glacier Peak, Pasayten, Olympic<br />
Peninsula, and Henry Jackson Wilderness areas,<br />
and Lake Chelan Recreation Area<br />
3 pt. min.<br />
EARLY MUZZLELOADER GENERAL DEER SEASONS<br />
Western<br />
Sept. 29 - Oct. 7 Sept. 28 - Oct. 6 Sept. 27 - Oct. 5 407, 418, 426, 448, 450, 501, 504, 505, 506, 510, Any buck<br />
Washington<br />
513, 516, 520, 530, 554, 556, 568, 572, 574, 603,<br />
Black-tailed Deer<br />
607, 612, 615, 624, 638, 642, 648, 660, 663, 672,<br />
673, 684<br />
410, 454, 564, 627, 652, 666, Deer Areas 4926<br />
and 6020<br />
Any deer<br />
437, 636 2 pt. min.<br />
578 3 pt. min.<br />
Eastern<br />
Sept. 29 - Oct. 7 Sept. 28 - Oct. 6 Sept. 27 - Oct. 5 101, 105, 108, 111, 113, 124, 203, 204, 209, 215, White-tailed, any buck<br />
Washington<br />
231, 233, 239, 242, 243, 244, 245, 246, 248, 250,<br />
White-tailed Deer<br />
251, 260, 278, 284<br />
142, 145, 149 White-tailed, 3 pt. min.<br />
or antlerless<br />
127, 130, 133, 136, 139, ((145, 149,)) 175, 181,<br />
186<br />
White-tailed, 3 pt. min.<br />
373, 379 White-tailed, any deer<br />
[ 127 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Hunt Area 2012 Dates 2013 Dates 2014 Dates Game Management Units (GMUs) Legal Deer<br />
Sept. 29 - Oct. 7 Sept. 28 - Oct. 6 Sept. 27 - Oct. 5 117, 121 White-tailed, 4 pt. min.<br />
Eastern<br />
Washington<br />
White-tailed Deer<br />
in GMUs 117 and<br />
121<br />
Eastern<br />
Washington<br />
Mule Deer<br />
Sept. 29 - Oct. 7 Sept. 28 - Oct. 6 Sept. 27 - Oct. 5 101 through 149, 175, 181, 186, 203, 204, 209,<br />
215, 231, 233, 239, 242, 243, 244, 245, 246, 248,<br />
250, 251, 254, 260, 262, 266, 269, 272, 284, 328,<br />
330 through 342, 352 through 360, 368, 373,<br />
379, 382<br />
Mule deer, 3 pt. min.<br />
278 Mule deer, 3 pt. min. or<br />
antlerless<br />
LATE MUZZLELOADER GENERAL DEER SEASONS<br />
Western<br />
Washington<br />
Black-tailed<br />
Deer<br />
Eastern<br />
Washington<br />
White-tailed Deer<br />
Eastern<br />
Washington<br />
Mule Deer<br />
Nov. 22 - Dec. 15 Nov. 28 - Dec. 15 Nov. 27 - Dec. 15 407, 410, 454, 501, 504, 564, 627, 633, 666, 684,<br />
and Deer Areas 4926 and 6020<br />
Any deer<br />
654 2 pt. min.<br />
460, 550, 602, 651, 658 Any buck<br />
Nov. 22 - Dec. 6 Nov. 28 - Dec. 6 Nov. 27 - Dec. 6 667, 673 Any buck<br />
Dec. 7-15 Dec. 7-15 Dec. 7-15 673 Any deer<br />
Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 113 Any white-tailed buck<br />
Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 130, 133, 136, 139 White-tailed, 3 pt. min.<br />
or antlerless<br />
Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 172, 181 White-tailed, 3 pt. min.<br />
((or antlerless))<br />
Nov. 20-30 Nov. 20-30 Nov. 20-30 379, 381 Any white-tailed deer<br />
Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 130 Antlerless<br />
Nov. 20-30 Nov. 20-30 Nov. 20-30 381 3 pt. min. or antlerless<br />
Nov. 20-30 Nov. 20-30 Nov. 20-30 379, 382 3 pt. min.<br />
AMENDATORY SECTION (Amending Order 12-70, filed<br />
5/2/12, effective 6/2/12)<br />
WAC 232-28-358 2012-2014 Elk general seasons and<br />
definitions. It is unlawful to fail to comply with bag, possession,<br />
and season limits except as described below. Violations<br />
of this section are punishable under RCW 77.15.410.<br />
Bag Limit: One (1) elk per hunter during the license year,<br />
except where otherwise permitted by fish and wildlife commission<br />
rule. Any combination of seasons, tags, and permits<br />
set by the fish and wildlife commission will not exceed a<br />
maximum of two (2) elk per hunter during the license year.<br />
Hunting Method: Elk hunters must select only one of the<br />
hunting methods (modern firearm, archery, or muzzleloader).<br />
Elk Tag Areas: Elk hunters must choose either Eastern or<br />
Western Washington to hunt in and buy the appropriate tag<br />
for that area.<br />
Any Bull Elk Seasons: Open only to the taking of elk with<br />
visible antlers (bull calves are illegal).<br />
Antler Point: To qualify as an antler point, the point must be<br />
at least one inch long measured on the longest side.<br />
Branch: A branch is defined as any projection off the main<br />
antler beam that is at least one inch long, measured on the<br />
longest side, and longer than it is wide.<br />
Spike Bull Antler Restrictions: Bull elk taken in spike only<br />
GMUs must have at least one antler with no branches origi-<br />
<strong>Proposed</strong> [ 128 ]<br />
nating more than four inches above where the antler attaches<br />
to the skull.<br />
Spike Only GMUs: 145-154, 162-186, 249, and 336-368.<br />
True Spike—Bull Antler Restrictions: Bull elk taken in<br />
these units must have both antlers with no branching originating<br />
more than four inches above where the antlers attach to<br />
the skull. Under the true spike restriction, the taking of an elk<br />
that has two points on one side or has antler points within one<br />
inch of the definitions regarding length of point, or point of<br />
origination, is an infraction under RCW 7.84.030. All other<br />
types of violations of the true spike restriction are subject to<br />
current penalties and assessments under RCW 77.15.410 and<br />
77.15.420.<br />
True Spike GMUs: 251, 328-335.<br />
3 Point Antler Restrictions: Legal bull elk must have at<br />
least 3 antler points on one side with at least 2 antler points<br />
above the ear. Eye guards are antler points when they are at<br />
least one inch long. Antler restrictions apply to all hunters<br />
during any open season.<br />
3 Point GMUs: All of Western Washington except for<br />
GMUs 454, 564, 568, 574, 578, 652 for archers, 666, 684,<br />
and Elk Area 4941.<br />
Permit Only Units: The following GMUs are closed during<br />
general seasons: 157, 371, 418, 485, 522, 524, 556, 621, 636,<br />
653, and Elk Area 3068.
GMUs Closed to Elk Hunting: 437 (except for Elk Area<br />
4941) and 490.<br />
Elk Tag Areas<br />
Eastern Washington: All 100, 200, and 300 GMUs except<br />
permit only for all hunters in GMUs 157 and 371. Modern<br />
firearms are restricted in GMU 334.<br />
EA - Eastern Washington Archery Tag<br />
EF - Eastern Washington Modern Firearm General Elk Tag<br />
EM - Eastern Washington Muzzleloader Tag<br />
Western Washington: All 400, 500, and 600 GMUs except<br />
closed in GMU 437 (except for Elk Area 4941), 490, and<br />
modern firearm restrictions in portions of GMU 660. GMU<br />
554 is open only for early archery and muzzleloader seasons.<br />
Elk Area 6064 in GMU 638 (Quinault) is open to master<br />
Hunt Area<br />
Eastern<br />
Washington<br />
Western<br />
Washington<br />
Elk Tag<br />
Area<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
hunters only. Elk hunting by permit only in GMUs 418, 485,<br />
522, 524, 556, 621, and 636.<br />
WA - Western Washington Archery Tag<br />
WF - Western Washington Modern Firearm General Elk Tag<br />
WM - Western Washington Muzzleloader Tag<br />
Modern Firearm General Elk Seasons<br />
License Required: A valid big game hunting license with an<br />
elk tag option.<br />
Tag Required: Valid modern firearm elk tag as listed below<br />
on his/her person for the area hunted.<br />
Hunting Method: May use modern firearm, bow and arrow,<br />
or muzzleloader, but only during modern firearm seasons.<br />
Game Management<br />
Units (GMUs) 2012 Dates 2013 Dates 2014 Dates Legal Elk<br />
EF 101, 105, 108, 111,<br />
113, 117, 121, 204<br />
Oct. 27 - Nov. 4 Oct. 26 - Nov. 3 Oct. 25 - Nov. 2 Any bull<br />
145 through 154, 162<br />
through 186, 249, 336<br />
through 368<br />
Oct. 27 - Nov. 4 Oct. 26 - Nov. 3 Oct. 25 - Nov. 2 Spike bull<br />
251, 328, 329, 334, 335 Oct. 27 - Nov. 4 Oct. 26 - Nov. 3 Oct. 26 - Nov. 2 True spike bull<br />
Elk Area 3722* Sept. 8-23 Sept. 7-22 Sept. 6-21 Antlerless only<br />
124 through 142, 372,<br />
382, 388<br />
Oct. 27 - Nov. 4 Oct. 26 - Nov. 3 Oct. 25 - Nov. 2 Any elk<br />
203, 209 through 248,<br />
250, 254 through 290,<br />
373, 379, 381<br />
Oct. 27 - Nov. 15 Oct. 26 - Nov. 15 Oct. 25 - Nov. 15 Any elk<br />
Elk Area 2033 Sept. 4-30 Sept. 3-30 Sept. 2-30 Antlerless only<br />
Master Hunters Only:<br />
371, Elk Area 3912<br />
Aug. 1 - Jan. 20, 2013 Aug. 1 - Jan. 20, 2014 Aug. 1 - Jan. 20, 2015 Antlerless only<br />
Master Hunters Only:<br />
Elk Area 3911**<br />
Nov. 10 - Dec. 16 Nov. 9 - Dec. 15 Nov. 8 - Dec. 14 Antlerless only<br />
Master Hunters Only:<br />
Elk Area 3911** 2nd<br />
tag.<br />
Aug. 1 - Oct. 26 Aug. 1 - Oct. 25 Aug. 1 - Oct. 24 Antlerless only<br />
Master Hunters Only:<br />
127, 130<br />
Dec. 9-31 Dec. 9-31 Dec. 9-31 Antlerless only<br />
*GMU 372 and Elk Area 3722 are mainly private property, hunters are not advised to try hunting these areas without<br />
making prior arrangements for access.<br />
**Master Hunters who hunt in Elk Area 3911 may purchase a master hunter, Elk Area 3911, second elk transport tag.<br />
Only one (1) antlerless elk may be taken from Elk Area 3911 unless drawn for an antlerless elk special permit. Any legal<br />
weapon may be used. Master hunter, Elk Area 3911 second elk transport tags will be valid only for Elk Area 3911 from<br />
August 1 - October 26, 2012, August 1 - October 25, 2013, and August 1 - October 24, 2014. All hunters participating in<br />
the Elk Area 3911 hunt must wear hunter orange.<br />
WF 407, 460, 466, 503, 505<br />
through 520, 530, 550,<br />
560, 568, 572, 574,<br />
578, 601 through 618,<br />
624 (except for Elk<br />
Area 6071), 627<br />
through 633, 638<br />
through 652, 654<br />
through 684. Except<br />
master hunters only in<br />
Elk Area 6064.<br />
Nov. 3-14 Nov. 2-13 Nov. 1-12 3 pt. min.<br />
501, 504 Nov. 3-14 Nov. 2-13 Nov. 1-12 3 pt. min. or antlerless<br />
448, 564, 666 Nov. 3-14 Nov. 2-13 Nov. 1-12 Any elk<br />
454 Nov. 3-14 Nov. 2-13 Nov. 1-12 Any bull<br />
[ 129 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Archery General Elk Seasons<br />
License Required: A valid big game hunting license with an elk tag option.<br />
Tag Required: Valid archery elk tag as listed below on his/her person for the area hunted.<br />
Hunting Method: Bow and arrow only as defined under WAC 232-12-054.<br />
Special Notes: Archery tag holders can hunt only during archery seasons and must hunt with archery equipment (WAC 232-<br />
12-054). Archery elk hunters may apply for special bull permits. Please see permit table for tag eligibility for all elk permits.<br />
Elk Tag Game Management Units<br />
Hunt Area Area<br />
(GMUs) 2012 Dates 2013 Dates 2014 Dates Legal Elk<br />
Early Archery General Elk Seasons<br />
Eastern<br />
EA 101 through 142, 243, 247, Sept. 4-16 Sept. 3-15 Sept. 2-14 Any elk<br />
Washington<br />
249, 250, 373, 379, 381, 388<br />
162, 166 through 172, 186((,<br />
352, 356))<br />
Sept. 4- 16 Sept. 3-15 Sept. 2-14 Spike bull<br />
328, 329, 335 Sept. 4-16 Sept. 3-15 Sept. 2-14 True spike bull<br />
145, 149, 154, Elk Area 1010, Sept. 4- 16 Sept. 3-15 Sept. 2-14 Spike bull or<br />
Elk Area 1013, 163, 175, 178,<br />
181, 334, 336, 340, ((346,))<br />
352, 356, 364<br />
antlerless<br />
Western<br />
WA 448, 454, 564, 652, 666 Sept. 4- 16 Sept. 3-15 Sept. 2-14 Any elk<br />
Washington<br />
407, 501 through 505, 520, Sept. 4- 16 Sept. 3-15 Sept. 2-14 3 pt. min. or<br />
550, 554, 560, 568, 572, 574,<br />
578, 624, except for Elk Area<br />
6071, Elk Area 6061, 654,<br />
660, 667 through 673, 681,<br />
684, 699<br />
antlerless<br />
460, 466, 506, 510, 513, 516,<br />
530, 601, 602, 603, 607, 612<br />
through 618, 627, 633, 638<br />
through 648, 651, 658, 663.<br />
Master hunters only in Elk<br />
Area 6064.<br />
Sept. 4-16 Sept. 3-15 Sept. 2-14 3 pt. min.<br />
Late Archery General Elk Seasons<br />
Eastern<br />
EA 101, 105, 108, 117, 121, 204 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Any bull<br />
Washington<br />
124, 127, 373, 388 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Any elk<br />
178 Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 Nov. 20 - Dec. 8 Antlerless only<br />
Elk Area 1010, 163 Dec. 9 - Jan. 30, 2013 Dec. 9 - Jan. 30, 2014 Dec. 9 - Jan. 20, 2015 Antlerless only<br />
203, 209 through 248, 250,<br />
254 through 290, 379, 381.<br />
Must wear hunter orange.<br />
Oct. 21 - Nov. 15 Oct. 27 - Nov. 15 Oct. 26 - Nov. 15 Any elk<br />
Master Hunters Only: 371,<br />
Elk Area 3912. Must wear<br />
hunter orange.<br />
Aug. 1 - Jan. 20, 2013 Aug. 1 - Jan. 20, 2014 Aug. 1 - Jan. 20, 2015 Antlerless only<br />
Master Hunters Only: Elk<br />
Area 3911**. Must wear<br />
hunter orange.<br />
Nov. 10 - Dec. 16 Nov. 9 - Dec. 15 Nov. 8 - Dec. 14 Antlerless only<br />
Master Hunters Only: Elk<br />
Area 3911** 2nd tag. Must<br />
wear hunter orange.<br />
Aug. 1 - Oct. 26 Aug. 1 - Oct. 25 Aug. 1 - Oct. 24 Antlerless only<br />
Master Hunters Only: 127,<br />
130<br />
Dec. 9-31 Dec. 9-31 Antlerless only<br />
328, 334, 335 Nov. 21 - Dec. 8 Nov. 27 - Dec. 8 Nov. 26 - Dec. 8 True spike bull<br />
or antlerless<br />
336, 346, 352, 364, Elk Area Nov. 21 - Dec. 8 Nov. 27 - Dec. 8 Nov. 26 - Dec. 8 Spike bull or<br />
3681<br />
antlerless<br />
Western<br />
WA 407, 503, 505, 667, 672, 681, Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec. 15 3 pt. min. or<br />
Washington<br />
and 699. Master hunters only<br />
in Elk Area 6064 portion of<br />
GMU 638.<br />
antlerless<br />
448, 454, 564, 666 Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec. 15 Any elk<br />
603, 612, 615, 638, 648 Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec. 15 3 pt. min.<br />
506, 520, 530 Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec. 15 Antlerless only<br />
<strong>Proposed</strong> [ 130 ]
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Elk Tag Game Management Units<br />
Hunt Area Area<br />
(GMUs) 2012 Dates 2013 Dates 2014 Dates Legal Elk<br />
*GMU 372 and Elk Area 3722 are mainly private property, hunters are not advised to try hunting these areas without making<br />
prior arrangements for access.<br />
**Master Hunters who hunt in Elk Area 3911 may purchase a master hunter, Elk Area 3911, second elk transport tag. Only<br />
one (1) antlerless elk may be taken from Elk Area 3911 unless drawn for an antlerless elk special permit. Any legal weapon<br />
may be used. Master hunter, Elk Area 3911 second elk transport tags will be valid only for Elk Area 3911 from August 1 -<br />
October 26, 2012, August 1 - October 25, 2013, and August 1 - October 24, 2014. All hunters participating in the Elk Area<br />
3911 hunt must wear hunter orange.<br />
Muzzleloader General Elk Seasons<br />
License Required: A valid big game hunting license with an elk tag option.<br />
Tag Required: Valid muzzleloader elk tag as listed below on his/her person for the area hunted.<br />
Hunting Method: Muzzleloader as defined under WAC 232-12-051 or bow and arrow as defined under WAC 232-12-054.<br />
Special Notes: Muzzleloader tag holders can only hunt during the muzzleloader seasons. Only hunters with tags identified in<br />
the Special Elk Permits tables may apply for special elk permits.<br />
Elk Tag Game Management<br />
Hunt Area Area Units (GMUs) 2012 Dates 2013 Dates 2014 Dates Legal Elk<br />
Early Muzzleloader General Elk Seasons<br />
Eastern<br />
EM 101 through 121, 247 Oct. 6-12 Oct. 5-11 Oct. 4-10 Any bull<br />
Washington<br />
124 through 142, 245,<br />
250<br />
Oct. 6-12 Oct. 5-11 Oct. 4-10 Any elk<br />
172, 336 through 342,<br />
352 through 360, 368<br />
Oct. 6-12 Oct. 5-11 Oct. 4-10 Spike bull<br />
335, Elk Area 2051 Oct. 6-12 Oct. 5-11 Oct. 4-10 True spike bull<br />
Western WM 448, 454, 564, 666, 684 Oct. 6-12 Oct. 5-11 Oct. 4-10 Any elk<br />
Washington<br />
460, 513, 530, 554, 568,<br />
574, 578, 602, 603, 607,<br />
627, 633, 638 except Elk<br />
Area 6064, 642, 660,<br />
663, 672<br />
Oct. 6-12 Oct. 5-11 Oct. 4-10 3 pt. min.<br />
501, 503, 504, 652, Oct. 6-12 Oct. 5-11 Oct. 4-10 3 pt. min. or<br />
except Elk Area 6013<br />
closed to antlerless, 654,<br />
667<br />
antlerless<br />
Late Muzzleloader General Elk Seasons<br />
Eastern<br />
EM 130 through 142 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Nov. 25 - Dec. 8 Any elk<br />
Washington<br />
204 Oct. 27 - Nov. 15 Oct. 26 - Nov. 15 Oct. 25 - Nov. 15 Any bull<br />
203, 209 through 248,<br />
250, 254 through 290,<br />
373, 379, 381. Must<br />
wear hunter orange.<br />
Oct. 27 - Nov. 15 Oct. 26 - Nov. 15 Oct. 25 - Nov. 15 Any elk<br />
Master Hunters Only:<br />
371, Elk Area 3912.<br />
Must wear hunter<br />
orange.<br />
Aug. 1 - Jan. 20, 2013 Aug. 1 - Jan. 20, 2014 Aug. 1 - Jan. 20, 2015 Antlerless only<br />
Master Hunters Only:<br />
Elk Area 3911**. Must<br />
wear hunter orange.<br />
Nov. 10 - Dec. 16 Nov. 9 - Dec. 15 Nov. 8 - Dec. 14 Antlerless only<br />
Master Hunters Only:<br />
Elk Area 3911** 2nd<br />
tag. Must wear hunter<br />
orange.<br />
Aug. 1 - Oct. 26 Aug. 1 - Oct. 25 Aug. 1 - Oct. 24 Antlerless only<br />
Master Hunters Only:<br />
127, 130<br />
Dec. 9-31 Dec. 9-31 Antlerless only<br />
Western WM 501, 503, 504, 505, 652 Nov. 21 - Dec. 8 Nov. 27 - Dec. 8 Nov. 26 - Dec. 8 3 pt. min. or<br />
Washington<br />
except Elk Area 6013<br />
closed to antlerless.<br />
antlerless<br />
448, 454, 564, 666, 684 Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec. 15 Any elk<br />
568, 574, 578 Nov. 21-30 Nov. 27-30 Nov. 26-30 3 pt. min.<br />
550, 601, 618, 658, 667 Nov. 21 - Dec. 15 Nov. 27 - Dec. 15 Nov. 26 - Dec. 15 3 pt. min.<br />
[ 131 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Hunt Area<br />
Game Management<br />
Units (GMUs) 2012 Dates 2013 Dates 2014 Dates Legal Elk<br />
**Master Hunters who hunt in Elk Area 3911 may purchase a master hunter, Elk Area 3911, second elk transport tag. Any<br />
legal weapon may be used. Only one (1) antlerless elk may be taken from Elk Area 3911 unless drawn for an antlerless elk<br />
special permit. Master hunter, Elk Area 3911 second elk transport tags will be valid only for Elk Area 3911 from August 1 -<br />
October 26, 2012, August 1 - October 25, 2013, and August 1 - October 24, 2014. All hunters participating in the Elk Area<br />
3911 hunt must wear hunter orange.<br />
AMENDATORY SECTION (Amending Order 12-70, filed 5/2/12, effective 6/2/12)<br />
WAC 232-28-359 ((2012)) 2013 Deer special permits. It is unlawful to fail to comply with bag, possession, and season<br />
limits except as described below. Violations of this section are punishable under RCW 77.15.410.<br />
