Invol. treatment counsel

AN ACT Relating to appointed counsel for individuals detained 1
under the involuntary treatment act; amending RCW 71.05.110, 2
71.05.130, 71.05.730, 72.23.010, 72.23.020, and 2.70.023; reenacting 3
and amending RCW 71.05.020, 71.05.020, 71.34.020, and 71.34.020; 4
repealing 2024 c 62 ss 26 and 27; providing contingent effective 5
dates; providing contingent expiration dates; and declaring an 6
emergency. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
Sec. 1. RCW 71.05.020 and 2024 c 371 s 17, 2024 c 209 s 5, and 9
2024 c 62 s 18 are each reenacted and amended to read as follows:10
The definitions in this section apply throughout this chapter 11
unless the context clearly requires otherwise. 12
(1) "23-hour crisis relief center" has the same meaning as under 13
RCW 71.24.025; 14
(2) "Admission" or "admit" means a decision by a physician, 15
physician assistant, or psychiatric advanced registered nurse 16
practitioner that a person should be examined or treated as a patient 17
in a hospital; 18
(3) "Alcoholism" means a disease, characterized by a dependency 19
on alcoholic beverages, loss of control over the amount and 20
circumstances of use, symptoms of tolerance, physiological or 21
H-1221.1
HOUSE BILL 1905
State of Washington 69th Legislature 2025 Regular Session
By Representatives Macri, Farivar, Simmons, Ormsby, Scott, Parshley,
Pollet, and Hill
Read first time 02/10/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1905
psychological withdrawal, or both, if use is reduced or discontinued, 1
and impairment of health or disruption of social or economic 2
functioning; 3
(4) "Antipsychotic medications" means that class of drugs 4
primarily used to treat serious manifestations of mental illness 5
associated with thought disorders, which includes, but is not limited 6
to atypical antipsychotic medications; 7
(5) "Approved substance use disorder treatment program" means a 8
program for persons with a substance use disorder provided by a 9
treatment program certified by the department as meeting standards 10
adopted under chapter 71.24 RCW; 11
(6) "Attending staff" means any person on the staff of a public 12
or private agency having responsibility for the care and treatment of 13
a patient; 14
(7) "Authority" means the Washington state health care authority;15
(8) "Behavioral health disorder" means either a mental disorder 16
as defined in this section, a substance use disorder as defined in 17
this section, or a co-occurring mental disorder and substance use 18
disorder; 19
(9) "Behavioral health service provider" means a public or 20
private agency that provides mental health, substance use disorder, 21
or co-occurring disorder services to persons with behavioral health 22
disorders as defined under this section and receives funding from 23
public sources. This includes, but is not limited to: Hospitals 24
licensed under chapter 70.41 RCW; evaluation and treatment facilities 25
as defined in this section; community mental health service delivery 26
systems or community behavioral health programs as defined in RCW 27
71.24.025; licensed or certified behavioral health agencies under RCW 28
71.24.037; an entity with a tribal attestation that it meets minimum 29
standards or a licensed or certified behavioral health agency as 30
defined in RCW 71.24.025; facilities conducting competency 31
evaluations and restoration under chapter 10.77 RCW; approved 32
substance use disorder treatment programs as defined in this section; 33
secure withdrawal management and stabilization facilities as defined 34
in this section; and correctional facilities operated by state, 35
local, and tribal governments; 36
(10) "Co-occurring disorder specialist" means an individual 37
possessing an enhancement granted by the department of health under 38
chapter 18.205 RCW that certifies the individual to provide substance 39
p. 2 HB 1905
use disorder counseling subject to the practice limitations under RCW 1
18.205.105; 2
(11) "Commitment" means the determination by a court that a 3
person should be detained for a period of either evaluation or 4
treatment, or both, in an inpatient or a less restrictive setting;5
(12) "Community behavioral health agency" has the same meaning as 6
"licensed or certified behavioral health agency" defined in RCW 7
71.24.025; 8
(13) "Conditional release" means a revocable modification of a 9
commitment, which may be revoked upon violation of any of its terms;10
(14) "Crisis stabilization unit" means a short-term facility or a 11
portion of a facility licensed or certified by the department, such 12
as an evaluation and treatment facility or a hospital, which has been 13
designed to assess, diagnose, and treat individuals experiencing an 14
acute crisis without the use of long-term hospitalization, or to 15
determine the need for involuntary commitment of an individual;16
(15) "Custody" means involuntary detention under the provisions 17
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 18
unconditional release from commitment from a facility providing 19
involuntary care and treatment; 20
(16) "Department" means the department of health;21
(17) "Designated crisis responder" means a mental health 22
professional appointed by the county, by an entity appointed by the 23
