Behavioral health and recovery rulemaking

HCA is creating a new behavioral health rule to implement the requirements of RCW 71.05.110(2) and RCW 71.05.620(2) regarding appointed counsel and access to closed Involuntary Treatment Act court files and records. Newly enacted legislation (ESSB 5745 2025) amended RCW 71.05.110 to provide that, under certain circumstances, HCA may contract with OPD to provide legal counsel for persons involuntarily detained at state-operated behavioral health facilities. OPD also provides appellate counsel in these cases. OPD needs express legal authority granted by HCA rule to timely access court files and records, enter an appearance before the court, and provide legal representation to the detained person.

The agency is amending this chapter to include rules related to funding, application submission periods, training requirements, and new provider types.

The agency is amending this chapter to add rules relating to certified peer support specialist (CPSS) trainers and training organizations. Topics for this rulemaking may include the CPSS approval process and examination deadline, as well as rules relating to CPSS monitoring, complaints, corrective action, resolution, and appeals.

The agency is revising supervision requirements in Chapter 182-116 WAC. Also, the agency plans to amend these rules to update the titles for
certified peer specialists and certified peer specialist trainees as the Department of Health also revises its rules to align with Second Substitute House Bill 1427, 69th Legislature, 2025 Regular Session.

The agency is developing new rules relating to behavioral health PASRR requirements for people with mental illness.

The agency intends to amend existing rules and develop new rules to implement the remaining requirements in RCW 71.24.920 related to certified peer specialists.