Deer Special Permit Hunting Seasons (Open to Permit Holders Only)<br />
Hunters must purchase a deer hunting license prior to purchase of a permit application. Hunters may only apply for permits consistent<br />
with the tag required for the hunt choice; however, Multiple Season Permit holders may apply for archery, muzzleloader,<br />
or modern firearm permit hunts. Hunters drawn for a special permit hunt must comply with weapon restrictions, dates, and other<br />
conditions listed for the hunt. Hunters drawn for a special permit designated "Any tag" under the "Weapon/Tag" restriction<br />
must use equipment consistent with the requirements of their transport tag and license.<br />
Quality<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Kelly Hill Whitetailed<br />
Buck<br />
Kelly Hill Mule Deer<br />
Buck<br />
Douglas White-tailed<br />
Buck<br />
Douglas Mule Deer<br />
Buck<br />
Aladdin White-tailed<br />
Buck<br />
Aladdin Mule Deer<br />
Buck<br />
Elk Tag<br />
Area<br />
Modern Any ((Nov. 20-24)) Oct. 26<br />
- Nov. 24<br />
White-tailed, Any buck GMU 105 5<br />
Modern Any Nov. ((10-20)) 9-24 Mule deer, 3 pt. min. GMU 105 1<br />
Modern Any ((Nov. 20-24)) Oct. 26<br />
- Nov. 24<br />
White-tailed, Any buck GMU 108 5<br />
Modern Any Nov. ((10-20)) 9-24 Mule deer, 3 pt. min. GMU 108 1<br />
Modern Any ((Nov. 20-24)) Oct. 26<br />
- Nov. 24<br />
White-tailed, Any buck GMU 111 5<br />
Modern Any Nov. ((10-20)) 9-24 Mule deer, 3 pt. min. GMU 111 1<br />
Selkirk Modern Any Nov. ((10-20)) 9-24 Mule deer, 3 pt. min. GMU 113 1<br />
49 Degrees North Modern Any ((Nov. 20-24)) Oct. 26 White-tailed, Any buck GMU 117 5<br />
White-tailed Buck<br />
- Nov. 24<br />
49 Degrees North<br />
Mule Buck<br />
Modern Any Nov. ((10-20)) 9-24 Mule deer, 3 pt. min. GMU 117 1<br />
Huckleberry White- Modern Any ((Nov. 20-24)) Oct. 26 White-tailed, Any buck GMU 121 5<br />
tailed Buck<br />
- Nov. 24<br />
Huckleberry Mule<br />
Deer Buck<br />
Modern Any Nov. ((10-20)) 9-24 Mule deer, 3 pt. min. GMU 121 1<br />
Mt. Spokane Modern Any Nov. 20-24 White-tailed, Any buck GMU 124 5<br />
Mica Peak Modern Any Nov. 20-24 White-tailed, 3 pt. min. GMU 127 5<br />
Cheney Modern Any Nov. 20-24 White-tailed, 3 pt. min. GMU 130 5<br />
Roosevelt Modern Any Nov. 20-24 White-tailed, 3 pt. min. GMU 133 5<br />
Steptoe Modern Any Nov. 20-24 White-tailed, 3 pt. min. GMU 139 5<br />
Almota Modern Any Nov. 20-24 White-tailed, 3 pt. min. GMU 142 5<br />
((Watershed Any Tag Any Oct. 1-10 3 pt. min. GMU 157 5))<br />
Dayton Modern Any Nov. 20-24 3 pt. min. GMU 162 5<br />
Tucannon Modern Any Nov. 20-24 3 pt. min. GMU 166 2<br />
Wenaha East Modern Any Nov. 7-14 Mule deer, 3 pt. min. Deer Area 1009 2<br />
Wenaha West Modern Any Nov. 7-14 Mule deer, 3 pt. min. Deer Area 1008 2<br />
Lick Creek Modern Any Nov. 20-24 3 pt. min. GMU 175 1<br />
Grande Ronde Modern Any Nov. 20-24 3 pt. min. GMU 186 1<br />
East Okanogan Modern Any Nov. 1-20 Any buck GMU 204 10<br />
Sinlahekin Modern Any Nov. 1-20 Any buck GMU 215 10<br />
Chewuch Modern Any Nov. 1-20 Any buck GMU 218 15<br />
Pearrygin Modern Any Nov. 1-20 Any buck GMU 224 15<br />
Gardner Modern Any Nov. 1-20 Any buck GMU 231 10<br />
Pogue Modern Any Nov. 1-20 Any buck GMU 233 20<br />
<strong>Proposed</strong> [ 132 ]
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Quality<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Alta Modern Any Nov. 1-20 Any buck GMU 242 10<br />
Manson Modern Any Nov. 1-20 Any buck GMU 243 10<br />
Chiwawa Modern Any Nov. 1-20 Any buck GMU 245 28<br />
Slide Ridge Modern Any Nov. 1-20 Any buck GMU 246 11<br />
Entiat Modern Any Nov. 1-20 Any buck GMU 247 25<br />
Swakane Modern Any Nov. 1-20 Any buck GMU 250 15<br />
Mission Modern Any Nov. 1-20 Any buck GMU 251 10<br />
Ritzville Modern Any Nov. 1-20 Any buck GMU 284 12<br />
Desert Modern Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Any buck GMU 290 17<br />
Desert Modern Any Nov. ((17-25)) 16-24 Any buck GMU 290 5<br />
Naneum Modern Any Nov. 12-20 Any buck GMU 328 14<br />
Quilomene Modern Any Nov. ((5)) 4-20 Any buck GMU 329 14<br />
Teanaway Modern Any Nov. 12-20 Any buck GMU 335 14<br />
L.T. Murray Modern Any Nov. ((14)) 12-20 Any buck GMUs 336, 340 5<br />
Bethel Modern Any Nov. ((5)) 4-20 Any buck GMU 360 5<br />
Cowiche Modern Any Nov. ((5)) 4-20 Any buck GMU 368 10<br />
Alkali Modern Any Nov. ((3-18)) 2-17 Any buck GMU 371 6<br />
Kahlotus Modern Any Nov. ((10-19)) 9-18 Any buck GMU 381 10<br />
Grayback Modern Any Nov. 1-20 3 pt. min. GMU 388 40<br />
Nooksack Modern Any Nov. 15-20 Any buck GMU 418 25<br />
Skagit Modern Any Nov. 15-20 Any buck GMU 426 10<br />
Sauk Modern Any Nov. 15-20 2 pt. min. GMU 437 25<br />
Stillaguamish Modern Any Nov. 15-20 Any buck GMU 448 10<br />
Snoqualmie Modern Any Nov. 15-20 Any buck GMU 460 10<br />
Green River ((Modern)) Any tag Any ((Oct. 27 - Nov. 2))<br />
Nov. 9-15<br />
Any buck GMU 485 10<br />
Lewis River Modern Any Nov. 1-((14)) 13 Any buck GMU 560 1<br />
Washougal Modern Any Nov. 1-((14)) 13 Any buck GMU 568 2<br />
Siouxon Modern Any Nov. 1-((14)) 13 Any buck GMU 572 1<br />
Wind River Modern Any Nov. ((13)) 14-20 Any buck GMU 574 40<br />
West Klickitat Modern Any Nov. ((13)) 14-20 3 pt. min. GMU 578 40<br />
Sol Duc Modern Any Nov. 1-20 Any buck GMU 607 5<br />
Wynoochee Modern Any Nov. 1-((23)) 24 Any buck GMU 648 10<br />
Satsop Modern Any Nov. 1-((23)) 24 Any buck GMU 651 10<br />
Mashel Modern Any Nov. 1-((23)) 24 2 pt. min. GMU 654 10<br />
Capitol Peak Modern Any Nov. 1-((23)) 24 Any buck GMU 663 10<br />
Skookumchuck Modern Any Nov. 1-((23)) 24 Any buck GMU 667 10<br />
Chiliwist Archery Any Nov. 21-30 Any buck GMU 239 15<br />
Entiat Archery Any Nov. 21-30 Any buck GMU 247 50<br />
Chiwawa Archery Any Dec. 1-8 Any buck GMU 245 13<br />
Slide Ridge Archery Any Dec. 1-8 Any buck GMU 246 3<br />
Desert Archery Any Nov. ((26)) 25 - Dec.<br />
((9)) 8<br />
Any buck GMU 290 29<br />
Naneum Archery Any Nov. 21 - Dec. 8 Any buck GMU 328 6<br />
Quilomene Archery Any Nov. 21 - Dec. 8 Any buck GMU 329 6<br />
Teanaway Archery Any Nov. 21 - Dec. 8 Any buck GMU 335 9<br />
L.T. Murray Archery Any Nov. 21 - Dec. 8 Any buck GMUs 336, 340 2<br />
West Klickitat Archery Any Nov. ((21-30)) 22-29 3 pt. min. GMU 578 ((100)) 75<br />
Kitsap Archery Any Nov. 1-((23)) 24 Any buck GMU 627 10<br />
Skokomish Archery Any Nov. 1-((23)) 24 2 pt. min. GMU 636 10<br />
Blue Mtns. Foothills Muzzleloader Any Nov. 24 - Dec. 8 White-tailed, 3 pt. min. GMUs 149, 154,<br />
162, 166<br />
70<br />
Alta Muzzleloader Any Nov. 25-30 Any buck GMU 242 20<br />
Chiwawa Muzzleloader Any Nov. 25-30 Any buck GMU 245 3<br />
Slide Ridge Muzzleloader Any Nov. 25-30 Any buck GMU 246 1<br />
[ 133 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Quality<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Mission Muzzleloader Any Nov. 25-30 Any buck GMU 251 15<br />
Desert Muzzleloader Any Oct. ((13-21)) 12-20 Any buck GMU 290 3<br />
Teanaway Muzzleloader Any Nov. ((7-13)) 4-11 Any buck GMU 335 2<br />
L.T. Murray Muzzleloader Any Nov. ((7-13)) 4-11 Any buck GMUs 336, 340 1<br />
Bald Mountain Muzzleloader Any Nov. ((7)) 4-20 Any buck GMUs 342, 346 2<br />
Naneum Muzzleloader Any Nov. ((7-13)) 4-11 Any buck GMU 328 2<br />
Quilomene Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6<br />
Any buck GMU 329 6<br />
West Klickitat Muzzleloader Any Dec. 1-8 3 pt. min. GMU 578 100<br />
Olympic Muzzleloader Any Nov. 1-((23)) 24 Any buck GMU 621 5<br />
Bucks<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Palouse Modern Any Nov. ((10)) 9-19 White-tailed, 3 pt. min. GMUs 127-142 750<br />
Blue Mtns. Foothills<br />
West<br />
Blue Mtns. Foothills<br />
East<br />
Modern Any Nov. 7-19 White-tailed, 3 pt. min. GMUs 149, 154,<br />
162-166<br />
Modern Any Nov. 7-19 White-tailed, 3 pt. min. GMUs 145, 172-<br />
181<br />
Mayview Any tag Any Nov. 16-19 3 pt. min. GMU 145 25<br />
Watershed Any tag Any Oct. 1-10 3 pt. min. GMU 157 5<br />
East Okanogan Modern Any Nov. 1-20 Any white-tailed buck GMU 204 50<br />
Sinlahekin Modern Any Nov. 1-20 Any white-tailed buck GMU 215 50<br />
Chewuch Modern Any Nov. 1-20 Any white-tailed buck GMU 218 15<br />
Pearrygin Modern Any Nov. 1-20 Any white-tailed buck GMU 224 15<br />
Gardner Modern Any Nov. 1-20 Any white-tailed buck GMU 231 15<br />
Pogue Modern Any Nov. 1-20 Any white-tailed buck GMU 233 20<br />
Chiliwist Modern Any Nov. 1-20 Any white-tailed buck GMU 239 15<br />
Alta Modern Any Nov. 1-20 Any white-tailed buck GMU 242 15<br />
Big Bend Archery Any Dec. 1-8 Any buck GMU 248 10<br />
Ritzville Archery Any Dec. 1-8 Any buck GMU 284 4<br />
Alkali Archery Any Sept. 1-((22)) 21 Any buck GMU 371 4<br />
((Whitcomb Archery Any Sept. 10-15 Any buck Deer Area 3071 10<br />
Paterson Archery Any Sept. 10-15 Any buck Deer Area 3072 10))<br />
Roosevelt Muzzleloader Any Sept. ((29)) 28 - Oct. ONLY 2 pt. x 2 pt. mule GMU 133 25<br />
((12)) 11<br />
deer bucks<br />
Harrington Muzzleloader Any Sept. ((29)) 28 - Oct. ONLY 2 pt. x 2 pt. mule GMU 136 25<br />
((12)) 11<br />
deer bucks<br />
Steptoe Muzzleloader Any Sept. ((29)) 28 - Oct. ONLY 2 pt. x 2 pt. mule GMU 139 25<br />
((12)) 11<br />
deer bucks<br />
Almota Muzzleloader Any Sept. ((29)) 28 - Oct. ONLY 2 pt. x 2 pt. mule GMU 142 25<br />
((12)) 11<br />
deer bucks<br />
Dayton Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((9)) 6<br />
3 pt. min. GMU 162 25<br />
Tucannon Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((9)) 6<br />
3 pt. min. GMU 166 10<br />
Wenaha Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((9)) 6<br />
3 pt. min. GMU 169 15<br />
Mountain View Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((9)) 6<br />
3 pt. min. GMU 172 15<br />
Ritzville Muzzleloader Any Nov. 25-30 Any buck GMU 284 1<br />
Alkali Muzzleloader Any Sept. ((23)) 22 - Oct.<br />
((12)) 11<br />
Any buck GMU 371 1<br />
Whitcomb Muzzleloader Any Sept. 8-13 Any buck Deer Area 3071 10<br />
Paterson Muzzleloader Any Sept. 8-13 Any buck Deer Area 3072 10<br />
Kahlotus Muzzleloader Any Sept. ((30)) 28 - Oct.<br />
((7)) 6<br />
Any buck GMU 381 20<br />
<strong>Proposed</strong> [ 134 ]<br />
110<br />
50
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Antlerless<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Mayview Modern Any Nov. 1-12 Antlerless GMU 145 35<br />
Prescott Modern Any Nov. 1-12 Antlerless GMU 149 50<br />
Blue Creek Modern Any Nov. 8-19 White-tailed, antlerless GMU 154 30<br />
Dayton Modern Any Nov. 8-19 White-tailed, antlerless GMU 162 80<br />
Ten Ten Modern Any Nov. 8-19 Antlerless Deer Area 1010 30<br />
Marengo Modern Any Nov. 1-12 White-tailed, antlerless GMU 163 50<br />
Peola Modern Any Nov. 1-12 Antlerless GMU 178 50<br />
Lincoln Modern Any Oct. ((13)) 12-31 Antlerless GMU 501 15<br />
Stella Modern Any Oct. ((13)) 12-31 Antlerless GMU 504 15<br />
Mossyrock Modern Any Oct. ((13)) 12-31 Antlerless GMU 505 30<br />
South Rainier Modern Any Oct. ((13)) 12-31 Antlerless GMU 513 10<br />
Winston Modern Any Oct. ((13)) 12-31 Antlerless GMU 520 20<br />
Lewis River Modern Any Oct. ((13)) 12-31 Antlerless GMU 560 3<br />
Siouxon Modern Any Oct. ((13)) 12-31 Antlerless GMU 572 3<br />
Wind River Modern Any Oct. ((13)) 12-31 Antlerless GMU 574 3<br />
West Klickitat Modern Any Oct. 12-31 Antlerless GMU 578 5<br />
Pysht Modern Any Oct. ((13)) 12-31 Antlerless GMU 603 15<br />
Olympic Modern Any Oct. ((13)) 12-31 Antlerless GMU 621 35<br />
Skokomish Modern Any Oct. ((13)) 12-31 Antlerless GMU 636 20<br />
Wynoochee Modern Any Oct. ((13)) 12-31 Antlerless GMU 648 110<br />
Mashel Modern Any Oct. ((13)) 12-31 Antlerless GMU 654 40<br />
North River Modern Any Oct. ((13)) 12-31 Antlerless GMU 658 35<br />
Minot Peak Modern Any Oct. ((13)) 12-31 Antlerless GMU 660 20<br />
Capitol Peak Modern Any Oct. ((13)) 12-31 Antlerless GMU 663 5<br />
Skookumchuck Modern Any Oct. ((13)) 12-31 Antlerless GMU 667 5<br />
Entiat Archery Any Nov. 21-30 Antlerless GMU 247 40<br />
Swakane Archery Any Nov. 21-30 Antlerless GMU 250 50<br />
Whitcomb Archery Any Sept. ((1-7)) 16-20 Antlerless Deer Area 3071 10<br />
Paterson Archery Any Sept. ((1-7)) 16-20 Antlerless Deer Area 3072 10<br />
Whitcomb Archery Any Sept. 23-30 Antlerless Deer Area 3071 10<br />
Paterson Archery Any Sept. 23-30 Antlerless Deer Area 3072 10<br />
Grayback Archery Any Nov. ((23)) 21 - Dec. 8 Antlerless GMU 388 100<br />
Sherman Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
White-tailed, antlerless GMU 101 40<br />
Selkirk Muzzleloader Any Nov. 25 - Dec. 8 White-tailed, antlerless GMU 113 15<br />
Prescott Muzzleloader Any Sept. 28 - Oct. 6 Antlerless GMU 149 25<br />
Couse Muzzleloader Any Nov. 20 - Dec. 8 White-tailed, antlerless GMU 181 30<br />
Whitcomb Muzzleloader Any Sept. ((16-21)) 1-7 Antlerless Deer Area 3071 10<br />
Paterson Muzzleloader Any Sept. ((16-21)) 1-7 Antlerless Deer Area 3072 10<br />
((Whitcomb Muzzleloader Any Sept. 24-30 Antlerless Deer Area 3071 10<br />
Paterson Muzzleloader Any Sept. 24-30 Antlerless Deer Area 3072 10))<br />
Mossyrock Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 505 10<br />
Stormking Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 510 5<br />
South Rainier Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 513 5<br />
Packwood Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 516 5<br />
Winston Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 520 5<br />
Coweeman Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 550 30<br />
Yale Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 554 2<br />
[ 135 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Antlerless<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Toutle Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 556 3<br />
West Klickitat Muzzleloader Any Sept. 28 - Oct. 6 Antlerless GMU 578 5<br />
Olympic Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 621 20<br />
Satsop Muzzleloader Any Nov. 22 - Dec. 15 Antlerless GMU 651 100<br />
Mashel Muzzleloader Any Nov. 22 - Dec. 15 Antlerless GMU 654 50<br />
North River Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 658 5<br />
2nd Deer<br />
Second deer permits are only valid with the purchase of a second deer license. The second deer license must be for the same tag type as the first deer license.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Colville River Any Any Sept. 1 - Dec. 31 White-tailed, antlerless Deer Area 1035 25<br />
Benge Any Any Dec. 9-31 Antlerless Deer Area 2010 30<br />
Lakeview Any Any Jan. 1-30, ((2013))<br />
2014<br />
Antlerless Deer Area 2011 ((20)) 15<br />
Methow Any Any Sept. 8 - Oct. 9 Antlerless Deer Area 2012 20<br />
North Okanogan Any Any Sept. 8 - Oct. 9 Antlerless Deer Area 2013 40<br />
Central Okanogan Any Any Sept. 8 - Oct. 9 Antlerless Deer Area 2014 50<br />
Omak Any Any Sept. 8 - Oct. 9 Antlerless Deer Area 2015 25<br />
Conconully Any Any Sept. 8 - Oct. 9 Antlerless Deer Area 2016 25<br />
High Prairie Any Any Oct. ((13-26)) 12-25 Antlerless Deer Area 3088 ((15)) 5<br />
Mt. Spokane Modern Any Oct. ((13-26)) 12-25<br />
and Nov. 10-19<br />
White-tailed, antlerless GMU 124 50<br />
Spokane North Modern Any Oct. ((13-26)) 12-25<br />
and Nov. 10-19<br />
White-tailed, antlerless Deer Area 1050 350<br />
Mica Peak Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 127 25<br />
Spokane South Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless Deer Area 1060 125<br />
Cheney Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 130 100<br />
Spokane West Modern Any Oct. ((13-21)) 12-20 Antlerless Deer Area 1070 75<br />
Roosevelt Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 133 150<br />
Harrington Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 136 150<br />
Steptoe Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 139 200<br />
Colfax Modern Any Oct. ((13-21)) 12-20 Antlerless Deer Area 1080 125<br />
Almota Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 142 150<br />
Mayview Modern Any Nov. 1-12 Antlerless GMU 145 ((50)) 35<br />
Blue Creek Modern Any Nov. 8-19 White-tailed, antlerless GMU 154 30<br />
Ten Ten Modern Any Nov. 8-19 Antlerless Deer Area 1010 30<br />
East Okanogan Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 204 75<br />
Sinlahekin Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 215 40<br />
Chewuch Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 218 10<br />
Pearrygin Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 224 10<br />
Gardner Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 231 10<br />
Pogue Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 233 10<br />
Chiliwist Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 239 10<br />
Alta Modern Any Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 242 10<br />
Big Bend Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 248 35<br />
Mission Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 251 10<br />
Mission Modern Any Nov. 1-20 Antlerless GMU 251 15<br />
St. Andrews Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 254 20<br />
Foster Creek Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 260 20<br />
Withrow Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 262 20<br />
Badger Modern Any Oct. ((13-21)) 12-20 Antlerless GMU 266 15<br />
Desert Modern Any Dec. 13-26 Antlerless GMU 290 50<br />
Kahlotus Modern Any Dec. 1-9 Antlerless GMU 381 20<br />
<strong>Proposed</strong> [ 136 ]
Washington State Register, Issue 13-03 WSR 13-03-152<br />
2nd Deer<br />
Second deer permits are only valid with the purchase of a second deer license. The second deer license must be for the same tag type as the first deer license.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
East Klickitat Modern Any Oct. ((13-26)) 12-25 Antlerless GMU 382 30<br />
Grayback Modern Any Oct. ((13-26)) 12-25 Antlerless GMU 388 20<br />
((High Prairie Modern Any Oct. 13-28 Antlerless Deer Area 3088 15))<br />
Shaw Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4004))<br />
20<br />
Nov. ((15-18)) 14-17<br />
GMU 412<br />
Lopez Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4005))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 414<br />
Orcas Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4006))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 411<br />
Decatur Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4007))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 416<br />
Blakely Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4008))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 415<br />