county, or by the authority in consultation with a tribe or after 24
meeting and conferring with an Indian health care provider, to 25
perform the duties specified in this chapter; 26
(18) "Detention" or "detain" means the lawful confinement of a 27
person, under the provisions of this chapter; 28
(19) "Developmental disabilities professional" means a person who 29
has specialized training and three years of experience in directly 30
treating or working with persons with developmental disabilities and 31
is a psychiatrist, physician assistant working with a psychiatrist 32
who is acting as a participating physician as defined in RCW 33
18.71A.010, psychologist, psychiatric advanced registered nurse 34
practitioner, or social worker, and such other developmental 35
disabilities professionals as may be defined by rules adopted by the 36
secretary of the department of social and health services;37
(20) "Developmental disability" means that condition defined in 38
RCW 71A.10.020(6); 39
(21) "Director" means the director of the authority;40
p. 3 HB 1905
(22) "Discharge" means the termination of hospital medical 1
authority. The commitment may remain in place, be terminated, or be 2
amended by court order; 3
(23) "Drug addiction" means a disease, characterized by a 4
dependency on psychoactive chemicals, loss of control over the amount 5
and circumstances of use, symptoms of tolerance, physiological or 6
psychological withdrawal, or both, if use is reduced or discontinued, 7
and impairment of health or disruption of social or economic 8
functioning; 9
(24) "Evaluation and treatment facility" means any facility which 10
can provide directly, or by direct arrangement with other public or 11
private agencies, emergency evaluation and treatment, outpatient 12
care, and timely and appropriate inpatient care to persons suffering 13
from a mental disorder, and which is licensed or certified as such by 14
the department. The authority may certify single beds as temporary 15
evaluation and treatment beds under RCW 71.05.745. A physically 16
separate and separately operated portion of a state hospital may be 17
designated as an evaluation and treatment facility. A facility which 18
is part of, or operated by, the department of social and health 19
services or any federal agency will not require certification. No 20
correctional institution or facility, or jail, shall be an evaluation 21
and treatment facility within the meaning of this chapter;22
(25) "Gravely disabled" means a condition in which a person, as a 23
result of a behavioral health disorder: (a) Is in danger of serious 24
physical harm resulting from a failure to provide for his or her 25
essential human needs of health or safety; or (b) manifests severe 26
deterioration in routine functioning evidenced by repeated and 27
escalating loss of cognitive or volitional control over his or her 28
actions and is not receiving such care as is essential for his or her 29
health or safety; 30
(26) "Habilitative services" means those services provided by 31
program personnel to assist persons in acquiring and maintaining life 32
skills and in raising their levels of physical, mental, social, and 33
vocational functioning. Habilitative services include education, 34
training for employment, and therapy. The habilitative process shall 35
be undertaken with recognition of the risk to the public safety 36
presented by the person being assisted as manifested by prior charged 37
criminal conduct; 38
(27) "Hearing" means any proceeding conducted in open court that 39
conforms to the requirements of RCW 71.05.820; 40
p. 4 HB 1905
(28) "History of one or more violent acts" refers to the period 1
of time ten years prior to the filing of a petition under this 2
chapter, excluding any time spent, but not any violent acts 3
committed, in a behavioral health facility, or in confinement as a 4
result of a criminal conviction; 5
(29) "Imminent" means the state or condition of being likely to 6
occur at any moment or near at hand, rather than distant or remote;7
(30) "In need of assisted outpatient treatment" refers to a 8
person who meets the criteria for assisted outpatient treatment 9
established under RCW 71.05.148; 10
(31) "Individualized service plan" means a plan prepared by a 11
developmental disabilities professional with other professionals as a 12
team, for a person with developmental disabilities, which shall 13
state: 14
(a) The nature of the person's specific problems, prior charged 15
criminal behavior, and habilitation needs; 16
(b) The conditions and strategies necessary to achieve the 17
purposes of habilitation; 18
(c) The intermediate and long-range goals of the habilitation 19
program, with a projected timetable for the attainment;20
(d) The rationale for using this plan of habilitation to achieve 21
those intermediate and long-range goals; 22
(e) The staff responsible for carrying out the plan;23
(f) Where relevant in light of past criminal behavior and due 24
consideration for public safety, the criteria for proposed movement 25
to less-restrictive settings, criteria for proposed eventual 26
discharge or release, and a projected possible date for discharge or 27
release; and 28
(g) The type of residence immediately anticipated for the person 29
and possible future types of residences; 30
