Crisis co-response

AN ACT Relating to enhancing crisis response services through co-1
response integration and support; amending RCW 5.60.060 and 2
51.32.181; reenacting and amending RCW 71.24.025; adding a new 3
section to chapter 71.24 RCW; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The goals of co-response are to de-6
escalate situations, divert people from criminal justice and 7
emergency medical systems, and bring medical and behavioral health 8
care into the field to serve vulnerable populations.9
Co-responders play a critical role in Washington's emergency 10
response landscape, promoting a crisis care delivery system that 11
appropriately responds to behavioral health emergencies and adapts to 12
complex needs at the nexus of health and behavioral health. As 13
Washington's crisis care delivery system continues to evolve, co-14
responders should be integrated into new and existing programs and 15
legal frameworks in a way that consistently reflects their 16
contributions to the health and well-being of the people of 17
Washington and provides the necessary support for them to continue 18
their critical work. 19
H-1086.1
HOUSE BILL 1811
State of Washington 69th Legislature 2025 Regular Session
By Representatives Salahuddin, Davis, Santos, Parshley, Zahn, Doglio,
Reed, Ormsby, Nance, Taylor, Walen, Wylie, Pollet, Macri, Fosse,
Hill, Street, Scott, Callan, Stearns, and Leavitt
Read first time 02/03/25. Referred to Committee on Health Care &
Wellness.
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NEW SECTION. Sec. 2. A new section is added to chapter 71.24 1
RCW to read as follows: 2
The University of Washington school of social work, in 3
consultation with the authority, shall collaborate with a statewide 4
organization focused on co-response outreach to develop a statewide 5
internal peer support program designed to assist co-response 6
professionals who have faced life-threatening or traumatic incidents 7
that occur while on the job. 8
Sec. 3. RCW 71.24.025 and 2024 c 368 s 2, 2024 c 367 s 1, and 9
2024 c 121 s 25 are each reenacted and amended to read as follows:10
Unless the context clearly requires otherwise, the definitions in 11
this section apply throughout this chapter. 12
(1) "23-hour crisis relief center" means a community-based 13
facility or portion of a facility which is licensed or certified by 14
the department of health and open 24 hours a day, seven days a week, 15
offering access to mental health and substance use care for no more 16
than 23 hours and 59 minutes at a time per patient, and which accepts 17
all behavioral health crisis walk-ins drop-offs from first 18
responders, and individuals referred through the 988 system 19
regardless of behavioral health acuity, and meets the requirements 20
under RCW 71.24.916. 21
(2) "988 crisis hotline" means the universal telephone number 22
within the United States designated for the purpose of the national 23
suicide prevention and mental health crisis hotline system operating 24
through the national suicide prevention lifeline. 25
(3) "Acutely mentally ill" means a condition which is limited to 26
a short-term severe crisis episode of: 27
(a) A mental disorder as defined in RCW 71.05.020 or, in the case 28
of a child, as defined in RCW 71.34.020; 29
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the 30
case of a child, a gravely disabled minor as defined in RCW 31
71.34.020; or 32
(c) Presenting a likelihood of serious harm as defined in RCW 33
71.05.020 or, in the case of a child, as defined in RCW 71.34.020.34
(4) "Alcoholism" means a disease, characterized by a dependency 35
on alcoholic beverages, loss of control over the amount and 36
circumstances of use, symptoms of tolerance, physiological or 37
psychological withdrawal, or both, if use is reduced or discontinued, 38
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and impairment of health or disruption of social or economic 1
functioning. 2
(5) "Approved substance use disorder treatment program" means a 3
program for persons with a substance use disorder provided by a 4
treatment program licensed or certified by the department as meeting 5
standards adopted under this chapter. 6
(6) "Authority" means the Washington state health care authority.7
(7) "Available resources" means funds appropriated for the 8
purpose of providing community behavioral health programs, federal 9
funds, except those provided according to Title XIX of the Social 10
Security Act, and state funds appropriated under this chapter or 11
chapter 71.05 RCW by the legislature during any biennium for the 12
purpose of providing residential services, resource management 13
services, community support services, and other behavioral health 14
services. This does not include funds appropriated for the purpose of 15
operating and administering the state psychiatric hospitals.16
(8) "Behavioral health administrative services organization" 17
means an entity contracted with the authority to administer 18
behavioral health services and programs under RCW 71.24.381, 19
including crisis services and administration of chapter 71.05 RCW, 20
the involuntary treatment act, for all individuals in a defined 21
regional service area. 22
(9) "Behavioral health aide" means a counselor, health educator, 23
and advocate who helps address individual and community-based 24
behavioral health needs, including those related to alcohol, drug, 25
and tobacco abuse as well as mental health problems such as grief, 26
depression, suicide, and related issues and is certified by a 27
community health aide program of the Indian health service or one or 28
more tribes or tribal organizations consistent with the provisions of 29
25 U.S.C. Sec. 1616l and RCW 43.71B.010 (7) and (8).30
(10) "Behavioral health provider" means a person licensed under 31
chapter 18.57, 18.71, 18.71A, 18.83, 18.205, 18.225, or 18.79 RCW, as 32
it applies to registered nurses and advanced practice registered 33
((nurse practitioners)) nurses. 34
(11) "Behavioral health services" means mental health services, 35
substance use disorder treatment services, and co-occurring disorder 36
treatment services as described in this chapter and chapter 71.36 RCW 37
that, depending on the type of service, are provided by licensed or 38
certified behavioral health agencies, behavioral health providers, or 39
integrated into other health care providers. 40
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(12) "Child" means a person under the age of 18 years.1
(13) "Chronically mentally ill adult" or "adult who is 2