Cypress Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4009))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 417<br />
San Juan Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4010))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 413<br />
Camano Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4011))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 421<br />
Whidbey Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4012))<br />
100<br />
Nov. ((15-18)) 14-17<br />
GMU 420<br />
Vashon-Maury Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4013))<br />
100<br />
Nov. ((15-18)) 14-17<br />
GMU 422<br />
Guemes Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 4926))<br />
30<br />
Nov. ((15-18)) 14-17<br />
GMU 419<br />
Randle Modern Any Oct. ((13)) 12-31 Antlerless GMU 503 5<br />
Willapa Hills Modern Any Oct. ((13)) 12-31 Antlerless GMU 506 10<br />
Stormking Modern Any Oct. ((13)) 12-31 Antlerless GMU 510 15<br />
Packwood Modern Any Oct. ((13)) 12-31 Antlerless GMU 516 15<br />
Ryderwood Modern Any Oct. ((13)) 12-31 Antlerless GMU 530 10<br />
Coweeman Modern Any Oct. ((13)) 12-31 Antlerless GMU 550 10<br />
Yale Modern Any Oct. ((13)) 12-31 Antlerless GMU 554 10<br />
Washougal Modern Any Oct. ((13)) 12-31 Antlerless GMU 568 10<br />
((West Klickitat Modern Any Oct. 13-31 Antlerless GMU 578 10))<br />
Anderson Modern Any Oct. ((13)) 12-31 and Antlerless ((Deer Area 6014))<br />
40<br />
Nov. ((15-18)) 14-17<br />
GMU 655<br />
Kitsap Modern Any Oct. ((13)) 12-31 Antlerless GMU 627 10<br />
Mashel Modern Any Oct. ((13)) 12-31 Antlerless GMU 654 10<br />
North River Modern Any Oct. ((13)) 12-31 Antlerless GMU 658 15<br />
Deschutes Modern Any Oct. ((13)) 12-31 Antlerless GMU 666 40<br />
Mt. Spokane Archery Any Sept. 1-((28)) 27 and<br />
Nov. 25 - Dec. 15<br />
White-tailed, antlerless GMU 124 25<br />
Mica Peak Archery Any Sept. 1-((28)) 27 and<br />
Nov. 25 - Dec. 15<br />
White-tailed, antlerless GMU 127 25<br />
Clarkston Archery Any Nov. 20 - Dec. 31 Antlerless Deer Area 1021 30<br />
Spokane North Archery Any Sept. 1-((28)) 27 and<br />
Nov. 25 - Dec. 15<br />
White-tailed, antlerless Deer Area 1050 75<br />
Spokane South Archery Any Sept. 1-((28)) 27 and<br />
Nov. 25 - Dec. 15<br />
White-tailed, antlerless Deer Area 1060 25<br />
Shaw Archery Any Sept. 1-((28)) 27 and Antlerless ((Deer Area 4004))<br />
20<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
GMU 412<br />
Lopez Archery Any Sept. 1-((28)) 27 and Antlerless ((Deer Area 4005))<br />
20<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
GMU 414<br />
[ 137 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
2nd Deer<br />
Second deer permits are only valid with the purchase of a second deer license. The second deer license must be for the same tag type as the first deer license.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Orcas Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Decatur Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Blakely Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Cypress Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
San Juan Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Camano Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Whidbey Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Vashon-Maury Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Guemes Archery Any Sept. 1-((28)) 27 and<br />
Nov. ((21)) 27 - Dec.<br />
31<br />
Anderson Archery Any Sept. 1-((28)) 27 and<br />
Dec. 16-31<br />
<strong>Proposed</strong> [ 138 ]<br />
Antlerless ((Deer Area 4006))<br />
GMU 411<br />
Antlerless ((Deer Area 4007))<br />
GMU 416<br />
Antlerless ((Deer Area 4008))<br />
GMU 415<br />
Antlerless ((Deer Area 4009))<br />
GMU 417<br />
Antlerless ((Deer Area 4010))<br />
GMU 413<br />
Antlerless ((Deer Area 4011))<br />
GMU 421<br />
Antlerless ((Deer Area 4012))<br />
GMU 420<br />
Antlerless ((Deer Area 4013))<br />
GMU 422<br />
Antlerless ((Deer Area 4926))<br />
GMU 419<br />
Antlerless ((Deer Area 6014))<br />
GMU 655<br />
Miller Archery Any Dec. 15-30 Antlerless Deer Area 6020 40<br />
Mt. Spokane Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
White-tailed, antlerless GMU 124 25<br />
Spokane North Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6 and Dec. 9-31<br />
White-tailed, antlerless Deer Area 1050 100<br />
Cheney Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6 and Nov. 25 -<br />
Dec. 8<br />
Antlerless GMU 130 25<br />
Spokane West Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6 and Nov. 25 -<br />
Dec. 8<br />
Antlerless Deer Area 1070 25<br />
Colfax Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6 and Nov. 25 -<br />
Dec. 8<br />
Antlerless Deer Area 1080 75<br />
Roosevelt Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6 and Nov. 25 -<br />
Dec. 8<br />
Antlerless GMU 133 25<br />
Harrington Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6 and Nov. 25 -<br />
Dec. 8<br />
Antlerless GMU 136 25<br />
Mayview Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 145 ((25)) 30<br />
Chiwawa Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 245 10<br />
Swakane Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 250 5<br />
Mission Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 251 5<br />
Foster Creek Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 260 10<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
10
Washington State Register, Issue 13-03 WSR 13-03-152<br />
2nd Deer<br />
Second deer permits are only valid with the purchase of a second deer license. The second deer license must be for the same tag type as the first deer license.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Moses Coulee Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 269 10<br />
Lakeview Muzzleloader Any Nov. 1-18 Antlerless Deer Area 2011 ((10)) 5<br />
((High Prairie Muzzleloader Any Sept. 29 - Oct. 7 Antlerless Deer Area 3088 5))<br />
Shaw Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Lopez Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Orcas Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Decatur Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Blakely Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Cypress Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
San Juan Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Camano Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Whidbey Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Vashon-Maury Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Guemes Muzzleloader Any Sept. ((24)) 28 - Oct.<br />
((2)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
Antlerless ((Deer Area 4004))<br />
GMU 412<br />
Antlerless ((Deer Area 4005))<br />
GMU 414<br />
Antlerless ((Deer Area 4006))<br />
GMU 411<br />
Antlerless ((Deer Area 4007))<br />
GMU 416<br />
Antlerless ((Deer Area 4008))<br />
GMU 415<br />
Antlerless ((Deer Area 4009))<br />
GMU 417<br />
Antlerless ((Deer Area 4010))<br />
GMU 413<br />
Antlerless ((Deer Area 4011))<br />
GMU 421<br />
Antlerless ((Deer Area 4012))<br />
GMU 420<br />
Antlerless ((Deer Area 4013))<br />
GMU 422<br />
Antlerless ((Deer Area 4926))<br />
GMU 419<br />
East Klickitat Muzzleloader Any Nov. 20-30 Antlerless GMU 382 30<br />
Yale Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 554 2<br />
Washougal Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 568 10<br />
West Klickitat Muzzleloader Any Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 578 10<br />
((High Prairie Muzzleloader Any Sept. 29 - Oct. 7 Antlerless Deer Area 3088 5))<br />
Anderson Muzzleloader Any Sept. ((29)) 28 - Oct. Antlerless ((Deer Area 6014))<br />
5<br />
((7)) 6 and Nov. ((24))<br />
28 - Dec. 15<br />
GMU 655<br />
Youth<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Ferry Modern Youth Oct. ((13-26)) 12-25 Antlerless GMU 101 25<br />
Blue Mtns. Foothills<br />
West<br />
Blue Mtns. Foothills<br />
East<br />
Modern Youth Oct. ((13-21)) 12-20 Antlerless GMUs 149, 154,<br />
163, Deer Area<br />
1010<br />
Modern Youth Oct. ((13-21)) 12-20 Antlerless GMUs 145, 172-<br />
181<br />
[ 139 ] <strong>Proposed</strong><br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
20<br />
30<br />
((30)) 20<br />
Tucannon Modern Youth Oct. ((13-21)) 12-20 White-tailed, antlerless GMU 166 5<br />
East Okanogan Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 204 30
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Youth<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Wannacut Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 209 10<br />
Sinlahekin Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 215 20<br />
Chewuch Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 218 25<br />
Pearrygin Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 224 25<br />
Gardner Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 231 10<br />
Pogue Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 233 10<br />
Chiliwist Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 239 15<br />
Alta Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 242 15<br />
Chiwawa Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 245 10<br />
Entiat Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 247 10<br />
Swakane Modern Youth Nov. 1-20 Antlerless GMU 250 5<br />
Mission Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 251 15<br />
Bridgeport Modern Youth Oct. ((13-21)) 12-20 Antlerless GMUs 248, 260 20<br />
Palisades Modern Youth Oct. ((13-21)) 12-20 Antlerless GMUs 266, 269 20<br />
Benge Modern Youth Oct. 30 - Nov. 7 Antlerless Deer Area 2010 30<br />
Horse Heaven Hills Modern Youth Oct. ((13-26)) 12-25 Antlerless GMU 373 10<br />
Kahlotus Modern Youth Oct. ((13-21)) 12-20 Antlerless GMU 381 10<br />
East Klickitat Modern Youth Oct. ((13-26)) 12-25 Any buck GMU 382 5<br />
East Klickitat Modern Youth Oct. ((13-26)) 12-25 Antlerless GMU 382 20<br />
East Klickitat Modern Youth Dec. ((20)) 21 - Jan.1,<br />
((2013)) 2014<br />
Antlerless GMU 382 10<br />
East Klickitat Modern Youth Jan. ((15)) 16-31,<br />
((2013)) 2014<br />
Antlerless GMU 382 10<br />
East Klickitat Modern Youth Feb. ((10-20, 2013)) 8-<br />
18, 2014<br />
Antlerless GMU 382 10<br />
Grayback Modern Youth Oct. ((13-26)) 12-25 Any buck GMU 388 5<br />
Grayback Modern Youth Oct. ((13-26)) 12-25 Antlerless GMU 388 10<br />
Green River Modern Youth ((Oct. 27 - Nov. 2))<br />
Nov. 9-15<br />
((Any deer)) Antlerless GMU 485 5<br />
Lincoln Modern Youth Oct. ((13)) 12-31 Antlerless GMU 501 10<br />
Stella Modern Youth Oct. ((13)) 12-31 Antlerless GMU 504 10<br />
Mossyrock Modern Youth Oct. ((13)) 12-31 Antlerless GMU 505 10<br />
Stormking Modern Youth Oct. ((13)) 12-31 Antlerless GMU 510 10<br />
South Rainier Modern Youth Oct. ((13)) 12-31 Antlerless GMU 513 10<br />
Packwood Modern Youth Oct. ((13)) 12-31 Antlerless GMU 516 10<br />
Winston Modern Youth Oct. ((13)) 12-31 Antlerless GMU 520 10<br />
Yale Modern Youth Oct. ((13)) 12-31 Antlerless GMU 554 10<br />
Toutle Modern Youth Oct. ((13)) 12-31 Antlerless GMU 556 25<br />
Lewis River Modern Youth Oct. ((13)) 12-31 Antlerless GMU 560 5<br />
Washougal Modern Youth Oct. ((13)) 12-31 Antlerless GMU 568 10<br />
Siouxon Modern Youth Oct. ((13)) 12-31 Antlerless GMU 572 5<br />
Wind River Modern Youth Oct. ((13)) 12-31 Antlerless GMU 574 10<br />
West Klickitat Modern Youth Oct. ((13)) 12-31 Any buck GMU 578 5<br />
West Klickitat Modern Youth Oct. ((13)) 12-31 Antlerless GMU 578 10<br />
Skokomish Modern Youth Oct. ((6)) 5-31 Antlerless GMU 636 5<br />
Satsop Modern Youth Oct. ((6)) 5-31 Antlerless GMU 651 10<br />
Mashel Modern Youth Oct. ((6)) 5-31 Antlerless GMU 654 30<br />
North River Modern Youth Oct. ((6)) 5-31 Antlerless GMU 658 10<br />
Skookumchuck Modern Youth Oct. ((6)) 5-31 Antlerless GMU 667 35<br />
Skookumchuck Modern Youth Oct. ((6-12)) 5-11 Any buck GMU 667 20<br />
East Okanogan Muzzleloader Youth Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 204 5<br />
Wannacut Muzzleloader Youth Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 209 5<br />
Pogue Muzzleloader Youth Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 233 5<br />
<strong>Proposed</strong> [ 140 ]
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Youth<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Chiliwist Muzzleloader Youth Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 239 5<br />
Alta Muzzleloader Youth Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 242 5<br />
Mission Muzzleloader Youth Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 251 5<br />
Senior 65+<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Blue Mtns. Foothills Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMUs 145, 149,<br />
154, Deer Area<br />
1010<br />
30<br />
East Okanogan Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 204 5<br />
Wannacut Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 209 5<br />
Sinlahekin Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 215 5<br />
Chewuch Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 218 10<br />
Pearrygin Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 224 10<br />
Gardner Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 231 5<br />
Pogue Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 233 5<br />
Chiliwist Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 239 10<br />
Alta Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 242 5<br />
Chiwawa Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 245 10<br />
Entiat Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 247 10<br />
Swakane Modern 65+ Nov. 1-20 Antlerless GMU 250 10<br />
Mission Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 251 10<br />
Bridgeport Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMUs 248, 260 10<br />
Palisades Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMUs 266, 269 10<br />
Sunnyside Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 372 10<br />
Horse Heaven Hills Modern 65+ Oct. ((13-26)) 12-25 Antlerless GMU 373 10<br />
Kahlotus Modern 65+ Oct. ((13-21)) 12-20 Antlerless GMU 381 10<br />
East Klickitat Modern 65+ Oct. ((13-26)) 12-25 Antlerless GMU 382 20<br />
Grayback Modern 65+ Oct. ((13-26)) 12-25 Antlerless GMU 388 5<br />
Lincoln Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 501 5<br />
Stella Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 504 5<br />
Mossyrock Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 505 15<br />
Stormking Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 510 5<br />
South Rainier Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 513 5<br />
Packwood Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 516 5<br />
Winston Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 520 5<br />
Yale Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 554 5<br />
Toutle Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 556 10<br />
Lewis River Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 560 5<br />
Washougal Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 568 10<br />
Siouxon Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 572 5<br />
Wind River Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 574 5<br />
West Klickitat Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 578 5<br />
Copalis Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 642 20<br />
North River Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 658 10<br />
Williams Creek Modern 65+ Oct. ((13)) 12-31 Antlerless GMU 673 10<br />
Hunters with Disabilities<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
East Okanogan Modern Hunter with<br />
Disability<br />
Oct. ((13-21)) 12-20 Antlerless GMU 204 5<br />
Wannacut Modern Hunter with<br />
Disability<br />
Oct. ((13-21)) 12-20 Antlerless GMU 209 5<br />
[ 141 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Hunters with Disabilities<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Sinlahekin Modern Hunter with<br />
Disability<br />
Chewuch Modern Hunter with<br />
Disability<br />
Pearrygin Modern Hunter with<br />
Disability<br />
Gardner Modern Hunter with<br />
Disability<br />
Pogue Modern Hunter with<br />
Disability<br />
Chiliwist Modern Hunter with<br />
Disability<br />
Alta Modern Hunter with<br />
Disability<br />
Chiwawa Modern Hunter with<br />
Disability<br />
Entiat Modern Hunter with<br />
Disability<br />
Mission Modern Hunter with<br />
Disability<br />
Saint Andrews Modern Hunter with<br />
Disability<br />
Bridgeport Modern Hunter with<br />
Disability<br />
Palisades Modern Hunter with<br />
Disability<br />
Horse Heaven Hills Modern Hunter with<br />
Disability<br />
Kahlotus Modern Hunter with<br />
Disability<br />
East Klickitat Modern Hunter with<br />
Disability<br />
Grayback Modern Hunter with<br />
Disability<br />
Green River Modern Hunter with<br />
Disability<br />
Lincoln Modern Hunter with<br />
Disability<br />
Stella Modern Hunter with<br />
Disability<br />
Mossyrock Modern Hunter with<br />
Disability<br />
Stormking Modern Hunter with<br />
Disability<br />
South Rainier Modern Hunter with<br />
Disability<br />
Packwood Modern Hunter with<br />
Disability<br />
Winston Modern Hunter with<br />
Disability<br />
Yale Modern Hunter with<br />
Disability<br />
Toutle Modern Hunter with<br />
Disability<br />
Lewis River Modern Hunter with<br />
Disability<br />
Washougal Modern Hunter with<br />
Disability<br />
Siouxon Modern Hunter with<br />
Disability<br />
<strong>Proposed</strong> [ 142 ]<br />
Oct. ((13-21)) 12-20 Antlerless GMU 215 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 218 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 224 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 231 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 233 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 239 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 242 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 245 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 247 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 251 5<br />
Oct. ((13-21)) 12-20 Antlerless GMU 254 5<br />
Oct. ((13-21)) 12-20 Antlerless GMUs 248, 260 5<br />
Oct. ((13-21)) 12-20 Antlerless GMUs 266, 269 5<br />
Oct. ((13-26)) 12-25 Antlerless GMU 373 10<br />
Nov. 1-9 Antlerless GMU 381 10<br />
Oct. ((13-26)) 12-25 Antlerless GMU 382 15<br />
Oct. ((13-26)) 12-25 Antlerless GMU 388 5<br />
((Oct. 27 - Nov. 2))<br />
Nov. 9-15<br />
Antlerless GMU 485 5<br />
Oct. ((13)) 12-31 Antlerless GMU 501 ((5)) 2<br />
