Administrative Rule Review Report  #AR09-026

Legislative Service Office

19-May-09

 

AGENCY:                                         Department of Health.

 

DATE SUBMITTED:                         May 13, 2009/

 

SUBJECT:                                         Chapters 1 through 6, Wyoming Life Resource Center.

 

NATURE OF RULES:                        Legislative and procedural.

 

STATUTORY AUTHORITY:            W.S. 25-5-105(a).

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

 

SUMMARY OF RULES:   The Department of Health, pursuant to W.S. 25-5-101 through 135, oversees the Wyoming Life Resource Center (formerly known as the Wyoming State Training School) in Lander.  The Legislature significantly amended the governing statutes in 2008 (SF47/SEA50/Ch.85).  The legislation:

•     Mandated the adoption of rules for the Life Resource Center by July 1, 2009;

•     Amended the purposes of the Center to provide specified residential, active treatment and medical and therapy services to individuals with a disability;

•     Placed the Center organizationally under a program manager in the Developmental Disabilities Division;

•     Clarified admission and discharge criteria to be applied by screening and assessment teams;

•     Required that services provided be the most appropriate services in a least restrictive and most integrated environment;

•     Clarified provisions for confidentiality of records;

•     Expanded the list of clients' rights;

•     Prohibited the use of isolation and clarifies reasons for the use of physical restraint of clients.

 

These new rules implement the statutory changes, as well as prescribing professional standards for Center personnel and establishing data reporting procedures.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                                        _______________________

                                                                        Gerald W. Laska

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        Lynda G. Cook

                                                                        Staff Attorney

GWL/