chronically mentally ill" means an adult who has a mental disorder 3
and meets at least one of the following criteria: 4
(a) Has undergone two or more episodes of hospital care for a 5
mental disorder within the preceding two years; or 6
(b) Has experienced a continuous behavioral health 7
hospitalization or residential treatment exceeding six months' 8
duration within the preceding year; or 9
(c) Has been unable to engage in any substantial gainful activity 10
by reason of any mental disorder which has lasted for a continuous 11
period of not less than 12 months. "Substantial gainful activity" 12
shall be defined by the authority by rule consistent with Public Law 13
92-603, as amended. 14
(14) "Clubhouse" means a community-based program that provides 15
rehabilitation services and is licensed or certified by the 16
department. 17
(15) "Co-response" means a multidisciplinary partnership between 18
first responders and human services professionals that responds to 19
emergency situations involving behavioral health crises and people 20
experiencing complex medical needs. First responders participating in 21
co-response include public safety telecommunicators, law enforcement 22
officers, firefighters, emergency medical technicians, and 23
paramedics. Human services professionals participating in co-response 24
include social workers, behavioral health clinicians, advanced 25
practice registered nurses, registered nurses, community health 26
workers, and peer support specialists. Co-responders may provide 27
call-for-service crisis response and follow-up care including case 28
management, resource navigation, and transportation.29
(16) "Community behavioral health program" means all 30
expenditures, services, activities, or programs, including reasonable 31
administration and overhead, designed and conducted to prevent or 32
treat substance use disorder, mental illness, or both in the 33
community behavioral health system. 34
(((16))) (17) "Community behavioral health service delivery 35
system" means public, private, or tribal agencies that provide 36
services specifically to persons with mental disorders, substance use 37
disorders, or both, as defined under RCW 71.05.020 and receive 38
funding from public sources. 39
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(((17))) (18) "Community support services" means services 1
authorized, planned, and coordinated through resource management 2
services including, at a minimum, assessment, diagnosis, emergency 3
crisis intervention available 24 hours, seven days a week, 4
prescreening determinations for persons who are mentally ill being 5
considered for placement in nursing homes as required by federal law, 6
screening for patients being considered for admission to residential 7
services, diagnosis and treatment for children who are acutely 8
mentally ill or severely emotionally or behaviorally disturbed 9
discovered under screening through the federal Title XIX early and 10
periodic screening, diagnosis, and treatment program, investigation, 11
legal, and other nonresidential services under chapter 71.05 RCW, 12
case management services, psychiatric treatment including medication 13
supervision, counseling, psychotherapy, assuring transfer of relevant 14
patient information between service providers, recovery services, and 15
other services determined by behavioral health administrative 16
services organizations. 17
(((18))) (19) "Community-based crisis team" means a team that is 18
part of an emergency medical services agency, a fire service agency, 19
a public health agency, a medical facility, a nonprofit crisis 20
response provider, or a city or county government entity, other than 21
a law enforcement agency, that provides the on-site community-based 22
interventions of a mobile rapid response crisis team for individuals 23
who are experiencing a behavioral health crisis. 24
(((19))) (20) "Consensus-based" means a program or practice that 25
has general support among treatment providers and experts, based on 26
experience or professional literature, and may have anecdotal or case 27
study support, or that is agreed but not possible to perform studies 28
with random assignment and controlled groups. 29
(((20))) (21) "Coordinated regional behavioral health crisis 30
response system" means the coordinated operation of 988 call centers, 31
regional crisis lines, certified public safety telecommunicators, and 32
other behavioral health crisis system partners within each regional 33
service area. 34
(((21))) (22) "County authority" means the board of county 35
commissioners, county council, or county executive having authority 36
to establish a behavioral health administrative services 37
organization, or two or more of the county authorities specified in 38
this subsection which have entered into an agreement to establish a 39
behavioral health administrative services organization.40
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(((22))) (23) "Crisis stabilization services" means services such 1
as 23-hour crisis relief centers, crisis stabilization units, short-2
term respite facilities, peer-run respite services, and same-day 3
walk-in behavioral health services, including within the overall 4
crisis system components that operate like hospital emergency 5
departments that accept all walk-ins, and ambulance, fire, and police 6
drop-offs, or determine the need for involuntary hospitalization of 7
an individual. 8
(((23))) (24) "Crisis stabilization unit" has the same meaning as 9
under RCW 71.05.020. 10
(((24))) (25) "Department" means the department of health.11
(((25))) (26) "Designated 988 contact hub" or "988 contact hub" 12
means a state-designated contact center that streamlines clinical 13
interventions and access to resources for people experiencing a 14
behavioral health crisis and participates in the national suicide 15
prevention lifeline network to respond to statewide or regional 988 16
contacts that meets the requirements of RCW 71.24.890.17
(((26))) (27) "Designated crisis responder" has the same meaning 18
as in RCW 71.05.020. 19
(((27))) (28) "Director" means the director of the authority.20
(((28))) (29) "Drug addiction" means a disease characterized by a 21
dependency on psychoactive chemicals, loss of control over the amount 22
and circumstances of use, symptoms of tolerance, physiological or 23
psychological withdrawal, or both, if use is reduced or discontinued, 24
and impairment of health or disruption of social or economic 25
functioning. 26