Oct. ((13)) 12-31 Antlerless GMU 504 ((5)) 2<br />
Oct. ((13)) 12-31 Antlerless GMU 505 ((5)) 3<br />
Oct. ((13)) 12-31 Antlerless GMU 510 ((5)) 2<br />
Oct. ((13)) 12-31 Antlerless GMU 513 ((5)) 2<br />
Oct. ((13)) 12-31 Antlerless GMU 516 ((5))2<br />
Oct. ((13)) 12-31 Antlerless GMU 520 ((5)) 2<br />
Oct. ((13)) 12-31 Antlerless GMU 554 ((5)) 2<br />
Oct. ((13)) 12-31 Antlerless GMU 556 ((5)) 3<br />
Oct. ((13)) 12-31 Antlerless GMU 560 ((5)) 1<br />
Oct. ((13)) 12-31 Antlerless GMU 568 5<br />
Oct. ((13)) 12-31 Antlerless GMU 572 ((5)) 2
Wind River Modern Hunter with<br />
Disability<br />
West Klickitat Modern Hunter with<br />
Disability<br />
Capitol Peak Modern Hunter with<br />
Disability<br />
Skookumchuck Modern Hunter with<br />
Disability<br />
North River Modern Hunter with<br />
Disability<br />
Wind River Archery Hunter with<br />
Disability<br />
West Klickitat Archery Hunter with<br />
Disability<br />
East Okanogan Muzzleloader Hunter with<br />
Disability<br />
Sinlahekin Muzzleloader Hunter with<br />
Disability<br />
Gardner Muzzleloader Hunter with<br />
Disability<br />
Chiwawa Muzzleloader Hunter with<br />
Disability<br />
Mission Muzzleloader Hunter with<br />
Disability<br />
Entiat Muzzleloader Hunter with<br />
Disability<br />
Saint Andrews Muzzleloader Hunter with<br />
Disability<br />
Bridgeport Muzzleloader Hunter with<br />
Disability<br />
Palisades Muzzleloader Hunter with<br />
Disability<br />
Capitol Peak Muzzleloader Hunter with<br />
Disability<br />
North River Muzzleloader Hunter with<br />
Disability<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Hunters with Disabilities<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Oct. ((13)) 12-31 Antlerless GMU 574 ((5)) 1<br />
Oct. ((13)) 12-31 Antlerless GMU 578 ((5)) 2<br />
Oct. ((13)) 12-31 Antlerless GMU 663 20<br />
Oct. ((13)) 5-31 Antlerless GMU 667 20<br />
Oct. ((13)) 12-31 Antlerless GMU 658 5<br />
Sept. 1-((23)) 22 Antlerless GMU 574 ((5)) 1<br />
Sept. 1-((23)) 22 Antlerless GMU 578 ((5)) 1<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Sept. ((29)) 28 - Oct.<br />
((7)) 6<br />
Antlerless GMU 204 5<br />
Antlerless GMU 215 5<br />
Antlerless GMU 231 5<br />
Antlerless GMU 245 5<br />
Antlerless GMU 251 5<br />
Antlerless GMU 247 5<br />
Antlerless GMU 254 5<br />
Antlerless GMUs 248, 260 5<br />
Antlerless GMUs 266, 269 5<br />
Antlerless GMU 663 5<br />
Antlerless GMU 658 5<br />
Master Hunter<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Republic Any/2nd deer tag<br />
required<br />
Region 1 North Any/2nd deer tag<br />
required<br />
Region 1 Central Any/2nd deer tag<br />
required<br />
Region 1 South Any/2nd deer tag<br />
required<br />
Region 2 Any/2nd deer tag<br />
required<br />
Region 3 Any/2nd deer tag<br />
required<br />
Master Hunter Sept. 1 - Dec. 31 Any deer Designated properties<br />
within Deer<br />
Area 1030<br />
Master Hunter Aug. 1, ((2012)) 2013<br />
- March 31, ((2013))<br />
2014<br />
Master Hunter Aug. 1, ((2012)) 2013<br />
- March 31, ((2013))<br />
2014<br />
Master Hunter Aug. 1, ((2012)) 2013<br />
- March 31, ((2013))<br />
2014<br />
Master Hunter Aug. 1, 2013 - March<br />
31, 2014<br />
Master Hunter Aug. 1, ((2012)) 2013<br />
- March 31, ((2013))<br />
2014<br />
Antlerless Designated Areas in<br />
Ferry, Stevens, and<br />
Pend Oreille counties<br />
Antlerless Designated Areas in<br />
Lincoln and Spokane<br />
counties<br />
Antlerless Designated Areas in<br />
Whitman, Walla<br />
Walla, Columbia,<br />
Garfield, and Asotin<br />
counties<br />
Antlerless Designated Areas in<br />
Region 2<br />
Antlerless Designated Areas in<br />
Region 3<br />
25 HC<br />
10 HC<br />
20 HC<br />
20 HC<br />
20 HC<br />
((20)) 30 HC<br />
[ 143 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Master Hunter<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Lakeview Any/2nd deer tag<br />
required<br />
Region 5 Any/2nd deer tag<br />
required<br />
Region 6 Any/2nd deer tag<br />
required<br />
AMENDATORY SECTION (Amending Order 12-70, filed 5/2/12, effective 6/2/12)<br />
WAC 232-28-360 ((2012)) 2013 Elk special permits. It is unlawful to fail to comply with bag, possession, and season limits<br />
except as described below. Violations of this section are punishable under RCW 77.15.410.<br />
Special Elk Permit Hunting Seasons (Open to Permit Holders Only)<br />
Hunters must purchase an elk hunting license prior to purchase of a permit application. Hunters may only apply for permits consistent<br />
with the tag required for the hunt choice; however, Multiple Season Permit holders may apply for Eastern or Western<br />
Washington archery, muzzleloader, or modern firearm permit hunts. Applicants must have purchased the proper tag for these<br />
hunts. The elk tag prefixes required to apply for each hunt are shown in the following table. Hunters drawn for a special permit<br />
hunt must comply with weapon restrictions, dates, and other conditions listed for the hunt. Hunters drawn for a special permit<br />
designated "Any tag" under the "Weapon/Tag" restriction must use equipment consistent with the requirements of their transport<br />
tag and license.<br />
<strong>Proposed</strong> [ 144 ]<br />
Master Hunter Dec. 9-31 Antlerless Deer Area 2011 20<br />
Master Hunter Aug. 1, ((2012)) 2013<br />
- March 31, ((2013))<br />
2014<br />
Master Hunter Aug. 1, ((2012)) 2013<br />
- March 31, ((2013))<br />
2014<br />
Antlerless Designated Areas in<br />
Region 5<br />
Antlerless Designated Areas in<br />
Region 6<br />
Hunter Education Instructor Incentive Permits<br />
- Special deer permits will be allocated through a random drawing to those hunter education instructors that qualify.<br />
- Permit hunters must use archery equipment during archery seasons, muzzleloader equipment or archery equipment during muzzleloader seasons, and<br />
any legal weapon during modern firearm seasons. Hunter orange is required during modern firearm seasons.<br />
- Except for on-line class incentive permits, qualifying hunter education instructors must be certified and have been in active status for a minimum of<br />
three consecutive years, inclusive of the year prior to the permit drawing.<br />
- Instructors who are drawn, accept a permit denoted with (*) below, and are able to participate in the hunt, will not be eligible for those specific incentive<br />
permits for a period of ten years thereafter.<br />
- Permittees may purchase a second license for use with the permit hunt only.<br />
Qualified hunter education instructors may only receive one incentive permit each year.<br />
Area Dates Restrictions GMUs Permits<br />
Region 1 All general season and per- Any white-tailed deer Any 100 series GMU EXCEPT<br />
2*<br />
mit seasons established for<br />
GMU 157<br />
Region 2 GMUs included with the per- Any white-tailed deer GMUs 204-215 2<br />
Region 2<br />
Region 2<br />
Region 3<br />
mit. Not eligible for seasons<br />
and permits for auction<br />
hunts; raffle hunts; and hunts<br />
for master hunters, youth<br />
Any deer<br />
Any deer<br />
Any deer<br />
GMUs 215-251<br />
GMU 290<br />
GMUs 335-368, 382, 388<br />
1*<br />
1*<br />
1*<br />
Region 4 hunters, hunters with disabil- Any deer Any 400 series GMU EXCEPT<br />
2<br />
ities, hunters 65 years and<br />
GMUs 485 and 490<br />
Region 5 older, unless the hunter edu- Legal buck for 500 series GMU of choice Any 500 series GMU open for a<br />
6<br />
cation instructor legally qual- or antlerless<br />
general deer hunting season or a<br />
ifies for such hunts.<br />
special deer permit hunting season<br />
Region 6 Legal buck for GMU of choice GMUs 654, 660, 672, 673, 681 1<br />
Quality<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Turnbull EA, EF, EM Any Oct. ((22)) 21 - Nov. 24 Any bull Elk Area 1015 1<br />
Prescott EF Any Sept. 24-28 Any bull GMU 149 1<br />
Prescott EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 149 4<br />
Blue Creek EF Any Sept. 24-28 Any bull GMU 154 1<br />
Blue Creek EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 154 5<br />
Watershed EA, EF, EM Any Oct. ((27)) 21 - Nov.<br />
((4)) 3<br />
Dayton EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
20 HC<br />
20 HC<br />
3 pt. min. or antlerless<br />
GMU 157 45<br />
Any bull GMU 162 26
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Quality<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Ten Ten EF Any Sept. 24-28 Any bull Elk Area 1010, GMU<br />
163<br />
Ten Ten EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Tucannon EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Wenaha West EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Wenaha East EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Mountain View EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Lick Creek EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull Elk Area 1010, GMU<br />
163<br />
12<br />
Any bull GMU 166 14<br />
Any bull Elk Area 1008 15<br />
Any bull Elk Area 1009 21<br />
Any bull GMU 172 20<br />
Any bull GMU 175 10<br />
Peola EF Any Sept. 24-28 Any bull GMU 178 1<br />
Peola EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 178 ((2)) 1<br />
Couse EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 181 ((3)) 1<br />
Mission EF Any Sept. ((17-21)) 16-20 Any bull GMU 251 1<br />
Colockum EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMUs 328, 329, 335 7<br />
Colockum EF Any Sept. ((24-28)) 23-27 Any bull GMUs 328, 329, 335 1<br />
Teanaway EF Any Sept. ((24-28)) 23-27 Any bull GMU 335 1<br />
Peaches Ridge EF Any Sept. ((24-28)) 23-27 Any bull GMUs 336, 346 1<br />
Observatory EF Any Sept. ((24-28)) 23-27 Any bull GMUs 340, 342 1<br />
Little Naches EF Any Oct. 1-((10)) 11 Any bull GMU 346 10<br />
Goose Prairie EF Any Sept. ((24-28)) 23-27 Any bull GMUs 352, 356 1<br />
Bethel EF Any Sept. ((24-28)) 23-27 Any bull GMU 360 1<br />
Rimrock EF Any Sept. ((24-28)) 23-27 Any bull GMU 364 1<br />
Cowiche EF Any Sept. ((24-28)) 23-27 Any bull GMU 368 1<br />
Nooksack WF Any Oct. 8 - Nov. 16 Any bull GMU 418 and Elk Area<br />
4941<br />
5<br />
Green River WF Any ((Nov. 12-18)) Oct. 27 -<br />
Nov. 2<br />
Any bull GMU 485 6<br />
Wahkiakum WF Any Sept. ((17)) 16-30 Any bull GMUs 506, 530 1<br />
Packwood WF Any Sept. ((17)) 16-30 Any bull GMU 516 1<br />
Toutle WF Any Sept. ((17-30)) 24-28 and<br />
Nov. ((3-14)) 2-13<br />
Any bull GMU 556 4<br />
Toutle WF Any Nov. ((3-14)) 2-13 Any bull GMU 556 ((129)) 100<br />
Lewis River WF Any Sept. ((17)) 16-30 Any bull GMU 560 2<br />
Siouxon WF Any Sept. ((17)) 16-30 Any bull GMU 572 2<br />
Carlton WF Any Sept. ((17)) 16-30 Any bull Elk Area 5057 5<br />
West Goat Rocks WF Any Sept. ((17)) 16-30 Any bull Elk Area 5058 5<br />
Mt. Adams WF Any Sept. ((17)) 16-30 Any bull Elk Area 5059 5<br />
Mudflow WF Any Nov. ((3-9)) 2-8 Any bull Elk Area 5099 5<br />
Peninsula WF Any Sept. 24-28 3 pt. min. GMUs 602, 607, 612 1<br />
Clearwater WF Any Oct. ((8-12)) 7-11 3 pt. min. GMU 615 2<br />
Matheny WF Any Oct. 1-((12)) 11 3 pt. min. GMU 618 3<br />
Quinault WF Any Sept. 16-20 3 pt. min. GMU 638 5<br />
Wynoochee WF Any Oct. ((8-12)) 7-11 3 pt. min. GMU 648 1<br />
Satsop WF Any Oct. ((8-12)) 7-11 3 pt. min. GMU 651 1<br />
Dungeness WF Any Oct. ((8-12)) 7-11 3 pt. min. Elk Area 6071 2<br />
White River WF Any Sept. ((24-28)) 23-27 Any bull GMU 653 1<br />
Prescott EA Any Sept. 1-19 Any bull GMU 149 2<br />
Blue Creek EA Any Sept. 1-19 Any bull GMU 154 3<br />
Dayton EA Any Sept. 1-19 Any bull GMU 162 14<br />
[ 145 ] <strong>Proposed</strong><br />
1
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Quality<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Ten Ten EA Any Sept. 1-19 Any bull Elk Area 1010, GMU<br />
163<br />
8<br />
Tucannon EA Any Sept. 1-19 Any bull GMU 166 8<br />
Wenaha West EA Any Sept. 1-19 Any bull Elk Area 1008 5<br />
Wenaha East EA Any Sept. 1-19 Any bull Elk Area 1009 11<br />
Mountain View EA Any Sept. 1-19 Any bull GMU 172 11<br />
Lick Creek EA Any Sept. 1-19 Any bull GMU 175 11<br />
Peola EA Any Sept. 1-19 Any bull GMU 178 1<br />
Couse EA Any Sept. 1-19 Any bull GMU 181 1<br />
Colockum EA Any Sept. ((4-16)) 3-15 Any bull GMUs 328, 329, 335 6<br />
Peaches Ridge EA Any Sept. ((4-16)) 3-15 Any bull GMUs 336, 346 101<br />
Observatory EA Any Sept. ((4-16)) 3-15 Any bull GMUs 340, 342 130<br />
Goose Prairie EA Any Sept. ((4-16)) 3-15 Any bull GMUs 352, 356 65<br />
Bethel EA Any Sept. ((4-16)) 3-15 Any bull GMU 360 29<br />
Rimrock EA Any Sept. ((4-16)) 3-15 Any bull GMU 364 97<br />
Cowiche EA Any Sept. ((4-16)) 3-15 Any bull GMU 368 19<br />
Klickitat Meadows EA Any Oct. ((11-21)) 12-20 Any bull Elk Area 3068 1<br />
Nooksack WA Any Sept. 1-23 and Dec. 1-31 Any bull GMU 418 and Elk Area<br />
4941<br />
3<br />
Toutle WA Any Sept. ((8-23)) 7-22 and<br />
Dec. 1-15<br />
Any bull GMU 556 ((80)) 50<br />
Mudflow WA Any Sept. ((5-11)) 3-9 Any bull Elk Area 5099 5<br />
((Olympic WA Any Sept. 4-16 3 pt. min. GMU 621, EXCEPT for<br />
Elk Area 6071<br />
5))<br />
White River WA Any Sept. 4-16 Any bull GMU 653 13<br />
Prescott EM Any Oct. 1-((12)) 11 Any bull GMU 149 1<br />
Blue Creek EM Any Oct. 1-((12)) 11 Any bull GMU 154 1<br />
Dayton EM Any Oct. 1-((12)) 11 Any bull GMU 162 5<br />
Ten Ten EM Any Oct. 1-((12)) 11 Any bull Elk Area 1010, GMU<br />
163<br />
6<br />
Tucannon EM Any Oct. 1-((12)) 11 Any bull GMU 166 3<br />
Wenaha West EM Any Oct. 1-((12)) 11 Any bull Elk Area 1008 3<br />
Wenaha East EM Any Oct. 1-((12)) 11 Any bull Elk Area 1009 3<br />
Mountain View EM Any Oct. 1-((12)) 11 Any bull GMU 172 8<br />
Lick Creek EM Any Oct. 1-((12)) 11 Any bull GMU 175 2<br />
Peola EM Any Oct. 1-((12)) 11 Any bull GMU 178 1<br />
Couse EM Any Oct. 1-((12)) 11 Any bull GMU 181 1<br />
Mission EM Any ((Oct. 1-10)) Sept. 30 -<br />
Oct. 9<br />
Any bull GMU 251 1<br />
Colockum EM Any Oct. 1-10 Any bull GMUs 328, 329, 335 1<br />
Peaches Ridge EM Any Oct. 1-10 Any bull GMUs 336, 346 26<br />
Observatory EM Any Oct. 1-10 Any bull GMUs 340, 342 21<br />
Goose Prairie EM Any Oct. 1-10 Any bull GMUs 352, 356 15<br />
Bethel EM Any Oct. 1-10 Any bull GMU 360 14<br />
Rimrock EM Any Oct. 1-10 Any bull GMU 364 13<br />
Cowiche EM Any Oct. 1-10 Any bull GMU 368 10<br />
Klickitat Meadows EM Any Oct. 1-10 Any bull Elk Area 3068 1<br />
Nooksack WM Any Sept. 24 - Oct. 7 and<br />
Nov. 24-30<br />
Any bull GMU 418 3<br />
Toutle WM Any Oct. ((6-12)) 5-11 Any bull GMU 556 ((28)) 20<br />
Mudflow WM Any Oct. ((6-12)) 5-11 Any bull Elk Area 5099 5<br />
Bulls<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Prescott EF Any Nov. 17-30 Any bull GMU 149 2<br />
Prescott EF Any Dec. 1-15 Any bull GMU 149 2<br />
<strong>Proposed</strong> [ 146 ]
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Bulls<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Prescott EF Any Dec. 16-31 Any bull GMU 149 2<br />
Grande Ronde EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 186 1<br />
Mission EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 251 1<br />
Teanaway EF Any Dec. 17-31 Any bull GMU 335 10<br />
Peaches Ridge EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMUs 336, 346 120<br />
Observatory EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMUs 340, 342 64<br />
Goose Prairie EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMUs 352, 356 74<br />
Bethel EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 360 63<br />
Rimrock EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 364 120<br />
Cowiche EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull GMU 368 22<br />
Alkali EF Any Oct. 12 - Nov. 1 Any bull GMU 371 10<br />
Klickitat Meadows EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Any bull Elk Area 3068 1<br />
Nooksack WF Any Oct. 8 - Nov. 18 Spike only GMU 418 and Elk Area<br />
4941<br />
6<br />
Margaret WF Any Sept. ((17)) 23-30 and<br />
Nov. ((3)) 2-14<br />
Any bull GMU 524 4<br />
Margaret WF Any Nov. ((3)) 2-14 Any bull GMU 524 ((50)) 75<br />
Upper Smith Creek WF Any Oct. ((20-16)) 19-25 Any bull Elk Area 5064 2<br />
Mount Whittier WF Any Oct. ((20-26)) 12-18 Any bull Elk Area 5065 1<br />
Olympic WF Any Nov. 3-14 3 pt. min. GMU 621, EXCEPT for<br />
Elk Area 6071<br />
20<br />
Skokomish WF Any Nov. 3-14 3 pt. min. GMU 636 3<br />
White River WF Any Nov. 3-14 Any bull GMU 653 24<br />
Grande Ronde EA Any Sept. 1-19 Any bull GMU 186 1<br />
Teanaway EA Any Nov. 21 - Dec. 8 Any bull GMU 335 8<br />
Alkali EA Any Sept. 1-((22)) 21 Any bull GMU 371 5<br />
Nooksack WA Any Sept. 1-23 and Dec. 1-31 Spike only GMU 418 and Elk Area<br />
4941<br />
3<br />
Margaret WA Any Sept. ((8-23)) 7-22 and<br />
Dec. 1-15<br />
Any bull GMU 524 ((29)) 50<br />
Upper Smith Creek WA Any Oct. ((6-12)) 5-11 Any bull Elk Area 5064 2<br />
Lewis River WA Any Nov. ((21)) 27 - Dec.<br />
((4)) 8<br />
3 pt. min. GMU 560 5<br />
Siouxon WA Any Nov. ((21)) 27 - Dec.<br />
((4)) 8<br />
3 pt. min. GMU 572 5<br />
Olympic WA Any Sept. 4-16 3 pt. min. GMU 621 EXCEPT Elk<br />
Area 6071<br />
5<br />
Skokomish WA Any Sept. 4-16 3 pt. min. GMU 636 2<br />
Grande Ronde EM Any Oct. 1-((12)) 11 Any bull GMU 186 1<br />
Teanaway EM Any Dec. 9-16 Any bull GMU 335 16<br />
Alkali EM Any Sept. ((23)) 22 - Oct.<br />
((12)) 11<br />
Any bull GMU 371 10<br />
Nooksack WM Any Sept. 24 - Oct. 7 and Spike only GMU 418 and Elk Area<br />
3<br />
Nov. 24-30<br />
4941<br />
Margaret WM Any Oct. ((6-12)) 5-11 Any bull GMU 524 ((14)) 25<br />
Upper Smith Creek WM Any Oct. ((13-19)) 12-18 Any bull Elk Area 5064 2<br />
Mount Whittier WM Any Oct. ((13-19)) 5-12 Any bull Elk Area 5065 1<br />
Yale WM Any Nov. ((21)) 27 - Dec. 15 3 pt. min. GMU 554 15<br />
[ 147 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Bulls<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Olympic WM Any Oct. 6-12 3 pt. min. GMU 621, EXCEPT for<br />
Elk Area 6071<br />
5<br />
Skokomish WM Any Oct. 6-12 3 pt. min. GMU 636 1<br />
White River WM Any Oct. 6-12 Any bull GMU 653 3<br />
Antlerless Elk<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
North Half EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Antlerless GMUs 101, 105, 204 10<br />
Stevens EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Antlerless GMUs 108, 121 10<br />
Aladdin EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Antlerless GMU 111 15<br />
Selkirk EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
Antlerless GMU 113 20<br />
49 Degrees North EF Any Oct. ((22)) 21 - Nov.<br />