(((29))) (30) "Early adopter" means a regional service area for 27
which all of the county authorities have requested that the authority 28
purchase medical and behavioral health services through a managed 29
care health system as defined under RCW 71.24.380(7).30
(((30))) (31) "Emerging best practice" or "promising practice" 31
means a program or practice that, based on statistical analyses or a 32
well established theory of change, shows potential for meeting the 33
evidence-based or research-based criteria, which may include the use 34
of a program that is evidence-based for outcomes other than those 35
listed in subsection (((31))) (32) of this section.36
(((31))) (32) "Evidence-based" means a program or practice that 37
has been tested in heterogeneous or intended populations with 38
multiple randomized, or statistically controlled evaluations, or 39
both; or one large multiple site randomized, or statistically 40
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controlled evaluation, or both, where the weight of the evidence from 1
a systemic review demonstrates sustained improvements in at least one 2
outcome. "Evidence-based" also means a program or practice that can 3
be implemented with a set of procedures to allow successful 4
replication in Washington and, when possible, is determined to be 5
cost-beneficial. 6
(((32))) (33) "First responders" includes ambulance, fire, mobile 7
rapid response crisis team, co -responder team, designated crisis 8
responder, fire department mobile integrated health team, community 9
assistance referral and education services program under RCW 10
35.21.930, and law enforcement personnel. 11
(((33))) (34) "Immediate jeopardy" means a situation in which the 12
licensed or certified behavioral health agency's noncompliance with 13
one or more statutory or regulatory requirements has placed the 14
health and safety of patients in its care at risk for serious injury, 15
serious harm, serious impairment, or death. 16
(((34))) (35) "Indian health care provider" means a health care 17
program operated by the Indian health service or by a tribe, tribal 18
organization, or urban Indian organization as those terms are defined 19
in the Indian health care improvement act (25 U.S.C. Sec. 1603).20
(((35))) (36) "Intensive behavioral health treatment facility" 21
means a community-based specialized residential treatment facility 22
for individuals with behavioral health conditions, including 23
individuals discharging from or being diverted from state and local 24
hospitals, whose impairment or behaviors do not meet, or no longer 25
meet, criteria for involuntary inpatient commitment under chapter 26
71.05 RCW, but whose care needs cannot be met in other community-27
based placement settings. 28
(((36))) (37) "Licensed or certified behavioral health agency" 29
means: 30
(a) An entity licensed or certified according to this chapter or 31
chapter 71.05 RCW; 32
(b) An entity deemed to meet state minimum standards as a result 33
of accreditation by a recognized behavioral health accrediting body 34
recognized and having a current agreement with the department; or35
(c) An entity with a tribal attestation that it meets state 36
minimum standards for a licensed or certified behavioral health 37
agency. 38
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(((37))) (38) "Licensed physician" means a person licensed to 1
practice medicine or osteopathic medicine and surgery in the state of 2
Washington. 3
(((38))) (39) "Long-term inpatient care" means inpatient services 4
for persons committed for, or voluntarily receiving intensive 5
treatment for, periods of 90 days or greater under chapter 71.05 RCW. 6
"Long-term inpatient care" as used in this chapter does not include: 7
(a) Services for individuals committed under chapter 71.05 RCW who 8
are receiving services pursuant to a conditional release or a court-9
ordered less restrictive alternative to detention; or (b) services 10
for individuals voluntarily receiving less restrictive alternative 11
treatment on the grounds of the state hospital. 12
(((39))) (40) "Managed care organization" means an organization, 13
having a certificate of authority or certificate of registration from 14
the office of the insurance commissioner, that contracts with the 15
authority under a comprehensive risk contract to provide prepaid 16
health care services to enrollees under the authority's managed care 17
programs under chapter 74.09 RCW. 18
(((40))) (41) "Mental health peer-run respite center" means a 19
peer-run program to serve individuals in need of voluntary, short-20
term, noncrisis services that focus on recovery and wellness.21
(((41))) (42) Mental health "treatment records" include 22
registration and all other records concerning persons who are 23
receiving or who at any time have received services for mental 24
illness, which are maintained by the department of social and health 25
services or the authority, by behavioral health administrative 26
services organizations and their staffs, by managed care 27
organizations and their staffs, or by treatment facilities. 28
"Treatment records" do not include notes or records maintained for 29
personal use by a person providing treatment services for the 30
entities listed in this subsection, or a treatment facility if the 31
notes or records are not available to others. 32
(((42))) (43) "Mentally ill persons," "persons who are mentally 33
ill," and "the mentally ill" mean persons and conditions defined in 34
subsections (3), (13), (((51))) (52), and (((52))) (53) of this 35
section. 36
(((43))) (44) "Mobile rapid response crisis team" means a team 37
that provides professional on-site community-based intervention such 38
as outreach, de-escalation, stabilization, resource connection, and 39
follow-up support for individuals who are experiencing a behavioral 40
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health crisis, that shall include certified peer counselors as a best 1
practice to the extent practicable based on workforce availability, 2
and that meets standards for response times established by the 3
authority. 4
(((44))) (45) "Recovery" means a process of change through which 5
individuals improve their health and wellness, live a self-directed 6
life, and strive to reach their full potential. 7
(((45))) (46) "Regional crisis line" means the behavioral health 8
crisis hotline in each regional service area which provides crisis 9
response services 24 hours a day, seven days a week, 365 days a year 10