((4)) 3 and Dec. 16-31<br />
Antlerless GMU 117 20<br />
Turnbull EF Any Oct. ((23-28)) 22-27 Antlerless Elk Area 1015 6<br />
Turnbull EF Any Oct. ((30)) 29 - Nov.<br />
((4)) 3<br />
Antlerless Elk Area 1015 6<br />
Turnbull EF Any Nov. ((6-11)) 5-10 Antlerless Elk Area 1015 6<br />
Mayview-Peola EF Any Oct. ((13-21)) 12-20 Antlerless GMUs 145, 178 10<br />
Mayview-Peola EF Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Antlerless GMUs 145, 178 40<br />
Blue Creek EF Any Oct. ((13-21)) 12-20 Antlerless GMU 154 10<br />
Prescott EF Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Antlerless GMU 149 20<br />
Blue Creek EF Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Antlerless GMU 154 ((25)) 20<br />
Marengo-Dayton EF Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Mountain View EF Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Dayton EF Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Lick Creek EF Any Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
<strong>Proposed</strong> [ 148 ]<br />
Antlerless GMU 163 and Elk Area<br />
1010<br />
75<br />
Antlerless Elk Area 1013 ((5)) 10<br />
Antlerless Elk Area 1016 ((40)) 25<br />
Antlerless GMU 175 15<br />
Couse EF Any Oct. ((2-12)) 1-11 Antlerless GMU 181 30<br />
Malaga EF Any Sept. ((12-22)) 11-21 Antlerless Elk Area 2032 10<br />
Malaga EF Any Nov. ((5)) 4 - Dec. 31 Antlerless Elk Area 2032 30<br />
Colockum EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMUs 328, 329 40<br />
West Bar EF Any Oct. ((27-31)) 26-30 Antlerless GMU 330 5<br />
West Bar EF Any ((Nov. 1-4)) Oct. 31 -<br />
Nov. 3<br />
Antlerless GMU 330 5<br />
Teanaway EF Any Dec. 17-31 Antlerless GMU 335 30<br />
Taneum EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 336 200<br />
Manastash EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 340 275<br />
Umtanum EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 342 250<br />
Little Naches EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 346 250<br />
Nile EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 352 20<br />
Bumping EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 356 25
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Antlerless Elk<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Bethel EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 360 20<br />
Rimrock EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 364 250<br />
Cowiche EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless GMU 368 250<br />
Alkali EF Any Oct. ((13)) 12 - Nov.<br />
((2)) 1<br />
Antlerless GMU 371 20<br />
Klickitat Meadows EF Any Oct. ((31)) 30 - Nov.<br />
((4)) 3<br />
Antlerless Elk Area 3068 5<br />
North Bend WF Any Nov. ((3-14)) 2-13 Antlerless Elk Area 4601 7<br />
Mossyrock WF Any Nov. ((3-14)) 2-13 Antlerless GMU 505 50<br />
Willapa Hills WF Any Nov. ((3-14)) 2-13 Antlerless GMU 506 35<br />
Winston WF Any Nov. ((3-14)) 2-13 Antlerless GMU 520 150<br />
Winston WF Any Jan. 1-16, ((2013)) 2014 Antlerless GMU 520 ((200)) 150<br />
Margaret WF Any Nov. ((21-30)) 19-27 and<br />
Jan. 1-16, ((2013)) 2014<br />
Antlerless GMU 524 140<br />
Ryderwood WF Any Nov. ((3-14)) 2-13 Antlerless GMU 530 100<br />
Coweeman WF Any Nov. ((3-14)) 2-13 Antlerless GMU 550 ((240)) 200<br />
Coweeman WF Any Jan. 1-16, ((2013)) 2014 Antlerless GMU 550 ((200)) 100<br />
Toutle WF Any Nov. ((21-30)) 19-27 and<br />
Jan. 1-16, ((2013)) 2014<br />
Antlerless GMU 556 ((240)) 200<br />
Lewis River WF Any Nov. ((3-14)) 2-13 Antlerless GMU 560 ((100)) 75<br />
Washougal WF Any Nov. ((3-14)) 2-13 Antlerless GMU 568 ((75)) 50<br />
Siouxon WF Any Nov. ((3-14)) 2-13 Antlerless GMU 572 ((30)) 20<br />
Wind River WF Any Nov. ((3-14)) 2-13 Antlerless GMU 574 ((75)) 50<br />
West Klickitat WF Any Nov. ((3-14)) 2-13 Antlerless GMU 578 ((150)) 100<br />
Toledo WF Any Nov. ((3-14)) 2-13 Antlerless Elk Area 5029 50<br />
Green Mt. WF Any Nov. ((3-14)) 2-13 Antlerless Elk Area 5051 10<br />
Boistfort WF Any Nov. ((3-14)) 2-13 Antlerless Elk Area 5054 75<br />
Wildwood WF Any Jan. 16-30, ((2013))<br />
2014<br />
Antlerless Elk Area 5061 50<br />
Upper Smith Creek WF Any Oct. ((20-26)) 19-25 Antlerless Elk Area 5064 4<br />
Mount Whittier WF Any Oct. ((20-26)) 12-18 Antlerless Elk Area 5065 2<br />
Mudflow WF Any Nov. ((7-13)) 2-8 Antlerless Elk Area 5099 10<br />
Raymond WF Any Dec. 16-31 Antlerless Elk Area 6010 10<br />
Raymond WF Any Jan. 1-20, ((2013)) 2014 Antlerless Elk Area 6010 5<br />
Raymond WF Any Feb. 1-28, ((2013)) 2014 Antlerless Elk Area 6010 5<br />
Puyallup WF Any Jan. 1-20, 2014 Antlerless Elk Area 6013 5<br />
North Minot WF Any Oct. 20-31 Antlerless Elk Area 6067 5<br />
Hanaford WF Any Nov. 3-14 Antlerless Elk Area 6069 5<br />
North River WF Any Nov. 6-11 Antlerless GMU 658 10<br />
Deschutes WF Any Jan. 10-20, ((2013))<br />
2014<br />
Antlerless GMU 666 10<br />
Williams Creek WF Any Nov. 6-14 Antlerless GMU 673 50<br />
Turnbull EA Any Sept. ((4-16)) 3-15 Antlerless Elk Area 1015 14<br />
Dayton EA Any Sept. 4-16 Antlerless Elk Area 1016 ((20)) 15<br />
Malaga EA Any ((Sept. 1-7)) Aug. 31 -<br />
Sept. 6<br />
Antlerless Elk Area 2032 15<br />
Colockum EA Any Sept. ((4-16)) 3-15 Antlerless GMUs 328, 329 50<br />
((Nile EA Any Sept. 4-16 Antlerless GMU 352 50<br />
Bumping EA Any Sept. 4-16 Antlerless GMU 356 50))<br />
Klickitat Meadows EA Any Oct. ((11)) 12-21 Antlerless Elk Area 3068 9<br />
Alkali EA Any Sept. 1-((22)) 21 Antlerless GMU 371 5<br />
North Bend WA Any Sept. 4-16 Antlerless Elk Area 4601 10<br />
Skagit River WA Any Sept. 4-16 Antlerless Elk Area 4941 5<br />
Skagit River WA Any Nov. 21 - Dec. 15 Antlerless Elk Area 4941 5<br />
[ 149 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Antlerless Elk<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Margaret WA Any Sept. ((8-23)) 7-22 and<br />
Dec. 1-15<br />
Antlerless GMU 524 70<br />
Toutle WA Any Sept. ((8-23)) 7-22 and<br />
Dec. 1-15<br />
Antlerless GMU 556 ((100)) 80<br />
Upper Smith Creek WA Any Oct. ((6-12)) 5-11 Antlerless Elk Area 5064 4<br />
Mudflow WA Any Sept. ((5-11)) 3-9 Antlerless Elk Area 5099 10<br />
Lewis River WA Any Nov. ((21)) 27 - Dec.<br />
((4)) 8<br />
Antlerless GMU 560 ((15)) 10<br />
Siouxon WA Any Nov. ((21)) 27 - Dec.<br />
((4)) 8<br />
Antlerless GMU 572 5<br />
Wynoochee WA Any Nov. 21 - Dec. 15 Antlerless GMU 648 150<br />
North Half EM Any Oct. ((1-7)) 5-11 Antlerless GMUs 101, 105, 204 10<br />
Stevens EM Any Oct. ((1-7)) 5-11 Antlerless GMUs 108, 121 10<br />
Aladdin EM Any Oct. ((1-7)) 5-11 Antlerless GMU 111 10<br />
Selkirk EM Any Oct. ((1-7)) 5-11 Antlerless GMU 113 10<br />
49 Degrees North EM Any Oct. ((1-7)) 5-11 and<br />
Dec. 16-31<br />
Antlerless GMU 117 20<br />
Turnbull EM Any Oct. ((6-12)) 5-11 Antlerless Elk Area 1015 9<br />
Turnbull EM Any Nov. 25 - Dec. 8 Antlerless Elk Area 1015 9<br />
Dayton EM Any Oct. ((6-12)) 5-11 Antlerless Elk Area 1016 ((25)) 15<br />
Blue Creek EM Any Dec. 9 - Jan. 20, ((2013))<br />
2014<br />
Antlerless GMU 154 ((40)) 25<br />
Mountain View EM Any Oct. ((6-12)) 5-11 Antlerless Elk Area 1013 5<br />
Lick Creek EM Any Oct. ((6-12)) 5-11 Antlerless GMU 175 10<br />
Mayview-Peola EM Any Oct. ((6-12)) 5-11 Antlerless GMUs 145, 178 20<br />
Couse EM Any Dec. 1-31 Antlerless GMU 181 ((30)) 15<br />
((Couse EM Any Jan. 1-20, 2013 Antlerless GMU 181 30))<br />
Malaga EM Any Oct. ((13-26)) 12-25 Antlerless Elk Area 2032 35<br />
Colockum EM Any Oct. ((6-12)) 5-11 Antlerless GMUs 328, 329 30<br />
West Bar EM Any Oct. ((6-12)) 5-11 Antlerless GMU 330 5<br />
Taneum EM Any Oct. ((6-12)) 5-11 Antlerless GMU 336 100<br />
Manastash EM Any Oct. ((6-12)) 5-11 Antlerless GMU 340 100<br />
Umtanum EM Any Oct. ((6-12)) 5-11 Antlerless GMU 342 250<br />
Nile EM Any Oct. ((6-12)) 5-11 Antlerless GMU 352 20<br />
Bumping EM Any Oct. ((6-12)) 5-11 Antlerless GMU 356 30<br />
Bethel EM Any Oct. ((6-12)) 5-11 Antlerless GMU 360 20<br />
Cowiche EM Any Oct. ((6-12)) 5-11 Antlerless GMU 368 250<br />
Alkali EM Any Sept. ((23)) 22 - Oct.<br />
((12)) 11<br />
Antlerless GMU 371 10<br />
Teanaway EM Any Dec. 9-16 Antlerless GMU 335 10<br />
Klickitat Meadows EM Any Oct. 1-((10)) 11 Antlerless Elk Area 3068 5<br />
North Bend WM Any Oct. ((6-12)) 5-11 Antlerless Elk Area 4601 5<br />
Skagit River WM Any Oct. 5-11 Antlerless Elk Area 4941 5<br />
Skagit River WM Any Nov. 21 - Dec. 15 Antlerless Elk Area 4941 5<br />
Stella WM Any Jan. 1-((16)) 15, ((2013))<br />
2014<br />
Antlerless GMU 504 75<br />
Toledo WM Any Dec. 8-20 Antlerless Elk Area 5029 60<br />
Mossyrock WM Any Jan. 1-((16)) 15, ((2013))<br />
2014<br />
Antlerless Elk Area 5052 ((15)) 8<br />
Boistfort WM Any Jan. 1-((16)) 15, ((2013))<br />
2014<br />
Antlerless Elk Area 5054 75<br />
Willapa Hills WM Any ((Dec. 8- 20)) Oct. 5-11 Antlerless GMU 506 15<br />
Green Mt. WM Any Jan. 1-((16)) 15, ((2013))<br />
2014<br />
Antlerless Elk Area 5051 30<br />
Wildwood WM Any Jan. 1-15, ((2013)) 2014 Antlerless Elk Area 5061 50<br />
Mudflow WM Any Oct. ((6-12)) 5-11 Antlerless Elk Area 5099 10<br />
Winston WM Any Oct. ((6-12)) 5-11 Antlerless GMU 520 90<br />
<strong>Proposed</strong> [ 150 ]
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Antlerless Elk<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Margaret WM Any Oct. ((6-12)) 5-11 Antlerless GMU 524 70<br />
Ryderwood WM Any Oct. ((6-12)) 5-11 Antlerless GMU 530 50<br />
Coweeman WM Any Nov. ((21)) 27 - Dec.<br />
((15)) 8<br />
Antlerless GMU 550 ((90)) 50<br />
Yale WM Any Oct. ((6-12)) 5-11 Antlerless GMU 554 40<br />
Yale WM Any Nov. ((21)) 27 - Dec. 15 Antlerless GMU 554 35<br />
Toutle WM Any Oct. ((6-12)) 5-11 Antlerless GMU 556 ((100)) 80<br />
Lewis River WM Any Oct. ((6-12)) 5-11 Antlerless GMU 560 ((50)) 35<br />
Washougal WM Any Nov. ((21-30)) 27 - Dec.<br />
8<br />
Antlerless GMU 568 ((50)) 35<br />
Siouxon WM Any Oct. ((6-12)) 5-11 Antlerless GMU 572 ((15)) 10<br />
Wind River WM Any Nov. ((21-30)) 27 - Dec.<br />
8<br />
Antlerless GMU 574 ((100)) 50<br />
West Klickitat WM Any Nov. ((21-30)) 27 - Dec.<br />
8<br />
Antlerless GMU 578 ((150)) 75<br />
Upper Smith Creek WM Any Oct. ((13-19)) 12-18 Antlerless Elk Area 5064 4<br />
Mount Whittier WM Any Oct. ((13-19)) 5-11 Antlerless Elk Area 5065 2<br />
((North Minot WM Any Oct. 6-12 Antlerless Elk Area 6067 10))<br />
Mashel WM Any Jan. 1-15, ((2013)) 2014 Antlerless Elk Area 6054 25<br />
North River WM Any Nov. 21 - Dec. 15 Antlerless GMU 658 20<br />
Youth - Only youth hunters may apply. Weapon must be consistent with weapon/tag restriction noted for hunt.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Dayton EF Youth Oct. 26 - Nov. 4 Antlerless GMU 162 5<br />
Lick Creek EF Youth Oct. 26 - Nov. 4 Antlerless GMU 175 5<br />
North Bend WF, WM, WA Youth Nov. 3-9 Antlerless Elk Area 4601 5<br />
Toledo WF, WM, WA Youth Aug. 1-7 Antlerless Elk Area 5029 20<br />
Mudflow WF, WM, WA Youth Nov. ((19-))25 - Dec. 1 Any bull Elk Area 5099 3<br />
Mudflow WF, WM, WA Youth Nov. ((19-))25 - Dec. 1 Antlerless Elk Area 5099 4<br />
((Dungeness WF, WM, WA Youth Oct. 1 - Dec. 31 Any bull Elk Area 6071, north of<br />
HWY 101<br />
10HC ))<br />
65+ Senior - Only hunters 65 and older may apply. Weapon must be consistent with weapon/tag restriction noted for hunt.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Aladdin EF 65+ Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Antlerless GMU 111 5<br />
Northeast EF 65+ Oct. ((27)) 26 - Nov.<br />
((4)) 3 and Dec. 16-31<br />
Antlerless GMUs 113, 117 10<br />
Prescott EF 65+ Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Antlerless GMU 149 5<br />
Blue Creek EF 65+ Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Antlerless GMU 154 5<br />
Dayton EF 65+ Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Antlerless GMUs 162, 163 ((10)) 5<br />
((Lick Creek EF 65+ Oct. 27 - Nov. 4 Antlerless GMU 175 5))<br />
Peola EF 65+ Oct. ((27)) 26 - Nov.<br />
((4)) 3<br />
Taneum EF 65+ Oct. ((31)) 30 - Nov.<br />
((11)) 10<br />
Manastash EF 65+ Oct. ((31)) 30 - Nov.<br />
((11)) 10<br />
Umtanum EF 65+ Oct. ((31)) 30 - Nov.<br />
((11)) 10<br />
Cowiche EF 65+ Oct. ((31)) 30 - Nov.<br />
((11)) 10<br />
Antlerless GMU 178 5<br />
Antlerless GMU 336 25<br />
Antlerless GMU 340 25<br />
Antlerless GMU 342 25<br />
Antlerless GMU 368 25<br />
Alkali EF 65+ Oct. ((13)) 12 - Nov.<br />
((2)) 1<br />
Antlerless GMU 371 5<br />
Margaret WF, WM, WA 65+ Nov. ((21-30)) 19-27 Antlerless GMU 524 20<br />
Toledo WF, WM, WA 65+ Aug. 15-21 Antlerless Elk Area 5029 20<br />
[ 151 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
65+ Senior - Only hunters 65 and older may apply. Weapon must be consistent with weapon/tag restriction noted for hunt.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Centralia Mine WF 65+ Jan. 5-6, ((2013)) 2014 Antlerless Elk Area 6011 4<br />
Centralia Mine WF 65+ Jan. 12-13, ((2013))<br />
2014<br />
Antlerless Elk Area 6011 4<br />
Hanaford WF, WM, WA 65+ Jan. 1-15, ((2013)) 2014 Antlerless Elk Area 6069 5<br />
Hanaford WF, WM, WA 65+ Jan. 16-30, ((2013))<br />
2014<br />
Antlerless Elk Area 6069 5<br />
Hunters with Disabilities - Only hunters with disabilities may apply. Weapon must be consistent with weapon/tag restriction noted for hunt.<br />
Hunt Name Weapon/Tag Hunters Hunt Dates Special Restrictions Boundary Permits<br />
Turnbull EF, EM, EA Hunters w/ Disabilities<br />
Oct. ((14-21)) 12-19 Antlerless Elk Area 1015 6<br />
Observatory EF, EM Hunters w/ Disabilities<br />
Little Naches EF, EM, EA Hunters w/ Disabilities<br />
Little Naches EF, EM, EA Hunters w/ Disabilities<br />
Alkali EF Hunters w/ Disabilities<br />
Corral Canyon EF, EM, EA Hunters w/ Disabilities<br />
Toledo WF, WM, WA Hunters w/ Disabilities<br />
Mudflow WF, WM, WA Hunters w/ Disabilities<br />
Mudflow WF, WM, WA Hunters w/ Disabilities<br />
Centralia Mine WF Hunters w/ Disabilities<br />
Centralia Mine WF Hunters w/ Disabilities<br />
Oct. ((22)) 21 - Nov.<br />
((4)) 3<br />
<strong>Proposed</strong> [ 152 ]<br />
Any bull GMUs 340, 342 5<br />
Oct. 1-((10)) 11 Any bull GMU 346 5<br />
Oct. ((31)) 30 - Nov.<br />
((11)) 10<br />
Antlerless GMU 346 5<br />
Oct. ((13)) 12 - Nov.<br />
((2)) 1<br />
Any bull GMU 371 5<br />
Sept. ((23-30)) 22-29 Any bull Elk Area 3721 2<br />
Aug. 8-14 Antlerless Elk Area 5029 20<br />
Oct. ((22-30)) 21-27 Antlerless Elk Area 5099 4<br />
Sept. ((17-23)) 16-22 Any bull Elk Area 5099 4<br />
Oct. 6-7 Antlerless Designated Areas in Elk<br />
Area 6011<br />
Oct. 13-14 Antlerless Designated Areas in Elk<br />
Area 6011<br />
Master Hunter - Only master hunters may apply. Weapon must be consistent with weapon/tag restriction noted for hunt. Additional weapon restrictions<br />
may be conditioned on local situation for each hunt. For those hunts ((allowing)) requiring the purchase of a second tag, only one elk may be<br />
killed in the unit under the authorization of the permit.<br />
Special Restric-<br />
Hunt Name Weapon/Tag Hunters Hunt Dates<br />
tions Boundary Permits<br />
Turnbull Any elk tag Master Hunter Dec. 10-31 Antlerless Elk Area 1015 6<br />
Region 1 North EF, EA, EM<br />
2nd elk tag required<br />
Region 1 Central EF, EA, EM<br />
2nd elk tag required<br />
Region 1 South EF, EA, EM/<br />
2nd elk tag required<br />
Region 2 Any elk tag/2nd elk<br />
tag required<br />
Fairview Any elk tag/2nd elk<br />
tag required<br />
Region 3 Any elk tag/2nd elk<br />
tag required<br />
Rattlesnake Hills Any elk tag/2nd elk<br />
tag required<br />
North Bend Any elk tag/2nd elk<br />
tag required<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Master Hunter Nov. 1 - Feb. 28,<br />
((2013)) 2014<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Master Hunter Aug. 1 - Feb. 28,<br />
((2013)) 2014<br />
Antlerless Designated areas in<br />
Ferry, Stevens, and Pend<br />
Oreille counties<br />
Antlerless Designated areas in Spokane<br />
and Lincoln counties<br />
Antlerless Designated areas in<br />
Whitman, Walla Walla,<br />
Columbia, Garfield, and<br />
Asotin counties<br />
Antlerless Designated Areas in<br />
Region 2<br />
Antlerless Designated Areas in<br />
GMUs 328-368<br />
Antlerless Designated Areas in<br />
Region 3<br />
Antlerless Designated Areas in<br />
GMU 372<br />
Master Hunter Aug. 15 - Mar. 31 Antlerless Designated Areas in Elk<br />
Area 4601<br />
((Skagit River Any elk tag/2nd tag Master Hunter Aug. 15 - Mar. 31 Antlerless Designated Areas in Elk<br />
Area 4941<br />
4<br />
4<br />
10 HC<br />
20 HC<br />
10 HC<br />
50 HC<br />
40 HC<br />
((75)) 25 HC<br />
20 HC<br />
25<br />
15))
Region 4 North Any elk tag/2nd elk<br />
tag required<br />
Region 4 South Any elk tag/2nd elk<br />
tag required<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Master Hunter - Only master hunters may apply. Weapon must be consistent with weapon/tag restriction noted for hunt. Additional weapon restrictions<br />
may be conditioned on local situation for each hunt. For those hunts ((allowing)) requiring the purchase of a second tag, only one elk may be<br />
killed in the unit under the authorization of the permit.<br />
Special Restric-<br />
Hunt Name Weapon/Tag Hunters Hunt Dates<br />
tions Boundary Permits<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Antlerless Designated Areas in<br />
Whatcom and Skagit<br />
counties<br />
Antlerless Designated Areas in<br />
King and Snohomish<br />
counties<br />
Green Mt. Any elk tag Master Hunter Jan. ((17)) 16-30, 2014 Antlerless Elk Area 5051 20<br />
Mossyrock Any elk tag Master Hunter Jan. ((17)) 16-30, 2014 Antlerless Elk Area 5052 10<br />
Pumice Plains Any elk tag Master Hunter Oct. ((13-19)) 12-18 Antlerless Elk Area 5063 2<br />
Pumice Plains Any elk tag Master Hunter Oct. ((20-26)) 19-25 Antlerless Elk Area 5063 5<br />
Toledo Any elk tag/2nd elk<br />
tag required<br />
Master Hunter Aug. 22-28 Antlerless Elk Area 5029 20<br />
Toledo Any elk tag/2nd elk<br />
tag required<br />
Master Hunter Dec. 21-31 Antlerless Elk Area 5029 50<br />
Trout Lake** Any elk tag/2nd elk<br />
tag required<br />
Master Hunter Dec. 15-31 Antlerless Elk Area 5062 3<br />
Trout Lake** Any elk tag/2nd elk<br />
tag required<br />
Trout Lake** Any elk tag/2nd elk<br />
tag required<br />
Region 5 Any western elk<br />
tag/2nd elk tag<br />
required<br />
North River Any elk tag/2nd elk<br />
tag required<br />
Master Hunter Jan. 1-((14, 2013))<br />
15, 2014<br />
Master Hunter Jan. ((15)) 16-30,<br />
((2013)) 2014<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
Master Hunter Dec. 16, ((2012)) 2013<br />