including but not limited to dispatch of mobile rapid response crisis 11
teams, community-based crisis teams, and designated crisis 12
responders. 13
(((46))) (47) "Research-based" means a program or practice that 14
has been tested with a single randomized, or statistically controlled 15
evaluation, or both, demonstrating sustained desirable outcomes; or 16
where the weight of the evidence from a systemic review supports 17
sustained outcomes as described in subsection (((31))) (32) of this 18
section but does not meet the full criteria for evidence-based.19
(((47))) (48) "Residential services" means a complete range of 20
residences and supports authorized by resource management services 21
and which may involve a facility, a distinct part thereof, or 22
services which support community living, for persons who are acutely 23
mentally ill, adults who are chronically mentally ill, children who 24
are severely emotionally disturbed, or adults who are seriously 25
disturbed and determined by the behavioral health administrative 26
services organization or managed care organization to be at risk of 27
becoming acutely or chronically mentally ill. The services shall 28
include at least evaluation and treatment services as defined in 29
chapter 71.05 RCW, acute crisis respite care, long-term adaptive and 30
rehabilitative care, and supervised and supported living services, 31
and shall also include any residential services developed to service 32
persons who are mentally ill in nursing homes, residential treatment 33
facilities, assisted living facilities, and adult family homes, and 34
may include outpatient services provided as an element in a package 35
of services in a supported housing model. Residential services for 36
children in out-of-home placements related to their mental disorder 37
shall not include the costs of food and shelter, except for 38
children's long-term residential facilities existing prior to January 39
1, 1991. 40
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(((48))) (49) "Resilience" means the personal and community 1
qualities that enable individuals to rebound from adversity, trauma, 2
tragedy, threats, or other stresses, and to live productive lives.3
(((49))) (50) "Resource management services" mean the planning, 4
coordination, and authorization of residential services and community 5
support services administered pursuant to an individual service plan 6
for: (a) Adults and children who are acutely mentally ill; (b) adults 7
who are chronically mentally ill; (c) children who are severely 8
emotionally disturbed; or (d) adults who are seriously disturbed and 9
determined by a behavioral health administrative services 10
organization or managed care organization to be at risk of becoming 11
acutely or chronically mentally ill. Such planning, coordination, and 12
authorization shall include mental health screening for children 13
eligible under the federal Title XIX early and periodic screening, 14
diagnosis, and treatment program. Resource management services 15
include seven day a week, 24 hour a day availability of information 16
regarding enrollment of adults and children who are mentally ill in 17
services and their individual service plan to designated crisis 18
responders, evaluation and treatment facilities, and others as 19
determined by the behavioral health administrative services 20
organization or managed care organization, as applicable.21
(((50))) (51) "Secretary" means the secretary of the department 22
of health. 23
(((51))) (52) "Seriously disturbed person" means a person who:24
(a) Is gravely disabled or presents a likelihood of serious harm 25
to himself or herself or others, or to the property of others, as a 26
result of a mental disorder as defined in chapter 71.05 RCW;27
(b) Has been on conditional release status, or under a less 28
restrictive alternative order, at some time during the preceding two 29
years from an evaluation and treatment facility or a state mental 30
health hospital; 31
(c) Has a mental disorder which causes major impairment in 32
several areas of daily living; 33
(d) Exhibits suicidal preoccupation or attempts; or34
(e) Is a child diagnosed by a mental health professional, as 35
defined in chapter 71.34 RCW, as experiencing a mental disorder which 36
is clearly interfering with the child's functioning in family or 37
school or with peers or is clearly interfering with the child's 38
personality development and learning. 39
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(((52))) (53) "Severely emotionally disturbed child" or "child 1
who is severely emotionally disturbed" means a child who has been 2
determined by the behavioral health administrative services 3
organization or managed care organization, if applicable, to be 4
experiencing a mental disorder as defined in chapter 71.34 RCW, 5
including those mental disorders that result in a behavioral or 6
conduct disorder, that is clearly interfering with the child's 7
functioning in family or school or with peers and who meets at least 8
one of the following criteria: 9
(a) Has undergone inpatient treatment or placement outside of the 10
home related to a mental disorder within the last two years;11
(b) Has undergone involuntary treatment under chapter 71.34 RCW 12
within the last two years; 13
(c) Is currently served by at least one of the following child-14
serving systems: Juvenile justice, child-protection/welfare, special 15
education, or developmental disabilities; 16
(d) Is at risk of escalating maladjustment due to:17
(i) Chronic family dysfunction involving a caretaker who is 18
mentally ill or inadequate; 19
(ii) Changes in custodial adult; 20
(iii) Going to, residing in, or returning from any placement 21
outside of the home, for example, behavioral health hospital, short-22
term inpatient, residential treatment, group or foster home, or a 23
correctional facility; 24
(iv) Subject to repeated physical abuse or neglect;25
(v) Drug or alcohol abuse; or 26
(vi) Homelessness. 27
(((53))) (54) "State minimum standards" means minimum 28
requirements established by rules adopted and necessary to implement 29
this chapter by: 30
(a) The authority for: 31
(i) Delivery of mental health and substance use disorder 32
services; and 33
(ii) Community support services and resource management services;34
(b) The department of health for: 35
(i) Licensed or certified behavioral health agencies for the 36
purpose of providing mental health or substance use disorder programs 37
and services, or both; 38
(ii) Licensed behavioral health providers for the provision of 39