- Feb. 28, ((2013))<br />
2014<br />
((Raymond Any elk tag/2nd tag Master Hunter Oct. 1, 2012 - Mar. 31,<br />
2013<br />
Region 6 WF, WA, WM /2nd<br />
elk tag required<br />
Master Hunter Aug. 1, ((2012)) 2013 -<br />
Mar. 31, ((2013)) 2014<br />
**May only hunt on privately owned lands. Must use only archery or legal shotgun (10 or 12 gauge; slugs only).<br />
HC This is a damage hunt administered by a WDFW designated hunt coordinator. Successful applicants will be contacted on an as-needed basis to help with<br />
specific sites of elk damage on designated landowner's property. Not all successful applicants will be contacted in any given year depending on elk damage<br />
activity for that year.<br />
20 HC<br />
10 HC<br />
Antlerless Elk Area 5062 3<br />
Antlerless Elk Area 5062 3<br />
Antlerless Designated areas in<br />
Region 5<br />
Antlerless Designated Areas in<br />
GMU 658<br />
40 HC<br />
10 HC<br />
Antlerless Elk Area 6010 5 HC ))<br />
Antlerless Designated Areas in<br />
Region 6<br />
((50)) 60 HC<br />
Hunter Education Instructor Incentive Permits<br />
– Special elk permits will be allocated through a random drawing to those hunter education instructors that qualify.<br />
– Permit hunters must use archery equipment during archery seasons, muzzleloader equipment or archery equipment during muzzleloader seasons, and<br />
any legal weapon during modern firearm seasons. Hunter orange is required during modern firearm seasons.<br />
– Qualifying hunter education instructors must be certified and have been in active status for a minimum of three consecutive years, inclusive of the<br />
year prior to the permit drawing.<br />
– Instructors who are drawn, accept a permit denoted with (*) below, and are able to participate in the hunt, will not be eligible for those specific incentive<br />
permits for a period of ten years thereafter.<br />
– Permittees may purchase a second license for use with the permit hunt only.<br />
– Qualified hunter education instructors may only receive one incentive permit each year.<br />
Area Dates Restrictions GMUs Permits<br />
Region 3 All general season and permit seasons Any elk GMUs 336-368 ((2)) 1*<br />
Region 3 established for GMUs included with the Any elk GMUs 336-368 1<br />
Region 5<br />
Region 5<br />
Region 6<br />
permit. Not eligible for seasons and permits<br />
for auction hunts; raffle hunts; and hunts<br />
for master hunters, youth hunters, hunters<br />
with disabilities, hunters 65 years and<br />
older, unless the hunter education instructor<br />
legally qualifies for such hunts<br />
Any elk<br />
Any elk<br />
3 pt. min.<br />
All 500 series GMUs EXCEPT GMU 522<br />
All 500 series GMUs EXCEPT GMU 522<br />
GMUs 654, 660, 672, 673, 681<br />
((4)) 3*<br />
1<br />
1*<br />
[ 153 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
NEW SECTION<br />
WAC 232-28-622 2012-2014 Big horn sheep seasons and permit quotas. (1) It is unlawful to fail to comply with the provisions<br />
of this section. A violation of species, sex, size, number, area, season, or eligibility requirements is punishable under<br />
RCW 77.15.410, Unlawful hunting of big game—Penalty.<br />
(2) Bighorn Sheep Permit Hunts<br />
(a) Who May Apply: Anyone may apply, EXCEPT those who previously harvested a bighorn sheep in Washington state.<br />
An individual may only harvest one bighorn sheep during his or her lifetime. However, this restriction is waived for hunters who<br />
have previously harvested a bighorn sheep under a ewe-only, raffle, or auction permit, as well as for applications for an eweonly,<br />
raffle, or auction permit.<br />
(b) Bag Limit: One bighorn ram, except in designated adult ewe hunts the limit is one bighorn adult ewe.<br />
Hunt Name Permit Season<br />
Permit Hunt Boundary<br />
Description Special Restrictions Permits<br />
Vulcan Mountain Sept. 15 - Oct. 10 Sheep Unit 2 Any Legal Weapon 1<br />
Selah Butte Nov. 5-30 Sheep Unit 4 Any Legal Weapon 3<br />
Umtanum Sept. 15 - Oct. 10 Sheep Unit 5 Any Legal Weapon 2<br />
Cleman Mountain A Sept. 15 - Oct. 10 Sheep Unit 7 Any Legal Weapon 6<br />
Cleman Mountain B Nov. 5-30 Sheep Unit 7 Any Legal Weapon 6<br />
Mt. Hull A Sept. 15 - Oct. 10 Sheep Unit 10 Any Legal Weapon 1<br />
Mt. Hull B Oct. 1-10 Sheep Unit 10 Adult ewe only<br />
Any Legal Weapon<br />
1<br />
Mt. Hull Cb Oct. 1-10 Sheep Unit 10 Adult ewe only<br />
Any Legal Weapon<br />
1<br />
Lincoln Cliffs Sept. 15 - Oct. 10 Sheep Unit 12 Any Legal Weapon 1<br />
Quilomene Sept. 15 - Oct. 10 Sheep Unit 13 Any Legal Weapon 3<br />
Swakane Sept. 15 - Oct. 10 Sheep Unit 14 Any Legal Weapon 1<br />
Tieton A Sept. 15-30 Sheep Unit 15 Any Legal Weapon 3<br />
Tieton B Nov. 5-30 Sheep Unit 15 Any Legal Weapon 3<br />
Manson Nov. 5-30 Sheep Unit 16 Any Legal Weapon 2<br />
Chelan Butte Sept. 15 - Oct. 10 Sheep Unit 18 Any Legal Weapon 1<br />
Sinlahekin Sept. 15 - Oct. 10 Sheep Unit 19 Any Legal Weapon 1<br />
a Applicants must be eligible to purchase a 65 years of<br />
age or older permit application.<br />
b Applicants must be eligible to purchase a youth bighorn<br />
sheep permit application. An adult 18 years of age or older<br />
must accompany the youth hunter during the hunt.<br />
(3) Bighorn Sheep Units:<br />
(a) Sheep Unit 2 Vulcan Mountain: Permit Area:<br />
Ferry County north of the Kettle River near Curlew.<br />
(b) Sheep Unit 4 Selah Butte: Permit Area: That part<br />
of Yakima and Kittitas counties between Ellensburg and<br />
Yakima east of the Yakima River and north of Selah Creek,<br />
west of Interstate 82 and south of Interstate 90.<br />
(c) Sheep Unit 5 Umtanum: Permit Area: Those portions<br />
of Yakima and Kittitas counties west of the Yakima<br />
River, north of Wenas Creek, and east of USFS Road 1701 to<br />
Manastash Lake and its drainage; south and east along the<br />
South Fork Manastash Creek to Manastash Creek and the<br />
Yakima River.<br />
(d) Sheep Unit 7 Cleman Mountain: Permit Area:<br />
That part of Yakima County south of Wenas Creek and east<br />
of USFS Road 1701, north of Highway 410 and Highway 12<br />
and west of the Yakima River.<br />
(e) Sheep Unit 10 Mt. Hull: Permit Area: That part of<br />
Okanogan County within the following described boundary:<br />
Beginning at Oroville; then south along U.S. Highway 97 to<br />
<strong>Proposed</strong> [ 154 ]<br />
the Swanson's Mill Road (old Mt. Hull Road) near Lake<br />
Andrews; then east to the Dry Gulch Road; then north to the<br />
Oroville-Toroda Creek Road (Molson Grade Road); then<br />
west to Oroville and the point of beginning.<br />
(f) Sheep Unit 12 Lincoln Cliffs: Permit Area: That<br />
part of Lincoln County north of Highway 2.<br />
(g) Sheep Unit 13 Quilomene: Permit Area: GMUs<br />
329, 330, and 251 south of Colockum Creek.<br />
(h) Sheep Unit 14 Swakane: Permit Area: GMU 250.<br />
(i) Sheep Unit 15 Tieton: Permit Area: GMU 360.<br />
(j) Sheep Unit 16 Manson: Permit Area: Beginning at<br />
the mouth of Granite Falls Creek on the south shore of Lake<br />
Chelan, E across Lake Chelan to Willow Point; NW along the<br />
shoreline of Lake Chelan to the mouth of Stink Creek; E<br />
along Stink Creek to the intersection with Green's Landing<br />
Road; along Green's Landing Road to Manson Boulevard; E<br />
on Manson Boulevard to Lower Joe Creek Road; NE on<br />
Lower Joe Creek Road to Grade Creek Road; NE on Grade<br />
Creek Road to US Forest Service Road 8210; NE on US Forest<br />
Service Road 8210 to intersection with US Forest Service<br />
Road 8020; W on US Forest Service Road 8020 to Fox Peak;<br />
NW along Sawtooth Ridge (Chelan-Okanogan County Line)<br />
to the Lake Chelan National Recreation Area boundary; S<br />
along the Lake Chelan National Recreation Area boundary to<br />
shore line of Lake Chelan; W across Lake Chelan to the
mouth of Riddle Creek on the South Shore; SE along South<br />
Shore of Lake Chelan to the point of beginning.<br />
(k) Sheep Unit 18 Chelan Butte: Permit Area: Beginning<br />
at the intersection of State Hwy 971 and US Hwy 97A,<br />
S to the W shoreline of the Columbia River, N along the W<br />
shoreline of the Columbia River for 21 miles to the mouth of<br />
Antione Creek, W up Antione Creek to where it crosses<br />
Apple Acres Rd, W on Apple Acres Rd to the intersection<br />
with Washington Creek Rd (US Forest Service Rd 8135), N<br />
on Washington Creek Rd to its end and then follow Washington<br />
Creek, W on Washington Creek to where it crosses US<br />
Forest Service Rd 8010, S on US Forest Service Rd 8010<br />
(transitions into Purtteman Creek Rd) to Purtteman Gulch, S<br />
into Purtteman Gulch to the N shoreline of Lake Chelan, S<br />
along the shoreline to the S shoreline of Lake Chelan to the<br />
mouth of First Creek, S up First Creek to the intersection of<br />
State Hwy 971 (Navarre Coulee Rd), S on State Hwy 971 to<br />
the point of beginning.<br />
(l) Sheep Unit 19 Sinlahekin: Beginning at the eastern<br />
boundary of the Pasayten Wilderness border and the US-<br />
Canadian border; E on the US-Canadian border to the border<br />
station on Similkameen Rd (Co. Rd 4568); SE on the<br />
Similkameen Rd (Co. Rd 4568) to the Loomis-Oroville Rd<br />
(Co. Rd 9425); E on the Loomis-Oroville Rd (Co. Rd 9425)<br />
to US Hwy 97 in Oroville; S on US Hwy 97 to 12th Ave; W<br />
on 12th Ave (it curves S and changes to Old Highway 97); S<br />
on Old Highway 97 to US Hwy 97; S on US Hwy 97 to the<br />
South Pine Creek Rd (Co. Rd 9410); W on the South Pine<br />
Creek Rd (Co. Rd 9410) to Fish Lake Rd (Co. Rd 4290); W<br />
on Fish Lake Rd (Co. Rd 4290) to South Fish Lake Rd (Co.<br />
Rd 4282), along the south shore of Fish Lake; SW on South<br />
Fish Lake Rd (Co. Rd 4282), to the Sinlahekin Rd (Co. Rd<br />
4015); SW on the Sinlahekin Rd (Co. Rd 4015), along the<br />
north shore of Conconully Lake, to the Salmon Creek North<br />
Fork Rd (Co. Rd 2361), at the town of Conconully; N on US<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Forest Service Rd 38 (Salmon Creek North Fork Rd, Co. Rd<br />
2361) to US Forest Service Rd 3820; N on US Forest Service<br />
Rd 3820 over Lone Frank Pass, to US Forest Service Rd 39;<br />
N on US Forest Service Rd 39 to the US Forest Service Rd<br />
300 at Long Swamp trailhead; W on the US Forest Service<br />
Rd 300 to US Forest Service Trail 342; N on US Forest Service<br />
Trail 342 to US Forest Service Trail 343; E on US Forest<br />
Service Trail 343 to US Forest Service Trail 341; E on US<br />
Forest Service Trail 341 to US Forest Service Trail 375; E on<br />
US Forest Service Trail 375 to the eastern boundary of the<br />
Pasayten Wilderness Area; N on the Pasayten Wilderness<br />
Area boundary to the US-Canadian border and the point of<br />
beginning.<br />
NEW SECTION<br />
WAC 232-28-623 2012-2014 Mountain goat seasons<br />
and permit quotas. (1) Hunters must comply with the provisions<br />
of this section. A violation of species, sex, size, number,<br />
area, season, or eligibility requirements is punishable<br />
under RCW 77.15.410, Unlawful hunting of big game—Penalty.<br />
(2) Mountain Goat Permit Hunts<br />
(a) Who May Apply: Anyone may apply, except those<br />
who harvested a mountain goat in Washington state after<br />
1998. An individual may only harvest one mountain goat<br />
during his or her lifetime, except for those who harvested a<br />
goat prior to 1999. This restriction is also waived for hunters<br />
who have previously harvested a goat under a raffle and/or<br />
auction permit, as well as for applications for a raffle and/or<br />
auction permit.<br />
(b) Bag Limit: One (1) adult goat of either sex with<br />
horns 4 inches or longer. WDFW urges hunters to refrain<br />
from shooting nannies.<br />
Goat Hunt Area Name<br />
(Number) Permit Seasonb Subhunt Units (may be<br />
opened or closed by the<br />
director) a Special Restrictions Permitsa Chowder Ridge (4-3) Sept. 15 - Oct. 31 Any Legal Weapon 1<br />
Lincoln Peak (4-4) Sept. 15 - Oct. 31 Any Legal Weapon 1<br />
Dillard Creek (4-6) Sept. 15 - Oct. 31 Any Legal Weapon 0<br />
Avalanche Gorge (4-7) Sept. 15 - Oct. 31 Any Legal Weapon 2<br />
North Lake Chelan (2-1) Sept. 15 - Oct. 31 Skookum Pass Mtn., Big<br />
Goat Creek<br />
Any Legal Weapon 2<br />
Naches Pass (3-6) Sept. 15 - Oct. 31 Fife's East, Fife's Peak,<br />
Crystal Mountain, Basin<br />
Lake<br />
Any Legal Weapon 1<br />
Bumping River (3-7) Sept. 15 - Oct. 31 Nelson Ridge, Cash Prairie,<br />
American Ridge, American<br />
Lake, Timber Wolf, Russell<br />
Ridge<br />
Any Legal Weapon 1<br />
Blazed Ridge (3-10) Sept. 15 - Oct. 31 Blowout Mtn., Blazed<br />
Ridge, Blazed North, Milk<br />
Creek, Rock Creek<br />
Any Legal Weapon 1<br />
[ 155 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
Goat Hunt Area Name<br />
(Number) Permit Season<br />
Goat Rocks-Tieton River (5- Sept. 15 - Oct. 31 Chimney Rocks, Goat Any Legal Weapon 3<br />
4/3-9)<br />
Lake, McCall Glacier, Gilbert<br />
Peak<br />
Methow (2-2) Sept. 15 - Oct. 31 Wolf Creek, West Fork<br />
Methow<br />
Any Legal Weapon 1<br />
South Lake Chelan (2-3) Sept. 15 - Oct. 31 Railroad Creek, Pyramid<br />
Mountain, Box Canyon<br />
Any Legal Weapon 1<br />
b<br />
Subhunt Units (may be<br />
opened or closed by the<br />
director) a Special Restrictions Permitsa (3) Mountain Goat Hunt Area Descriptions. The following<br />
areas are defined as mountain goat hunt areas:<br />
Chowder Ridge 4-3:<br />
Hunt Area: Whatcom County within the following described<br />
boundary: Beginning at the confluence of Wells Creek with<br />
the North Fork Nooksack River; then up Wells Creek to the<br />
confluence with Bar Creek; then up Bar Creek to the Mazama<br />
Glacier; then SW on Mazama Glacier to the summit of Mount<br />
Baker; then NW between Roosevelt Glacier and Coleman<br />
Glacier to the headwaters of Kulshan Creek; then down<br />
Kulshan Creek to the confluence with Grouse Creek; then<br />
down Grouse Creek to the confluence with Glacier Creek;<br />
then down Glacier Creek to the confluence with the North<br />
Fork Nooksack River; then up the North Fork Nooksack<br />
River to Wells Creek and the point of beginning.<br />
Lincoln Peak 4-4<br />
Hunt Area: Whatcom County within the following described<br />
boundary: Beginning at the confluence of Glacier Creek and<br />
the North Fork Nooksack River; then up Glacier Creek to the<br />
confluence with Grouse Creek; then up Grouse Creek to the<br />
confluence with Kulshan Creek; then up Kulshan Creek to<br />
headwaters; then SE between Coleman and Roosevelt glaciers<br />
to the summit of Mount Baker; then SW on Easton Glacier<br />
to Baker Pass; then W on the Bell Pass Trail (USFS Trail<br />
603.3) to the intersection with Ridley Creek Trail (Trail No.<br />
696); then W on Ridley Creek Trail to Ridley Creek; then<br />
down Ridley Creek to the Middle Fork Nooksack River; then<br />
down the Middle Fork Nooksack River to the confluence<br />
with Clearwater Creek, then up Clearwater Creek to the confluence<br />
with Rocky Creek, then up Rocky Creek to the Washington<br />
DNR boundary; then along the National Forest-Washington<br />
DNR boundary to Hedrick Creek; then down Hedrick<br />
Creek to the North Fork Nooksack River; then up the North<br />
Fork Nooksack River to Glacier Creek and the point of beginning.<br />
Dillard Creek 4-6<br />
Hunt Area: Whatcom County within the following described<br />
boundary: Beginning on Baker Lake Road and Rocky Creek;<br />
then NW up Rocky Creek to its intersection with the Park<br />
Butte Trail (Trail No. 603); then NW on Park Butte Trail to<br />
its intersection with the Bell Pass Trail (Trail No. 603.3); then<br />
N on Bell Pass Trail to Baker Pass; then N onto Easton Glacier<br />
and NE to the summit of Mount Baker; then NE and SE<br />
on Park Glacier to headwaters of Park Creek; then down Park<br />
Creek to Baker Lake Road; then SW on Baker Lake Road to<br />
Rocky Creek and the point of beginning.<br />
<strong>Proposed</strong> [ 156 ]<br />
Avalanche Gorge 4-7<br />
Hunt Area: Whatcom County within the following described<br />
boundary: Beginning on Baker Lake Road and Park Creek;<br />
then up Park Creek to headwaters and beginning of Park Glacier;<br />
then NW and SW on Park Glacier to Mount Baker summit;<br />
then N on the Mazama Glacier to Bar Creek, then down<br />
Bar Creek to the confluence with Wells Creek; then SE up<br />
Wells Creek to its headwaters; then E about 1 mile to an<br />
unnamed peak (indicated elevation 5,831 ft, just W of Ptarmigan<br />
Ridge Trail (Trail No. 682.1) (See referenced 1:24k<br />
USGS quad map - Shuksan Arm)); then NE to the headwaters<br />
of the first tributary of Swift Creek encountered; then SE<br />
down said unnamed tributary to the confluence with Swift<br />
Creek; then down Swift Creek to the Baker Lake Road<br />
(USFS Road 394); then SW along the Baker Lake Road to<br />
Park Creek and point of beginning. (Refer to 1:24k USGS<br />
quad map - Shuksan Arm).<br />
Chelan North 2-1<br />
Permit Area: Beginning at the mouth of Fish Creek on Lake<br />
Chelan (Moore Point); then northeast up Fish Creek and<br />
USFS trail 1259 to the Sawtooth crest near Deephole Spring;<br />
then southeast along the Sawtooth crest, which separates<br />
Chelan and Okanogan counties, to Horsethief Basin and the<br />
headwaters of Safety Harbor Creek; then south along Safety<br />
Harbor Creek to Lake Chelan, then northwest along the north<br />
shore of Lake Chelan to the mouth of Fish Creek at Moore<br />
Point and the point of beginning.<br />
Methow 2-2<br />
Permit Area: Okanogan County within following described<br />
boundary: Begin at Twisp, W along Twisp River Rd (County<br />
Rd 4440) to Roads End; W up Twisp Pass Trail 432 to Twisp<br />
Pass and Okanogan County line; N on Okanogan County line<br />
through Washington Pass to Harts Pass; SE down Harts Pass<br />
(Rd 5400) to Lost River; along Lost River-Mazama Rd to<br />
Mazama; SW to State Hwy 20; SE on State Hwy 20 to Twisp<br />
and point of beginning.<br />
South Lake Chelan 2-3<br />
Permit Area: GMU 246<br />
Naches Pass 3-6<br />
Permit Area - Naches: Yakima and Kittitas counties within<br />
the following described boundary: Beginning at Chinook<br />
Pass; then north along the Pacific Crest Trail to Naches Pass;<br />
then east to USFS Road 19 and continuing to State Highway<br />
410; then west along State Highway 410 to Chinook Pass and<br />
point of beginning.
Bumping River 3-7<br />
Permit Area: Beginning on US Forest Service Trail 2000<br />
(Pacific Crest Trail) and SR 410 at Chinook Pass; NE on SR<br />
410 to US Forest Service Rd 1800 (Bumping Lake Rd); SW<br />
on the US Forest Service Rd 1800 (Bumping Lake Rd) to US<br />
Forest Service Trail 973 (Richmond Mine Rd); SE on US<br />
Forest Service Trail 973 (Richmond Mine Rd) to the north<br />
fork of Rattlesnake Creek; SE down the north fork of Rattlesnake<br />
Creek to US Forest Service Rd 1502 (McDaniel Lake<br />
Rd); SE on US Forest Service Rd 1502 (McDaniel Lake Rd)<br />
to US Forest Service Rd 1500; S on US Forest Service Rd<br />
1500 to US Hwy 12; W on US Hwy 12 to US Forest Service<br />
Trail 2000 (Pacific Crest Trail) at White Pass; N on the US<br />
Forest Service Trail 2000 (Pacific Crest Trail) to SR 410 at<br />
Chinook Pass and the point of beginning. (Lands within the<br />
boundary of Mt. Rainier National Park along the Pacific<br />
Crest Trail are not open to hunting.)<br />
Blazed Ridge 3-10<br />
Permit Area: Kittitas and Yakima counties within the following<br />
described boundary: Beginning at the mouth of Cabin<br />
Creek on the Yakima River; then west along Cabin Creek to<br />
the headwaters near Snowshoe Butte; then south along the<br />
Cascade Crest separating the Green and Yakima river drainage<br />
to Pyramid Peak; then southeast along the North Fork,<br />
Little Naches, and Naches River to the Yakima River; then<br />
north along the Yakima River to the mouth of Cabin Creek<br />
and point of beginning.<br />
Goat Rocks 5-4/Tieton River 3-9<br />
Permit Area - Goat Rocks: Lewis County south of the White<br />
Pass Highway (U.S. Highway 12) and east of the Johnson<br />
Creek Road (USFS Road 1302).<br />
Permit Area - Tieton River: GMU 364<br />
a Mountain goat populations are managed as a collection<br />
of subpopulations, and the ideal harvest is distributed through<br />
all the subpopulations. The director is authorized to open or<br />
close subhunt area and reduce permit levels to protect from<br />
overharvesting specific areas.<br />
The director is authorized by the commission to identify<br />
the subhunt unit as a condition of the hunt permit. Hunters<br />
receiving permits will be sent a text description or map of the<br />
hunt subunit from the director prior to the start of that hunting<br />
season.<br />
b Permit hunters may start hunting September 1 with<br />
archery equipment.<br />
NEW SECTION<br />
WAC 232-28-624 Deer area descriptions. The following<br />
areas are defined as deer areas:<br />
Deer Area No. 1008 West Wenaha (Columbia County):<br />
That part of GMU 169 west of USFS trail 3112 from Tepee<br />
Camp (east fork of Butte Creek) to Butte Creek, and west of<br />
Butte Creek to the Washington-Oregon state line.<br />
Deer Area No. 1009 East Wenaha (Columbia, Garfield,<br />
Asotin counties): That portion of GMU 169 east of USFS<br />
trail 3112 from Tepee Camp (east fork Butte Creek) to Butte<br />
Creek, and east of Butte Creek to the Washington-Oregon<br />
state line.<br />
Washington State Register, Issue 13-03 WSR 13-03-152<br />
Deer Area No. 1010 (Columbia County): GMU 162<br />
excluding National Forest land and the Rainwater Wildlife<br />
Area.<br />
Deer Area No. 1020 Prescott (Columbia and Garfield<br />
counties): That portion of GMU 149 between Hwy 261 and<br />
Hwy 127.<br />
Deer Area No. 1021 Clarkston (Asotin County): That portion<br />
of GMU 178 beginning at the junction of the Highway<br />
12 bridge and Alpowa Creek; east on Highway 12 to Silcott<br />
Road; south and east on Silcott Road to Highway 128; southwest<br />
on Highway 128 to McGuire Gulch Road; southeast<br />
along the bottom of McGuire Gulch to Asotin Creek; east on<br />
Asotin Creek to the Snake River; north and west on the Snake<br />
River to Alpowa Creek; southwest of Alpowa Creek to the<br />
Highway 12 bridge and the point of beginning.<br />
Deer Area No. 1030 Republic (Ferry County): That area<br />
within 1/2 mile surrounding the incorporated town of Republic.<br />
Deer Area No. 1035 Highway 395 Corridor (Stevens<br />
County): That portion of GMU 121 beginning at the intersection<br />
of US Highway (Hwy) 395 (State Route 20) and State<br />
Route (SR) 25: S on SR 25 to Old Kettle Rd; E on Old Kettle<br />
Rd to Mingo Mountain Rd; S on Mingo Mountain Rd to<br />
Greenwood Loop Rd; E on Greenwood Loop Rd to the bridge<br />
over the Colville River; S on the Colville River to the bridge<br />
over Gold Creek Loop/Valley Westside Rd; W and S on Valley<br />
Westside Rd to the Orin-Rice Rd; E on Orin-Rice Rd to<br />
Haller Creek Rd; S on Haller Creek Rd to Skidmore Rd; E<br />
and S on Skidmore Rd to Arden Hill Rd; E on Arden Hill Rd<br />
to Townsend-Sackman Rd; S on Townsend-Sackman Rd to<br />
Twelve Mile Rd; S on Twelve Mile Rd to Marble Valley<br />
Basin Rd; S on Marble Valley Basin Rd to Zimmer Rd; S on<br />
Zimmer Rd to Blue Creek West Rd; E on Blue Creek West<br />
Rd to Dry Creek Rd; S on Dry Creek Rd to Duncan Rd; E on<br />
Duncan Rd to Tetro Rd; S on Tetro Rd to Heine Rd; E and S<br />
on Heine Rd to Farm-to-Market Rd; S on Farm-to-Market Rd<br />
to Newton Rd (also known as Rickers Lane); E on Newton<br />
Rd to US Hwy 395; N on US Hwy 395 to McLean Rd and<br />
Twelve Mile Rd (also known as Old Arden Hwy); N on<br />
McLean Rd and Twelve Mile Rd to US Hwy 395; N on US<br />
Hwy 395 to Old Arden Hwy (again); N on Old Arden Hwy to<br />
US Hwy 395; N on US Hwy 395, through the town of<br />
Colville, then W on US Hwy 395 (SR 20) to SR 25 and the<br />
point of beginning.<br />
Deer Area No. 1050 Spokane North (Spokane County):<br />
From the intersection of the Spokane River and the Idaho-<br />
Washington state line, N to Hauser Lake Rd, W to Starr Rd,<br />
S to Newman Lake Dr, W and N to Foothills Rd, W to Forker<br />
Rd, N and W to Hwy 206 (Mt Spokane Park Rd), N to Feehan<br />
Rd, N to Randall Rd, W to Day Mt Spokane Rd, N to Big<br />
Meadows Rd, W to Madison Rd, N to Tallman Rd, W to Elk-<br />
Chattaroy Rd, N to Laurel Rd, E to Conklin Rd, N to Nelson<br />
Rd, E to Jackson Rd, N to Oregon Rd, E to Jefferson Rd, N to<br />
Frideger Rd, W to Elk-Camden Rd, S to Boundary Rd, N and<br />
W to Dunn Rd, S to Oregon Rd, W to Hwy 2, S on US Hwy<br />
2 to the Deer Park-Milan Rd, W on the Deer Park-Milan Rd<br />
to US Hwy 395 at the town of Deer Park, NW on US Hwy<br />
[ 157 ] <strong>Proposed</strong>
WSR 13-03-152 Washington State Register, Issue 13-03<br />
395 and W onto Williams Valley Rd, W and S to Hattery Rd<br />
(Owens Rd), S and E to Swenson Rd, S to Hwy 291, west to<br />
Stone Lodge Rd, west to the Spokane River, E on the Spokane<br />
River to the Idaho state border and the point of beginning.<br />
Deer Area No. 1060 Spokane South (Spokane County):<br />
That part of GMU 127 beginning at the intersection of Spokane<br />
River and Barker Rd Bridge, Barker Rd S to 24 Ave, 24<br />
Ave W to Barker Rd, Barker Rd S to 32 Ave, 32 Ave W to<br />
Linke Rd, Linke Rd S and E to Chapman Rd, Chapman Rd S<br />
to Linke Rd, Linke Rd S to Belmont Rd, Belmont Rd W to<br />
Hwy 27, Hwy 27 S to Palouse Hwy, Palouse Hwy W to Valley<br />
Chapel Rd, Valley Chapel Rd S to Spangle Creek Rd,<br />
Spangle Creek Rd SW to Hwy 195, Hwy 195 N to I-90, I-90<br />
E to Latah Creek at I-90-Latah Creek Bridge, Latah Creek<br />
NE to Spokane River, Spokane River E to the Barker Rd<br />
Bridge and the point of beginning.<br />
Deer Area No. 1070 Spokane West (Spokane County):<br />
That part of GMU 130 beginning at the intersection of I-90<br />
and Latah Creek at I-90-Latah Creek Bridge, NE to Hwy 195<br />
S on Hwy 195 S to Paradise Rd, Paradise Rd W to Smythe<br />
Road, Smythe Road NW to Anderson Rd, Anderson Rd W to<br />
Cheney Spokane Rd, Cheney Spokane Rd SW to Hwy<br />
904/1st St in the town of Cheney, 1st SW to Salnave Rd/Hwy<br />
902, Salnave Rd NW to Malloy Prairie Rd, Malloy Prairie Rd<br />
W to Medical Lake Tyler Rd, Medical Lake Tyler Rd N to<br />
Gray Rd, Gray Rd W then N to Fancher Rd, Fancher Rd NW<br />
to Ladd Rd, Ladd Rd N to Chase Rd, Chase Rd E to Espanola<br />
Rd, Espanola Rd N turns into Wood Rd, Wood Rd N to Coulee<br />
Hite Rd, Coulee Hite Rd E to Seven Mile Rd, Seven Mile<br />
Rd E to Spokane River, Spokane River S to Latah Creek,<br />
Latah Creek S to I-90 at the Latah Creek Bridge and the point<br />
of beginning.<br />
Deer Area No. 1080 Colfax (Whitman County): That part<br />
of GMUs 139 and 142 beginning at the intersection of Hwy<br />
195 and Crumbaker Rd, NE on Crumbaker Rd to Brose Rd, E<br />
on Brose Rd to Glenwood Rd, S on Glenwood Rd to Hwy<br />
272, SE on Hwy 272 to Clear Creek Rd, SE on Clear Creek<br />
Rd to Stueckle Rd, S on Stueckle Rd to Palouse River Rd, E<br />
to Kenoyier Rd SE to Abbott Rd, S on Abbott Rd to Parvin<br />
Rd, S on Parvin Rd to McIntosh Rd, S on McIntosh Rd to 4<br />
mile Rd/Shawnee Rd, W on Shawnee Rd to Hwy 195, N on<br />
Hwy 195 to Prune Orchard Rd, W on Prune Orchard Rd to<br />
Almota Rd, S on Almota Rd to Duncan Springs Rd, W and<br />
NW on Duncan Springs Rd to Airport Rd, NW on Airport Rd<br />
to Fairgrounds Rd, N on Fairgrounds Rd to Endicott Rd,<br />
NNW on Endicott Rd to Morley Rd, E and S and E on Morley<br />
Rd to Hwy 295 (26), NE on Hwy 295 to West River Dr then<br />
follow Railroad Tracks NW to Manning Rd, E on Manning<br />
Rd to Green Hollow Rd, E and S on Green Hollow Rd to Bill<br />
Wilson Rd, E on Bill Wilson Rd to Hwy 195, S on Hwy 195<br />
to Crumbaker Rd and the point of beginning.<br />
Deer Area No. 2010 Benge (Adams and Whitman counties):<br />
That part of GMU 284 beginning at the town of Washtucna;<br />
north on SR 261 to Weber Road; east on Weber Road<br />
to Benzel Road; north on Benzel Road to Wellsandt Road;<br />
east on Wellsandt Road to Hills Road; south on Hills Road to<br />
Urquhart Road; east on Urquhart Road to Harder Road, East<br />
<strong>Proposed</strong> [ 158 ]<br />
on Harder Road to McCall Road; east on McCall Road to<br />
Gering Road; east on Gering Road to Lakin Road; east on<br />
Lakin Road to Revere Road; south on Revere Road to George<br />
Knott Road; south on George Knott Road to Rock Creek;<br />
south along Rock Creek to the Palouse River; south and west<br />
along the Palouse River to SR 26; west on SR 26 to Washtucna<br />
and the point of beginning.<br />
Deer Area No. 2011 Lakeview (Grant County): That part<br />
of GMU 272 beginning at the junction of SR 28 and First<br />
Avenue in Ephrata; west on First Avenue to Sagebrush Flats<br />
Road; west on Sagebrush Flats Road to Norton Canyon<br />
Road; north on Norton Canyon Road to E Road NW; north on<br />
E Road NW to the Grant-Douglas county line; east along the<br />
county line to the point where the county line turns north;<br />
from this point continue due east to SR 17; south on SR 17 to<br />
SR 28 at Soap Lake; south on SR 28 to the junction with First<br />
Avenue in Ephrata and the point of beginning.<br />
Deer Area No. 2012 Methow Valley (Okanogan County):<br />
All private land in the Methow Watershed located outside the<br />
external boundary of the Okanogan National Forest and north<br />
of the following boundary: Starting where the Libby Creek<br />
Road (County road 1049) intersects the Okanogan National<br />
Forest boundary; east on road 1049 to State Hwy 153; north<br />
on Hwy 153 to the Old Carlton Road; east on the Old Carlton<br />
Road to the Texas Creek Road (County road 1543); east on<br />
the Texas Creek Road to the Vintin Road (County road<br />
1552); northeast on the Vintin Road to the Okanogan<br />
National Forest boundary.<br />
Deer Area No. 2013 North Okanogan (Okanogan<br />
County): Restricted to private land only located within the<br />
following boundary: Beginning in Tonasket at the junction<br />
of Havillah Rd and Hwy 97; NE on Havillah Rd to Dry Gulch<br />
Extension Rd; N to Dry Gulch Rd; N on Dry Gulch Rd to<br />
Oroville-Chesaw Rd; W on Oroville-Chesaw Rd to Molson<br />
Rd; N on Molson Rd to Nine Mile Rd; N and W on Nine Mile<br />
Rd to the Canadian border at the old Sidley Town Site; W<br />
along the border to the east shore of Lake Osoyoos; S around<br />
Lake Osoyoos to the Okanogan River; S along the east bank<br />
of the Okanogan River to the Tonasket Fourth Street Bridge;<br />
E on Fourth Street to Hwy 97; N on Hwy 97 to point of beginning.<br />
Deer Area No. 2014 Central Okanogan (Okanogan<br />
County): Restricted to private land only located within the<br />
following boundary: Beginning in Tonasket on the Okanogan<br />
River at the Fourth Street Bridge; S along Hwy 7 to Pine<br />
Creek Rd; W along Pine Creek Rd to Horse Spring Coulee<br />
Rd; W and N on Horse Spring Coulee Rd to Beeman Rd; W<br />
on Beeman Rd to North Lemanasky Rd; S along North Lemanasky<br />
Rd to Pine Creek Rd; S on Pine Creek Rd to Hagood<br />
Cut-off Rd; S on Hagood Cut-off Rd to South Pine Creek Rd;<br />
E on South Pine Creek Rd to Hwy 97; S on Hwy 97 to Town<br />
of Riverside North Main Street junction; SE on North Main<br />
Street to Tunk Valley Rd and the Okanogan River Bridge; E<br />
on Tunk Creek Rd to Chewiliken Valley Rd; NE along<br />
Chewiliken Valley Rd to Talkire Lake Rd; N on Talkire Lake<br />
Rd to Hwy 20; W on Hwy 20 to the junction of Hwy 20 and<br />
Hwy 97; N on Hwy 97 to Fourth Street; W on Fourth Street<br />
to point of beginning.
Deer Area No. 2015 Omak (Okanogan County):<br />
Restricted to private land only located within the following<br />
boundary: Beginning at Hwy 97 and Riverside Cut-off road;<br />
west on Riverside Cut-off Rd to Conconully Road; south on<br />
Conconully Rd to Danker Cut-off road; west on Danker Cutoff<br />
road to Salmon Creek Rd; north on Salmon Creek Rd to<br />
Spring Coulee Rd; south on Spring Coulee Rd to B&O Road<br />
North Rd; southwest on B&O North Rd to Hwy 20; east on<br />
Hwy 20 to B&O Rd; south on B&O Rd to the Town of Malott<br />
and the bridge over the Okanogan River; north along the west<br />
bank of the Okanogan River to the Town of Riverside and the<br />
Tunk Valley road bridge; west on Tunk Valley road to State<br />
Street in Riverside; south on State Street to 2nd Street; west<br />
on 2nd Street to Hwy 97 and the point of beginning.<br />
Deer Area No. 2016 Conconully (Okanogan County):<br />
Restricted to private land only located within the following<br />
boundary: Beginning at the Conconully town limit at the<br />
south edge of Town and the east shore of Conconully Reservoir;<br />
south along the east shore of the reservoir to Salmon<br />
Creek; south along the east bank of Salmon Creek to Salmon<br />
Creek road at the old Ruby Town site; south on Salmon<br />
Creek road to Green Lake road; northeast on Green Lake road<br />
to Conconully road; north on Conconully road to the south<br />
limit of the Town of Conconully and the point of beginning.<br />
Deer Area No. 3071 Whitcomb (Benton County): That<br />
part of GMU 373 made up by the Whitcomb Unit of the Umatilla<br />
National Wildlife Refuge.<br />
Deer Area No. 3072 Paterson (Benton County): That part<br />
of GMU 373 made up by the Paterson Unit of the Umatilla<br />
National Wildlife Refuge.<br />
Deer Area No. 3088 High Prairie (Klickitat County): That<br />
portion of GMU 388 (Grayback) that is south of SR 142.<br />
Deer Area No. 3682 Ahtanum (Yakima County): That<br />
part of GMU 368 beginning at the power line crossing on<br />
Ahtanum Creek in T12N, R16E, Section 15; west up Ahtanum<br />
Creek to South Fork Ahtanum Creek; southwest up<br />
South Fork Ahtanum Creek to its junction with Reservation<br />
Creek; southwest up Reservation Creek and the Yakama<br />
Indian Reservation boundary to the main divide between the<br />
Diamond Fork drainage and Ahtanum Creek drainage; north<br />
along the crest of the main divide between the Diamond Fork<br />
drainage and the Ahtanum Creek drainage to Darland Mountain;<br />
northeast on US Forest Service Trail 615 to US Forest<br />
Service Road 1020; northeast on US Forest Service Road<br />
1020 to US Forest Service Road 613; northeast on US Forest<br />
Service Road 613 to US Forest Service Trail 1127; northeast<br />
on US Forest Service Trail 1127 to US Forest Service Road<br />
1302 (Jump Off Road), southeast of the Jump Off Lookout<br />
Station; northeast on US Forest Service Road 1302 (Jump<br />
Off Road) to Hwy 12. Northeast on Hwy 12 to the Naches<br />
River. Southeast down the Naches River to Cowiche Creek.<br />
West up Cowiche Creek and the South Fork Cowiche Creek<br />
to Summitview Ave. Northwest on Summitview Ave to<br />
Cowiche Mill Road. West on Cowiche Mill Road to the<br />
power line in the northeast corner of T13N, R15E, SEC 13.<br />
Southeast along the power line to Ahtanum Creek and the<br />
point of beginning.<br />
Washington State Register, Issue 13-03 WSR 13-03-154<br />
Deer Area No. 5064: That part of GMU 564 in the Columbia<br />
River near the mouth of the Cowlitz River made up of<br />
Cottonwood Island and Howard Island.<br />
Deer Area No. 6020 (Clallam and Jefferson counties):<br />
Dungeness-Miller Peninsula: That part of GMU 624 west of<br />
Discovery Bay and Salmon Creek.<br />
WSR 13-03-154<br />
PROPOSED RULES<br />
DEPARTMENT OF<br />
RETIREMENT SYSTEMS<br />
[Filed January 23, 2013, 11:17 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
22-063.<br />
Title of Rule and Other Identifying Information: WAC<br />
415-02-177 May I purchase additional service credit?<br />
Hearing Location(s): Department of Retirement Systems,<br />
6835 Capitol Boulevard, Conference Room 115, Tumwater,<br />
WA, on February 26, 2013, at 1:30 p.m.<br />
Date of Intended Adoption: February 26, 2013.<br />
Submit Written Comments to: Jilene Siegel, Department<br />
of Retirement Systems, P.O. Box 48380, Olympia, WA<br />
98504-8380, e-mail jilenes@drs.wa.gov, fax (360) 753-5397,<br />
by February 26, 2013, 1:30 p.m.<br />
Assistance for Persons with Disabilities: Contact Jilene<br />
Siegel by February 22, 2013, TTY (866) 377-8895 or (360)<br />
586-5450.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: Corrects the<br />
administration of retirement benefits when a retiree who has<br />
purchased additional service credits returns to work and<br />
exceeds the hours limit for continuing pension payments.<br />
Retirees who exceed the return-to-work limits will have their<br />
retirement benefit suspended, including any portion that is<br />
attributable to purchased service credit.<br />
Reasons Supporting Proposal: A retirement benefit calculation<br />
includes three factors: Service credits, average compensation<br />
and a multiplier. Purchasing service credits<br />
increases that factor in the calculation, but there is no independent<br />
monetary value to the service credits that are purchased.<br />
Therefore, if the benefit is stopped, the portion<br />
attributable to the purchased service credit is also stopped.<br />
Statutory Authority for Adoption: RCW 41.50.050(5).<br />
Statute Being Implemented: RCW 41.26.199, 41.26.-<br />
432, 41.40.034, 41.37.265, 41.35.183, 41.32.066, 43.43.233.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Agency Comments or Recommendations, if any, as to<br />
Statutory Language, Implementation, Enforcement, and Fiscal<br />
Matters: Retirees who applied for or purchased service<br />
credit between September 1, 2010, and March 31, 2013, will<br />
continue to receive payment for that portion of the retirement<br />
benefit that is attributable to the purchased service credit,<br />
when the rest of the benefit is suspended upon exceeding the<br />
return-to-work hours limit, in accordance with the rule that<br />
[ 159 ] <strong>Proposed</strong>
WSR 13-03-154 Washington State Register, Issue 13-03<br />
was in effect at the time of the purchase. (WAC 415-02-177<br />
(11)(a)(ii)).<br />
Name of Proponent: Department of retirement systems,<br />
governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Jilene Siegel, P.O. Box 48380, Olympia, WA 98504-8380,<br />
(360) 664-7291; Implementation: Shawn Merchant, P.O.<br />
Box 48380, Olympia, WA 98504-8380, (360) 664-7303; and<br />
Enforcement: Jennifer Dahl, P.O. Box 48380, Olympia, WA<br />
98504-8380, (360) 664-7219.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. Not applicable. These<br />
rules do not impact small businesses and are not being submitted<br />
by the state board of education.<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. The department of retirement systems is not one<br />
of the departments named in the section requiring a cost benefit<br />
analysis (RCW 34.05.328).<br />
January 23, 2013<br />
Jilene Siegel<br />
Rules and Contracts Manager<br />
AMENDATORY SECTION (Amending WSR 10-16-086,<br />
filed 7/30/10, effective 9/1/10)<br />
WAC 415-02-177 May I purchase additional service<br />
credit? (1) What is the option for purchasing additional<br />
service credit? The following statutes provide an option for<br />
eligible members to purchase additional service credit that<br />
provides a guaranteed, lifetime increase to their monthly<br />
retirement benefit:<br />
(a) RCW 41.26.199 for LEOFF Plan 1 members;<br />
(b) RCW 41.26.432 for LEOFF Plan 2 members;<br />
(c) RCW 41.40.034 for PERS Plan 1, 2, and 3 members;<br />
(d) RCW 41.37.265 for PSERS Plan 2 members;<br />
(e) RCW 41.35.183 for SERS Plan 2 and 3 members;<br />
(f) RCW 41.32.066 for TRS Plan 1, 2, and 3 members;<br />
and<br />
(g) RCW 43.43.233 for WSPRS Plan 1 and 2 members.<br />
(2) Am I eligible to purchase additional service<br />
credit?<br />
<strong>Proposed</strong> [ 160 ]<br />
(a) You may purchase additional service credit if you are<br />
eligible to retire from one or more of the following plans and<br />
you elect a monthly benefit rather than a lump sum payment:<br />
(i) LEOFF Plan 1 or 2 under RCW 41.26.090 or<br />
41.26.430;<br />
(ii) PERS Plan 1, 2 or 3 under RCW 41.40.180,<br />
41.40.630, or 41.40.820;<br />
(iii) PSERS Plan 2 under RCW 41.37.210;<br />
(iv) SERS Plan 2 or 3 under RCW 41.35.420 or<br />
41.35.680;<br />
(v) TRS Plan 1, 2, or 3 under RCW 41.32.480,<br />
41.32.765, or 41.32.875; or<br />
(vi) WSPRS Plan 1 or 2 under RCW 43.43.250.<br />
(b) If you retire as a result of a disability, you may purchase<br />
additional service credit if you meet the requirements<br />
in (a) of this section.<br />
(3) How much additional service credit may I purchase?<br />
If you are eligible, you may purchase from one to<br />
sixty months of additional service credit in whole month<br />
increments.<br />
(4) May I use the additional purchased service credit<br />
to qualify for normal retirement or an early retirement?<br />
No. You may not use the purchased service credit to qualify<br />
for normal retirement or to qualify for an early retirement.<br />
(5) When must I apply to purchase additional service<br />
credit? You must submit your request to purchase additional<br />
service credit to the department at the same time you submit<br />
your application for retirement.<br />
(6) How much will my monthly retirement benefit<br />
increase if I purchase additional service credit? The<br />
increase in your monthly retirement benefit will be calculated<br />
using the benefit formula for your system and plan, with a<br />
reduction for early retirement, if applicable.<br />
Example 1 (PERS Plan 2): John is a member of PERS<br />
Plan 2. He applies for retirement, effective the first month<br />
after his 62nd birthday. His AFC is $4000 per month. If he<br />
purchases sixty months of additional service credit, his<br />
monthly retirement benefit will increase by $289.60 per<br />
month, calculated as follows:<br />
Additional service credit: 60 months ÷ 12 = 5 years<br />
Early retirement factor (WAC 415-02-320(5)): .7240000<br />
Amount of increase = 2% x additional service credit years x AFC x early retirement factor<br />
= 2% x 5 years x $4000 x .7240000<br />
= $289.60<br />
Example 2 (TRS Plan 3): Jane is a member of TRS Plan 3. She applies for retirement, effective the first month after her<br />
62nd birthday. Her AFC is $4000 per month. If she purchases sixty months of additional service credit, her monthly retirement<br />
benefit will increase by $144.80 per month, calculated as follows:<br />
Additional service credit: 60 months ÷ 12 = 5 years<br />
Early retirement factor (WAC 415-02-320(5)): .7240000<br />
Amount of increase = 1% x additional service credit years x AFC x early retirement factor<br />
= 1% x 5 years x $4000 x .7240000<br />
= $144.80<br />
Example 3 (LEOFF Plan 2): Jim is a member of LEOFF Plan 2. He applies for retirement, effective the first month after<br />
his 53rd birthday. His FAS is $4000 per month. If he purchases sixty months of additional service credit, his monthly retirement<br />
benefit will increase by $400 per month, calculated as follows:<br />
Additional service credit: 60 months ÷ 12 = 5 years
Washington State Register, Issue 13-03 WSR 13-03-154<br />
Amount of increase = 2% x additional service credit years x FAS<br />
= 2% x 5 years x $4000<br />
= $400<br />
(7) How is the cost of the additional purchased service credit calculated? The cost to purchase additional service credit<br />
is calculated by dividing the amount of the increase in subsection (6) of this section by the age-based annuity factor in WAC 415-<br />
02-340.<br />
Example. In subsection (6) of this section, Example 1, it was determined that John's retirement benefit would increase by<br />