mental health or substance use disorder services, or both; and40
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(iii) Residential services. 1
(((54))) (55) "Substance use disorder" means a cluster of 2
cognitive, behavioral, and physiological symptoms indicating that an 3
individual continues using the substance despite significant 4
substance-related problems. The diagnosis of a substance use disorder 5
is based on a pathological pattern of behaviors related to the use of 6
the substances. 7
(((55))) (56) "Tribe," for the purposes of this section, means a 8
federally recognized Indian tribe. 9
Sec. 4. RCW 5.60.060 and 2024 c 295 s 6 are each amended to read 10
as follows: 11
(1) A spouse or domestic partner shall not be examined for or 12
against his or her spouse or domestic partner, without the consent of 13
the spouse or domestic partner; nor can either during marriage or 14
during the domestic partnership or afterward, be without the consent 15
of the other, examined as to any communication made by one to the 16
other during the marriage or the domestic partnership. But this 17
exception shall not apply to a civil action or proceeding by one 18
against the other, nor to a criminal action or proceeding for a crime 19
committed by one against the other, nor to a criminal action or 20
proceeding against a spouse or domestic partner if the marriage or 21
the domestic partnership occurred subsequent to the filing of formal 22
charges against the defendant, nor to a criminal action or proceeding 23
for a crime committed by said spouse or domestic partner against any 24
child of whom said spouse or domestic partner is the parent or 25
guardian, nor to a proceeding under chapter 71.05 or 71.09 RCW: 26
PROVIDED, That the spouse or the domestic partner of a person sought 27
to be detained under chapter 71.05 or 71.09 RCW may not be compelled 28
to testify and shall be so informed by the court prior to being 29
called as a witness. 30
(2)(a) An attorney or counselor shall not, without the consent of 31
his or her client, be examined as to any communication made by the 32
client to him or her, or his or her advice given thereon in the 33
course of professional employment. 34
(b) A parent or guardian of a minor child arrested on a criminal 35
charge may not be examined as to a communication between the child 36
and his or her attorney if the communication was made in the presence 37
of the parent or guardian. This privilege does not extend to 38
communications made prior to the arrest. 39
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(3) A member of the clergy, a Christian Science practitioner 1
listed in the Christian Science Journal, or a priest shall not, 2
without the consent of a person making the confession or sacred 3
confidence, be examined as to any confession or sacred confidence 4
made to him or her in his or her professional character, in the 5
course of discipline enjoined by the church to which he or she 6
belongs. 7
(4) Subject to the limitations under RCW 71.05.217 (6) and (7), a 8
physician or surgeon or osteopathic physician or surgeon or podiatric 9
physician or surgeon shall not, without the consent of his or her 10
patient, be examined in a civil action as to any information acquired 11
in attending such patient, which was necessary to enable him or her 12
to prescribe or act for the patient, except as follows:13
(a) In any judicial proceedings regarding a child's injury, 14
neglect, or sexual abuse or the cause thereof; and15
(b) Ninety days after filing an action for personal injuries or 16
wrongful death, the claimant shall be deemed to waive the physician-17
patient privilege. Waiver of the physician-patient privilege for any 18
one physician or condition constitutes a waiver of the privilege as 19
to all physicians or conditions, subject to such limitations as a 20
court may impose pursuant to court rules. 21
(5) A public officer shall not be examined as a witness as to 22
communications made to him or her in official confidence, when the 23
public interest would suffer by the disclosure. 24
(6)(a) A peer supporter shall not, without consent of the peer 25
support services recipient making the communication, be compelled to 26
testify about any communication made to the peer supporter by the 27
peer support services recipient while receiving individual or group 28
services. The peer supporter must be designated as such by their 29
employing agency prior to providing peer support services. The 30
privilege only applies when the communication was made to the peer 31
supporter while acting in his or her capacity as a peer supporter. 32
The privilege applies regardless of whether the peer support services 33
recipient is an employee of the same agency as the peer supporter. 34
Peer support services may be coordinated or designated among first 35
responder agencies pursuant to chapter 10.93 RCW, interlocal 36
agreement, or other similar provision, provided however that a 37
written agreement is not required for the privilege to apply. The 38
privilege does not apply if the peer supporter was an initial 39
responding first responder, department of corrections staff person, 40
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or jail staff person; a witness; or a party to the incident which 1
prompted the delivery of peer support services to the peer support 2
services recipient. 3
(b) For purposes of this section: 4
(i) "First responder" means: 5
(A) A law enforcement officer; 6
(B) A limited authority law enforcement officer;7
(C) A firefighter; 8
(D) An emergency services dispatcher or recordkeeper;9
(E) Emergency medical personnel, as licensed or certified by this 10
state; 11
(F) A member or former member of the Washington national guard 12
acting in an emergency response capacity pursuant to chapter 38.52 13
RCW; ((or))14
(G) A coroner or medical examiner, or a coroner's or medical 15
examiner's agent or employee; or16
(H) An individual engaged in co-response services, as defined in 17
RCW 71.24.025. 18
(ii) "Law enforcement officer" means a general authority 19
Washington peace officer as defined in RCW 10.93.020.20
(iii) "Limited authority law enforcement officer" means a limited 21
authority Washington peace officer as defined in RCW 10.93.020 who is 22
employed by the department of corrections, state parks and recreation 23
commission, department of natural resources, liquor and cannabis 24
board, or Washington state gambling commission. 25
(iv) "Peer support services recipient" means: 26
(A) A first responder; 27
(B) A department of corrections staff person; or28
(C) A jail staff person. 29
(v) "Peer supporter" means: 30
(A) A first responder, retired first responder, department of 31
corrections staff person, or jail staff person or a civilian employee 32
of a first responder entity or agency, local jail, or state agency 33
who has received training to provide emotional and moral support and 34
services to a peer support services recipient who needs those 35
services as a result of an incident or incidents in which the peer 36
support services recipient was involved while acting in his or her 37
official capacity or to deal with other stress that is impacting the 38
peer support services recipient's performance of official duties; or39
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(B) A nonemployee who has been designated by the first responder 1
entity or agency, local jail, statewide organization focused on co-2
response outreach, or state agency to provide emotional and moral 3
support and counseling to a peer support services recipient who needs 4
those services as a result of an incident or incidents in which the 5
peer support services recipient was involved while acting in his or 6
her official capacity. 7
(7) A sexual assault advocate may not, without the consent of the 8
victim, be examined as to any communication made between the victim 9
and the sexual assault advocate. 10
(a) For purposes of this section, "sexual assault advocate" means 11
the employee or volunteer from a community sexual assault program or 12
underserved populations provider, victim assistance unit, program, or 13
association, that provides information, medical or legal advocacy, 14
counseling, or support to victims of sexual assault, who is 15
designated by the victim to accompany the victim to the hospital or 16
other health care facility and to proceedings concerning the alleged 17
assault, including police and prosecution interviews and court 18
proceedings. 19
(b) A sexual assault advocate may disclose a confidential 20
communication without the consent of the victim if failure to 21
disclose is likely to result in a clear, imminent risk of serious 22
physical injury or death of the victim or another person. Any sexual 23
assault advocate participating in good faith in the disclosing of 24
records and communications under this section shall have immunity 25
from any liability, civil, criminal, or otherwise, that might result 26
from the action. In any proceeding, civil or criminal, arising out of 27
a disclosure under this section, the good faith of the sexual assault 28
advocate who disclosed the confidential communication shall be 29
presumed. 30
(8) A domestic violence advocate may not, without the consent of 31
the victim, be examined as to any communication between the victim 32
and the domestic violence advocate. 33
(a) For purposes of this section, "domestic violence advocate" 34
means an employee or supervised volunteer from a community -based 35
domestic violence program or human services program that provides 36
information, advocacy, counseling, crisis intervention, emergency 37
shelter, or support to victims of domestic violence and who is not 38
employed by, or under the direct supervision of, a law enforcement 39
agency, a prosecutor's office, or the child protective services 40
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section of the department of children, youth, and families as defined 1
in RCW 26.44.020. 2
(b) A domestic violence advocate may disclose a confidential 3
communication without the consent of the victim if failure to 4
disclose is likely to result in a clear, imminent risk of serious 5
physical injury or death of the victim or another person. This 6
section does not relieve a domestic violence advocate from the 7
requirement to report or cause to be reported an incident under RCW 8
26.44.030(1) or to disclose relevant records relating to a child as 9
required by RCW 26.44.030(15). Any domestic violence advocate 10
participating in good faith in the disclosing of communications under 11
this subsection is immune from liability, civil, criminal, or 12
otherwise, that might result from the action. In any proceeding, 13
civil or criminal, arising out of a disclosure under this subsection, 14
the good faith of the domestic violence advocate who disclosed the 15
confidential communication shall be presumed. 16
(9) A mental health counselor, independent clinical social 17
worker, or marriage and family therapist licensed under chapter 18
18.225 RCW may not disclose, or be compelled to testify about, any 19
information acquired from persons consulting the individual in a 20
professional capacity when the information was necessary to enable 21
the individual to render professional services to those persons 22
except: 23
(a) With the written authorization of that person or, in the case 24
of death or disability, the person's personal representative;25
(b) If the person waives the privilege by bringing charges 26
against the mental health counselor licensed under chapter 18.225 27
RCW; 28
(c) In response to a subpoena from the secretary of health. The 29
secretary may subpoena only records related to a complaint or report 30
under RCW 18.130.050; 31
(d) As required under chapter 26.44 or 74.34 RCW or RCW 71.05.217 32
(6) or (7); or 33
(e) To any individual if the mental health counselor, independent 34
clinical social worker, or marriage and family therapist licensed 35
under chapter 18.225 RCW reasonably believes that disclosure will 36
avoid or minimize an imminent danger to the health or safety of the 37
individual or any other individual; however, there is no obligation 38
on the part of the provider to so disclose. 39
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(10) An individual who acts as a sponsor providing guidance, 1
emotional support, and counseling in an individualized manner to a 2
person participating in an alcohol or drug addiction recovery 3
fellowship may not testify in any civil action or proceeding about 4
any communication made by the person participating in the addiction 5
recovery fellowship to the individual who acts as a sponsor except 6
with the written authorization of that person or, in the case of 7
death or disability, the person's personal representative.8
(11)(a) Neither a union representative nor an employee the union 9
represents or has represented shall be examined as to, or be required 10
to disclose, any communication between an employee and union 11