$289.60 per month. The cost to purchase the five years of additional service credit would be $44,542.88, calculated as follows:<br />
Age-based annuity factor (WAC 415-02-340): .0065016<br />
Cost = Amount of increase ÷ age-based annuity factor<br />
= $289.60 ÷ .0065016<br />
= $44,542.88<br />
(8) How and when do I pay for the additional service<br />
credit? The department will generate a bill to you for the<br />
cost of the additional service credit.<br />
(a) Payment may be made with an eligible rollover, a<br />
direct rollover or a trustee-to-trustee transfer, if allowed by<br />
the transferring plan. Payment may also be made with aftertax<br />
dollars, such as money from a personal savings account.<br />
However, IRS regulations limit the amount of after-tax dollars<br />
you may use to purchase additional service credit.<br />
(b) Payment must be made in full within ninety days<br />
after the bill issue date.<br />
(9) If I choose a benefit option with a survivor feature,<br />
will my survivor beneficiary's monthly benefit<br />
reflect the additional purchased service credit? Yes.<br />
Depending upon the rules for your retirement system and<br />
plan and the benefit option you choose at retirement, your<br />
survivor beneficiary's monthly benefit will be a percentage of<br />
the gross monthly retirement benefit you were receiving at<br />
the time of your death. If you choose a benefit option with a<br />
survivor feature and your survivor beneficiary dies before<br />
you, your monthly retirement benefit will increase to the<br />
amount it would have been had you not selected a survivor<br />
option.<br />
(10) Will I receive a cost of living adjustment (COLA)<br />
on the portion of my benefit that is based on the additional<br />
purchased service credit?<br />
(a) For all systems and plans, except as noted in (b) of<br />
this subsection, your COLA will be based on your gross<br />
monthly retirement benefit, including the increase due to the<br />
purchased service credit.<br />
(b) If you retire from PERS Plan 1 or TRS Plan 1 and you<br />
do not elect the optional auto COLA, you will not receive a<br />
COLA on the additional purchased service credit amount.<br />
(11) If I purchase additional service credit and then<br />
return to work, how will my retirement benefit be<br />
affected?<br />
(a) If you return to work with an employer that participates<br />
with the department:<br />
(i) Elect to return to membership - Your entire retirement<br />
benefit is suspended, including the portion of your retirement<br />
benefit attributable to service credit purchased under this section.<br />
(ii) Do not elect to return to membership - If your retirement<br />
benefit is suspended due to working over the hours<br />
allowed annually, the portion of your retirement benefit<br />
attributable to service credit purchased under this section will<br />
((not)) be suspended.<br />
(b) If you return to work with an employer that does not<br />
participate with the department, your retirement benefit and<br />
the portion of your retirement benefit attributable to service<br />
credit purchased under this section will not be suspended.<br />
(12) If I retire and purchase less than sixty months of<br />
additional service credit, may I purchase more at a later<br />
time? If you retire and purchase less than sixty months of<br />
additional service credit, you may not purchase additional<br />
months of service credit from the same plan unless you return<br />
to membership and reretire from the same system and plan.<br />
You must meet the eligibility requirements provided in subsection<br />
(2) of this section at the time you reretire. You may<br />
not purchase more than a total of sixty months of service<br />
credit regardless of how many times you reretire from the<br />
same system and plan.<br />
(13) May I purchase service credit from more than<br />
one retirement plan?<br />
(a) If you are a dual member under chapter 415-113<br />
WAC, Portability of public employment benefits, and you<br />
combine service credit to retire as a dual member, you may<br />
purchase up to sixty months of additional service credit from<br />
each of your dual member plans.<br />
(b) If you retire from more than one plan, but are not a<br />
dual member under chapter 415-113 WAC, you may purchase<br />
up to sixty months of additional service credit from<br />
each plan in which you meet the eligibility requirements in<br />
subsection (2) of this section.<br />
(14) How are the funds I paid to purchase the additional<br />
service credit treated upon my death (and the death<br />
of my survivor beneficiary, if applicable)?<br />
(a) Plans 1 and 2. The amount paid to purchase the additional<br />
service credit is credited to your individual account as<br />
part of your accumulated contributions. Distribution of accumulated<br />
contributions after your death (and the death of your<br />
survivor beneficiary, if any) is governed by the statutes and<br />
rules applicable to your plan. See:<br />
(i) WAC 415-108-326 for PERS Plan 1 and 2;<br />
(ii) WAC 415-112-504(((8))) (9) for TRS Plan 1;<br />
(iii) WAC 415-112-505(7) for TRS Plan 2;<br />
(iv) WAC 415-110-610(7) for SERS Plan 2;<br />
(v) WAC 415-106-600(7) for PSERS Plan 2;<br />
(vi) WAC 415-103-215 for WSPRS Plan 1;<br />
(vii) WAC 415-103-225(7) for WSPRS Plan 2;<br />
[ 161 ] <strong>Proposed</strong>
WSR 13-03-156 Washington State Register, Issue 13-03<br />
(viii) WAC 415-104-202 for LEOFF Plan 1; or<br />
(ix) WAC 415-104-215(7) for LEOFF Plan 2.<br />
(b) Plan 3. The amount paid to purchase the additional<br />
service credit is credited to the Plan 3 trust fund and not to<br />
your member account. There are no circumstances under<br />
which the amount will be distributed upon your death.<br />
WSR 13-03-156<br />
PROPOSED RULES<br />
STATE BOARD OF EDUCATION<br />
[Filed January 23, 2013, 11:58 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
24-053.<br />
Title of Rule and Other Identifying Information: RCW<br />
28A.710.090 Charter school authorizers—Approval process<br />
(Initiative Measure No. 1240, Section 209).<br />
Hearing Location(s): Brouillet Room, Old Capitol<br />
Building, 600 Washington Street S.E., Olympia, WA 98504,<br />
on February 26, 2013, at 1:00 p.m.<br />
Date of Intended Adoption: February 26, 2013.<br />
Submit Written Comments to: Jack Archer, State Board<br />
of Education (SBE), Old Capitol Building, P.O. Box 47206,<br />
Olympia, WA 98504-7206, e-mail jack.archer@k12.wa.us,<br />
fax (360) 586-2357, by February 25, 2013.<br />
Assistance for Persons with Disabilities: Contact Jack<br />
Archer by February 25, 2013, TTY (360) 725-6025 or (360)<br />
725-6035.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The purpose of<br />
this proposal is to establish an annual application approval<br />
process and timelines for entities seeking to be charter school<br />
authorizers, as required by subsection (1) of RCW 28A.710.-<br />
090. Under RCW 28A.710.080, entities seeking to be charter<br />
school authorizers that must be approved by the SBE are<br />
school district boards of directors. RCW 28A.710.090(1)<br />
stipulates that the initial process and timelines must be established<br />
no later than ninety days after the effective date of this<br />
section. That requires that the SBE establish the initial process<br />
and timelines by March 6, 2013. RCW 28A.710.090(2)<br />
specifies a minimum set of information, documentation and<br />
statements that each applicant to be an authorizer must submit<br />
to the SBE. A second purpose of the proposal is to provide<br />
specificity and clarity in the materials that must be submitted<br />
to the SBE, and to require, as enabled by this section,<br />
the submission of additional materials deemed necessary and<br />
appropriate by the SBE in evaluating applications. A third<br />
purpose is to establish standards and criteria by which the<br />
SBE will, as required by RCW 28A.710.090(3), consider the<br />
merits of each application and make its decision whether to<br />
approve or disapprove. Last, the proposal will establish<br />
requirements for the authorizing contract to be executed pursuant<br />
to RCW 28A.710.090(4), with specific reference to the<br />
applicant school district's proposal and plan for chartering.<br />
Adoption of these rules will provide clarity to school districts<br />
on the requirements of the statute and the expectations of the<br />
SBE for applications to be charter authorizers, and a clear and<br />
<strong>Proposed</strong> [ 162 ]<br />
accountable basis for decisions by the SBE on the applications.<br />
Statutory Authority for Adoption: RCW 28A.710.090.<br />
Statute Being Implemented: Chapter 28A.710 RCW<br />
(Initiative 1240).<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: SBE, governmental.<br />
Name of Agency Personnel Responsible for Drafting:<br />
Jack Archer, Old Capitol Building, 600 Washington Street<br />
S.E., Olympia, WA, (360) 725-6035; Implementation and<br />
Enforcement: Ben Rarick, Old Capitol Building, 600 Washington<br />
Street S.E., Olympia, WA, (360) 725-6025.<br />
A school district fiscal impact statement has been prepared<br />
under section 1, chapter 210, Laws of 2012.<br />
School District Fiscal Impact Statement<br />
WSR Title of Rule: I-1240 Section 209<br />
Charter Schools Authorizer<br />
Approval Process.<br />
Part I: Estimates:<br />
Estimated Expenditures From:<br />
ACCOUNT<br />
FY<br />
2012<br />
The cash receipts and expenditures estimate on this page represent the<br />
most likely fiscal impact.<br />
If fiscal impact is greater than $50,000 per fiscal year in<br />
the current biennium or in subsequent biennia, complete<br />
entire fiscal note from Parts I-IV.<br />
Part II: Narrative Explanation:<br />
II. A - Brief Description Of What the Measure Does<br />
That Has Fiscal Impact: School districts who seek to<br />
become authorizers of charter schools will incur costs to<br />
obtain this approval through the application process. These<br />
costs were estimated based on projected total hours needed to<br />
complete the application process.<br />
II. B - Cash Receipts Impact: None.<br />
II. C - Expenditures: Each school district who seeks to<br />
become an authorizer would incur $95,000 of expense in the<br />
application process.<br />
Part III: Expenditure Detail:<br />
III. A - Expenditures by Object or Purpose:<br />
Part IV: Capital Budget Impact: None.<br />
Agency: SDF - School<br />
District Fiscal Impact -<br />
SPI.<br />
FY<br />
2013 2011-13 2013-15 2015-17<br />
001-01 95,000<br />
Total $ 95,000<br />
Total FTE 0.6<br />
Salaries and Wages 60,123<br />
Employee Benefits 12,600<br />
Personal Service Contracts 17,000<br />
Goods and Services 2,639<br />
Travel 2,638<br />
Total 95,000
A copy of the statement may be obtained by contacting<br />
Lorrell Noahr, Old Capitol Building, 600 Washington Street<br />
S.E., Olympia, WA, phone (360) 725-6019, e-mail lorrell.<br />
noahr@k12.wa.gov.<br />
January 22, 2013<br />
Ben Rarick<br />
Executive Director<br />
NEW SECTION<br />
Chapter 180-19 WAC<br />
CHARTER SCHOOLS<br />
WAC 180-19-010 Definitions. (1) "Act" means Initiative<br />
1240, as passed by the voters on November 6, 2012, and<br />
as codified in the Revised Code of Washington.<br />
(2) "School district" or "district" means a school district<br />
board of directors.<br />
(3) "Authorizer" shall have the same meaning as set forth<br />
in section 201(3) of the act.<br />
(4) "Board" means the state board of education.<br />
(5) "Authorizer application" or "application" means the<br />
form developed by the state board of education that must be<br />
completed and timely filed as set forth in these rules with the<br />
state board of education by a school district seeking approval<br />
to be a charter school authorizer.<br />
NEW SECTION<br />
WAC 180-19-020 Notice of intent to submit an<br />
authorizer application. A school district intending to file an<br />
application during a calendar year to be approved as a charter<br />
school authorizer must submit to the state board of education<br />
a notice of intent to file such application by April 1st of that<br />
same year. A district may not file an authorizer application in<br />
a calendar year unless it has filed a timely notice of intent as<br />
provided for herein.<br />
NEW SECTION<br />
WAC 180-19-030 Submission of authorizer application.<br />
(1) The state board of education shall develop and make<br />
available on its web site, no later than April 1st of each year,<br />
an "authorizer application" that must be used by school districts<br />
seeking to be approved as a charter school authorizer.<br />
The application may include such attachments as deemed<br />
required by the board to support and complete the application.<br />
(2) A school district seeking approval to be a charter<br />
school authorizer must submit an "authorizer application" to<br />
the state board of education by June 15th of the year in which<br />
the district seeks approval as an authorizer. The district's<br />
completed application must be sent via electronic mail to sbe<br />
@sbe.wa.gov with the original hand delivered or mailed to<br />
the board at the following address:<br />
Washington State Board of Education<br />
600 Washington St. S.E.<br />
Olympia, WA 98504<br />
Washington State Register, Issue 13-03 WSR 13-03-156<br />
The original and electronic version of the application<br />
must be received by the board no later than June 15th of the<br />
year in which the district submits its application.<br />
(3) A school district must provide sufficient and detailed<br />
information regarding all of the following in the authorizer<br />
application submitted to the board:<br />
(a) The district's strategic vision for chartering. The district<br />
must state the purposes that it expects to fulfill in being<br />
an authorizer of charter schools, with specific reference to the<br />
statutory purposes set forth in section 101 of the act, as well<br />
as any district-specific purposes that are a particular priority<br />
for the district; the characteristics of the school or schools it<br />
is most interested in authorizing, while maintaining a commitment<br />
to considering all charter applicants based on the<br />
merits of their proposals and the likelihood of success; how<br />
the school or schools it wishes to authorize would differ from<br />
the schools the district currently operates with regard to leadership,<br />
staffing, schedule, curriculum, community engagement,<br />
or other features; the educational goals it wishes to<br />
achieve; how it will give priority to serving at-risk students,<br />
as defined in section 201 of the act, or students from low-performing<br />
schools; and how it will protect the autonomy and<br />
promote the accountability of the charter schools it oversees.<br />
(b) A plan to support the vision presented, including<br />
explanations and evidence of the applicant's budget and personnel<br />
capacity and commitment to execute the responsibilities<br />
of quality charter authorizing. "Budget and personnel<br />
capacity" means the district's capability of providing sufficient<br />
assistance, oversight and monitoring to ensure that the<br />
charter schools it authorizes will meet all fiscal, academic<br />
and operational requirements under the act and comply with<br />
all applicable state and federal laws. A district's evidence of<br />
budget and personnel capacity shall consist, at a minimum, of<br />
a detailed description of the following:<br />
(i) Staff resources to be devoted to charter authorizing<br />
and oversight under the act, in full-time equivalent employees,<br />
at a level sufficient to fulfill its authorizing responsibilities<br />
in accordance with the "Principles and Standards for<br />
Quality Charter Authorizing" developed by the National<br />
Association of Charter School Authorizers and the provision<br />
of this act;<br />
(ii) Job descriptions and professional qualifications of<br />
authorizing personnel, demonstrating the district's access to<br />
competent and necessary expertise in all areas essential to<br />
charter school oversight including, but not limited to: School<br />
leadership; curriculum instruction and assessment; special<br />
education, English language learners, and other diverse learning<br />
needs; performance management; law, finance and facilities,<br />
through staff and any contractual relationships or interagency<br />
collaborations; and<br />
(iii) An estimate, supported by verifiable data, of the<br />
financial needs of the authorizer and a projection of sufficient<br />
financial resources, supported by the authorizer oversight fee<br />
under section 211 of this act and any other resources, to carry<br />
out its authorizing responsibilities in accordance with<br />
National Principles and Standards developed by the National<br />
Association of Charter School Authorizers and the provisions<br />
of the act.<br />
(c) A draft or preliminary outline of the request for proposal(s)<br />
that the district would, if approved as an authorizer,<br />
[ 163 ] <strong>Proposed</strong>
WSR 13-03-156 Washington State Register, Issue 13-03<br />
issue to solicit charter school applicants. The draft or preliminary<br />
outline of the request for proposal(s) shall meet all of<br />
the requirements set forth in section 213 (1)(b), as codified,<br />
of the act and demonstrate that the applicant intends to implement<br />
a comprehensive application process that follows fair<br />
procedures and rigorous criteria, and an evaluation and oversight<br />
process based on a performance framework meeting the<br />
requirements of this act.<br />
(d) A draft of the performance framework that the district<br />
would, if approved as an authorizer, use to guide the<br />
establishment of a charter contract and for ongoing oversight<br />
and evaluation of charter schools. The draft of the performance<br />
framework shall, at a minimum, meet the requirements<br />
of section 217(2) of the act including specific descriptions<br />
of each indicator, measure and metric enumerated<br />
therein; and shall provide that student academic proficiency,<br />
student academic growth, achievement gaps in both proficiency<br />
and growth, graduation rates, and postsecondary readiness<br />
are measured and reported in conformance with the<br />
achievement index developed by the state board of education<br />
under RCW 28A.657.110.<br />
(e) A draft of the district's proposed renewal, revocation,<br />
and nonrenewal processes, consistent with sections 219 and<br />
220 of the act. The draft provided must, at a minimum, provide<br />
for the implementation of transparent and rigorous processes<br />
that:<br />
(i) Establish clear standards for renewal, nonrenewal,<br />
and revocation of charters it may authorize under section 210<br />
of the act;<br />
(ii) Set reasonable and effective timelines for actions that<br />
may be taken under sections 219 and 220 of the act;<br />
(iii) Describe how performance data will be used in making<br />
decisions under sections 219 and 220 of the act;<br />
(iv) Outline a plan to take appropriate actions, or exercise<br />
sanctions short of revocation, in response to identified<br />
deficiencies in charter school performance or legal compliance,<br />
in accordance with the charter contract and the provisions<br />
of this act.<br />
(4) A district must sign a statement of assurances submitted<br />
with its application, that shall be included as an attachment<br />
to the authorizing contract executed between the<br />
approved board and the state board of education, stating that<br />
it seeks to serve as an authorizer in fulfillment of the expectations,<br />
spirit, and intent of the act, and that if approved as an<br />
authorizer it will:<br />
(a) Seek opportunities for authorizer professional development,<br />
and assure that personnel with significant responsibilities<br />
for authorizing and oversight of charter schools will<br />
participate in any authorizer training provided or required by<br />
the state;<br />
(b) Provide public accountability and transparency in all<br />
matters concerning charter authorizing practices, decisions,<br />
and expenditures;<br />
(c) Solicit applications for both new charter schools and<br />
conversion charter schools, while appropriately distinguishing<br />
the two types of charter schools in proposal requirements<br />
and evaluation criteria;<br />
(d) Ensure that any charter school it oversees shall have<br />
a fully independent governing board and exercise autonomy<br />
<strong>Proposed</strong> [ 164 ]<br />
in all matters, to the extent authorized by this act, in such<br />
areas as budget, personnel and educational programs;<br />
(e) Ensure that the schools it authorizes will deliver<br />
appropriate services to students with disabilities, and will<br />
provide access to, and appropriately serve, other special populations<br />
of students as required by state and federal law;<br />
(f) Include in any charter contract it may execute with<br />
the governing board of an approved charter school, in accordance<br />
with section 216(2) of this act, educational services<br />
that at a minimum meet the basic education standards set<br />
forth in RCW 28A.150.220.<br />
NEW SECTION<br />
WAC 180-19-040 Evaluation and approval or denial<br />
of authorizer applications. (1) The board shall evaluate an<br />
application submitted by a school district seeking to be an<br />
authorizer and issue a decision approving or denying the<br />
application by August 15th of each year. The state board may<br />
utilize the services of external reviewers with expertise in<br />
educational, organizational and financial matters in evaluating<br />
applications.<br />
(2) For an application to be approved, the state board<br />
must find it to be satisfactory in providing all of the information<br />
required to be set forth in the application. The board will<br />
also consider whether the district's proposed polices and<br />
practices are consistent with the principles and standards for<br />
quality charter school authorizing developed by the National<br />
Association of Charter School Authorizers, as required by<br />
section 210(3) of the act, in at least the following areas:<br />
(a) Organizational capacity: Commit human and financial<br />
resources necessary to conduct authorizing duties effectively<br />
and efficiently;<br />
(b) Solicitation and evaluation of charter applications:<br />
Implement a comprehensive application process that includes<br />
clear application questions and rigorous criteria, and grants<br />
charters only to applicants who demonstrate strong capacity<br />
to establish and operate a charter school;<br />
(c) Performance contracting: Execute contracts with<br />
charter schools that articulate the rights and responsibilities<br />
of each party regarding school autonomy, funding, administration<br />
and oversight, outcomes, measures for evaluating success<br />
or failure, performance consequences, and other material<br />
terms;<br />
(d) Ongoing charter school oversight and evaluation:<br />
Conduct contract oversight that competently evaluates performance<br />
and monitors compliance, ensures schools' legally<br />
entitled autonomy, protects student rights, informs intervention,<br />
revocation and renewal decisions, and provides annual<br />
reports as required by this act; and<br />
(e) Charter renewal and revocation processes: Design<br />
and implement a transparent and rigorous process that uses<br />
comprehensive academic, financial and operational performance<br />
data to make merit-based renewal decisions, and<br />
revokes charters when necessary to protect student and public<br />
interests.<br />
A determination that an application does not provide the<br />
required information, or does not meet standards of quality<br />
authorizing in any component, shall constitute grounds for<br />
disapproval.
(3) The state board of education shall post on its web site<br />
the applications of all school districts approved as authorizers.<br />
A school district approved as an authorizer shall post its<br />
application on a public web site.<br />
(4) If the state board disapproves an application, it shall<br />
state in writing the reasons for the disapproval, with specific<br />
reference to the criteria established in the charter rules.<br />
NEW SECTION<br />
WAC 180-19-050 Authorizing contract. (1) If the<br />
board approves a district's application, it shall execute a<br />
renewable authorizing contract with the school district within<br />
thirty days of its decision. The contract shall specify the district's<br />
agreement to serve as an authorizer in accordance with<br />
the expectations of the act and specify additional performance<br />
terms based on the district's proposal and plan for<br />
chartering as set forth in its application.<br />
(2) The statement of assurances submitted with an authorizer<br />
application shall be incorporated as an attachment to the<br />
authorizing contract and incorporated by reference as if fully<br />
set forth therein.<br />
Washington State Register, Issue 13-03 WSR 13-03-156<br />
[ 165 ] <strong>Proposed</strong>