representative or between union representatives made in the course of 12
union representation except: 13
(i) To the extent such examination or disclosure appears 14
necessary to prevent the commission of a crime that is likely to 15
result in a clear, imminent risk of serious physical injury or death 16
of a person; 17
(ii) In actions, civil or criminal, in which the represented 18
employee is accused of a crime or assault or battery;19
(iii) In actions, civil or criminal, where a union member is a 20
party to the action, the union member may obtain a copy of any 21
statement previously given by that union member concerning the 22
subject matter of the action and may elicit testimony concerning such 23
statements. The right of the union member to obtain such statements, 24
or the union member's possession of such statements, does not render 25
them discoverable over the objection of the union member;26
(iv) In actions, regulatory, civil, or criminal, against the 27
union or its affiliated, subordinate, or parent bodies or their 28
agents; or 29
(v) When an admission of, or intent to engage in, criminal 30
conduct is revealed by the represented union member to the union 31
representative. 32
(b) The privilege created in this subsection (11) does not apply 33
to any record of communications that would otherwise be subject to 34
disclosure under chapter 42.56 RCW. 35
(c) The privilege created in this subsection (11) may not 36
interfere with an employee's or union representative's applicable 37
statutory mandatory reporting requirements, including but not limited 38
to duties to report in chapters 26.44, 43.101, and 74.34 RCW.39
(d) For purposes of this subsection: 40
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(i) "Employee" means a person represented by a certified or 1
recognized union regardless of whether the employee is a member of 2
the union. 3
(ii) "Union" means any lawful organization that has as one of its 4
primary purposes the representation of employees in their employment 5
relations with employers, including without limitation labor 6
organizations defined by 29 U.S.C. Sec. 152 (5) and 5 U.S.C. Sec. 7
7103(a)(4), representatives defined by 45 U.S.C. Sec. 151, and 8
bargaining representatives defined in RCW 41.56.030, and employee 9
organizations as defined in RCW 28B.52.020, 41.59.020, 41.80.005, 10
41.76.005, 47.64.011, and 53.18.010. 11
(iii) "Union representation" means action by a union on behalf of 12
one or more employees it represents in regard to their employment 13
relations with employers, including personnel matters, grievances, 14
labor disputes, wages, rates of pay, hours of employment, conditions 15
of work, or collective bargaining. 16
(iv) "Union representative" means a person authorized by a union 17
to act for the union in regard to union representation.18
(v) "Communication" includes any oral, written, or electronic 19
communication or document containing such communication.20
Sec. 5. RCW 51.32.181 and 2022 c 290 s 1 are each amended to 21
read as follows: 22
(1) For frontline employees who are covered under this title, 23
there exists a prima facie presumption that any infectious or 24
contagious diseases that are transmitted through respiratory droplets 25
or aerosols, or through contact with contaminated surfaces and are 26
the subject of a public health emergency are occupational diseases 27
under RCW 51.08.140 during a public health emergency.28
(2) The frontline employee must provide verification, as required 29
by the department by rule, to the department and the self-insured 30
employer that the employee has contracted the infectious or 31
contagious disease that is the subject of the public health 32
emergency. 33
(3) This presumption of occupational disease may be rebutted by a 34
preponderance of the evidence that: 35
(a) The exposure to the infectious or contagious disease which is 36
the subject of the public health emergency occurred from other 37
employment or nonemployment activities; or 38
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(b) The employee was working from the employee's home, on leave 1
from the employee's employment, or some combination thereof, for the 2
period of quarantine consistent with recommended guidance from state 3
and federal health officials for the disease immediately prior to the 4
employee's injury, occupational disease, or period of incapacity that 5
resulted from exposure to the disease which is the subject of the 6
public health emergency. 7
(4)(a) RCW 51.32.090(7) does not apply to an occupational disease 8
under this section except that no worker shall receive compensation 9
for or during the day on which the occupational disease was 10
contracted. For the purposes of this subsection (4), the day on which 11
the occupational disease was contracted is whichever date occurs 12
first of the following: 13
(i) The date that the worker first missed work due to symptoms of 14
the infectious or contagious disease; 15
(ii) The date the worker was quarantined by a medical provider or 16
public health official; or 17
(iii) The date the worker received a positive test result 18
confirming contraction of the infectious or contagious disease.19
(b) If leave or similar benefits are paid to the frontline 20
employee as part of a federal or state program for these employees 21
during the public health emergency, temporary total disability 22
benefits are not payable for the same period of time covered by the 23
federal or state program. 24
(5) When calculating assessments due to the department for which 25
total claim costs are the basis, self-insured employers and self-26
insurance hospital groups formed under RCW 51.14.150 and 51.14.160 27
may deduct the cost of payments made under this section from the 28
total of all claim costs reported. 29
(6) Costs of the payments under this section shall not affect the 30
experience rating of employers insured by the state fund.31
(7) As used in this section: 32
(a) "Assisted living facility" has the same meaning as in RCW 33
18.20.020. 34
(b) "Farm work" means work performed on a farm, in the employ of 35
any person, in connection with the cultivation of the soil, or in 36
connection with raising or harvesting any agricultural or 37
horticultural commodity, including raising, shearing, feeding, caring 38
for, training, and management of livestock, bees, poultry, and 39
furbearing animals and wildlife, or in the employ of the owner or 40
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tenant or other operator of a farm in connection with the operation, 1
management, conservation, improvement, or maintenance of such farm 2
and its tools and equipment. For the purposes of this subsection, 3
"farm work" includes floriculture. 4
(c) "Food distribution work" means work where the primary duties 5
include transporting food from food producers or manufacturers to 6
food warehouses or food service operators and retailers.7
(d) "Food manufacturing work" means work performed for an 8
employer whose North American industry classification code is within 9
"311." 10
(e) "Food processing work" means work handling or processing of 11
any food in any manner of preparation for sale for an employer 12
required to be licensed by the department of agriculture under 13
chapter 69.07 RCW. 14
(f) "Frontline employee" includes the following employees:15
(i) First responders, including law enforcement officers, 16
firefighters, emergency medical service providers, paramedics, 17
((and)) ambulance drivers, and other members of first response teams 18
engaged in co-response, as defined in RCW 71.24.025. "Firefighters" 19
includes wildland firefighters when performing wildfire suppression 20
or other emergency duties under the incident command system if the 21
firefighter has in-person interaction with the general public or 22
other firefighters as part of their job duties; 23
(ii) Employees performing food processing, food manufacturing, 24
food distribution, farm, and meat packing work; 25
(iii) Maintenance, janitorial, and food service workers at any 26
facility treating patients diagnosed with the infectious or 27
contagious disease that is the subject of the public health 28
emergency; 29
(iv) Drivers and operators employed by a transit agency or any 30
other public entity authorized under state law to provide mass 31
transportation services to the general public; 32
(v) Employees working at a child care facility licensed by the 33
department of children, youth, and families under chapter 43.216 RCW, 34
if the employee has in-person interaction with children or other 35
members of the general public as part of their job duties;36
(vi) Employees employed by a retail store that remains open to 37
the general public during the public health emergency, if the 38
employee has in-person interaction with the general public as part of 39
their job duties or has in-person interaction with other employees. 40
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For the purposes of this subsection, "retail store" means a business 1
whose North American industry classification code is within "44-45";2
(vii) Employees employed by a hotel, motel, or other transient 3
accommodation licensed under chapter 70.62 RCW that remains open to 4
the general public during the public health emergency, if the 5
employee has in-person interaction with the general public as part of 6
their job duties or has in-person interaction with other employees;7
(viii) Employees employed by a restaurant, if the employee has 8
in-person interaction with the general public as part of their job 9
duties or works in the kitchen of the restaurant and has in-person 10
interaction with other employees. For the purposes of this 11
subsection, "restaurant" has the same meaning as in RCW 66.04.010;12
(ix) Home care aides certified under chapter 18.88B RCW and home 13
health aides that provide services under chapter 70.126 RCW that 14
primarily work in the home of the individual receiving care;15
(x)(A) Corrections officers and correctional support employees 16
working at a correctional institution. 17
(B) For the purposes of this subsection (7)(f)(x):18
(I) "Correctional institution" has the same meaning as in RCW 19
9.94.049. 20
(II) "Corrections officer" means any corrections agency employee 21
whose primary job function is to provide custody, safety, and 22
security of prisoners in jails and detention facilities.23
(III) "Correctional support employee" means any employee who 24
provides food services or janitorial services in a correctional 25
institution; 26
(xi) Educational employees, including classroom teachers, 27
paraeducators, principals, librarians, school bus drivers, and other 28
educational support staff, of any school district, or a contractor of 29
a school district, that are required to be physically present at a 30
school or on the grounds of a school where classes are being taught 31
in person, in a transportation vehicle necessary for school 32
operations, or in the home of a student as part of their job duties, 33
if the employee has in-person interaction with students, a student's 34
family members, or other employees as part of their job duties;35
(xii) Employees of institutions of higher education that are 36
required to be physically present on campus when classes are being 37
taught in person, if the employee has in-person interaction with 38
students or the general public as part of their job duties. For the 39
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purposes of this subsection, "institution of higher education" has 1
the same meaning as in RCW 28B.10.016; 2
(xiii) Employees employed by a public library that remains open 3
to the general public during the public health emergency, if the 4
employee has in-person interaction with the general public as part of 5
their job duties or has in-person interaction with other employees. 6
For the purposes of this subsection, "public library" means a library 7
covered by chapter 27.12 RCW; 8
(xiv) Employees employed by the department of licensing who are 9
assigned to review, process, approve, and issue driver licenses to 10
the general public, if the employee has in-person interaction with 11
the general public as part of their job duties or has in-person 12
interaction with other employees. 13
(g) "Meat packing work" means work slaughtering animals and 14
processing and packaging meat products for sale and the rendering of 15
animal by-products. 16
(h) "Nursing home" means a nursing home licensed under chapter 17
18.51 RCW. 18
(i) "Public health emergency" means a declaration or order 19
concerning any infectious or contagious diseases, including a 20
pandemic and is issued as follows: 21
(i) The president of the United States has declared a national or 22
regional emergency that covers every county in the state of 23
Washington; or 24
(ii) The governor of Washington has declared a state of emergency 25
under RCW 43.06.010(12) in every county in the state.26
(j) "School" has the same meaning as in RCW 28A.210.070.27
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