(32) "Intoxicated person" means a person whose mental or physical 31
functioning is substantially impaired as a result of the use of 32
alcohol or other psychoactive chemicals; 33
(33) "Judicial commitment" means a commitment by a court pursuant 34
to the provisions of this chapter; 35
(34) "Legal counsel" means attorneys and staff employed by county 36
prosecutor offices or the state attorney general acting in their 37
capacity as legal representatives of public behavioral health service 38
providers under RCW 71.05.130; 39
p. 5 HB 1905
(35) "Less restrictive alternative treatment" means a program of 1
individualized treatment in a less restrictive setting than inpatient 2
treatment that includes the services described in RCW 71.05.585. This 3
term includes: Treatment pursuant to a less restrictive alternative 4
treatment order under RCW 71.05.240 or 71.05.320; treatment pursuant 5
to a conditional release under RCW 71.05.340; and treatment pursuant 6
to an assisted outpatient treatment order under RCW 71.05.148;7
(36) "Licensed physician" means a person licensed to practice 8
medicine or osteopathic medicine and surgery in the state of 9
Washington; 10
(37) "Likelihood of serious harm" means: 11
(a) A substantial risk that: (i) Physical harm will be inflicted 12
by a person upon his or her own person, as evidenced by threats or 13
attempts to commit suicide or inflict physical harm on oneself; (ii) 14
physical harm will be inflicted by a person upon another, as 15
evidenced by behavior which has caused such harm or which places 16
another person or persons in reasonable fear of sustaining such harm; 17
or (iii) physical harm will be inflicted by a person upon the 18
property of others, as evidenced by behavior which has caused 19
substantial loss or damage to the property of others; or20
(b) The person has threatened the physical safety of another and 21
has a history of one or more violent acts; 22
(38) "Medical clearance" means a physician or other health care 23
provider, including an Indian health care provider, has determined 24
that a person is medically stable and ready for referral to the 25
designated crisis responder or facility. For a person presenting in 26
the community, no medical clearance is required prior to 27
investigation by a designated crisis responder; 28
(39) "Mental disorder" means any organic, mental, or emotional 29
impairment which has substantial adverse effects on a person's 30
cognitive or volitional functions; 31
(40) "Mental health professional" means an individual practicing 32
within the mental health professional's statutory scope of practice 33
who is: 34
(a) A psychiatrist, psychologist, physician assistant working 35
with a psychiatrist who is acting as a participating physician as 36
defined in RCW 18.71A.010, psychiatric advanced registered nurse 37
practitioner, psychiatric nurse, or social worker, as defined in this 38
chapter and chapter 71.34 RCW; 39
p. 6 HB 1905
(b) A mental health counselor, mental health counselor associate, 1
marriage and family therapist, or marriage and family therapist 2
associate, as defined in chapter 18.225 RCW; 3
(c) A certified or licensed agency affiliated counselor, as 4
defined in chapter 18.19 RCW; or 5
(d) A licensed psychological associate as described in chapter 6
18.83 RCW; 7
(41) "Peace officer" means a law enforcement official of a public 8
agency or governmental unit, and includes persons specifically given 9
peace officer powers by any state law, local ordinance, or judicial 10
order of appointment; 11
(42) "Physician assistant" means a person licensed as a physician 12
assistant under chapter 18.71A RCW; 13
(43) "Private agency" means any person, partnership, corporation, 14
or association that is not a public agency, whether or not financed 15
in whole or in part by public funds, which constitutes an evaluation 16
and treatment facility or private institution, or hospital, or 17
approved substance use disorder treatment program, which is conducted 18
for, or includes a department or ward conducted for, the care and 19
treatment of persons with behavioral health disorders;20
(44) "Professional person" means a mental health professional, 21
substance use disorder professional, or designated crisis responder 22
and shall also mean a physician, physician assistant, psychiatric 23
advanced registered nurse practitioner, registered nurse, and such 24
others as may be defined by rules adopted by the secretary pursuant 25
to the provisions of this chapter; 26
(45) "Psychiatric advanced registered nurse practitioner" means a 27
person who is licensed as an advanced registered nurse practitioner 28
pursuant to chapter 18.79 RCW; and who is board certified in advanced 29
practice psychiatric and mental health nursing; 30
(46) "Psychiatrist" means a person having a license as a 31
physician and surgeon in this state who has in addition completed 32
three years of graduate training in psychiatry in a program approved 33
by the American medical association or the American osteopathic 34
association and is certified or eligible to be certified by the 35
American board of psychiatry and neurology; 36
(47) "Psychologist" means a person who has been licensed as a 37
psychologist pursuant to chapter 18.83 RCW; 38
(48) "Public agency" means any evaluation and treatment facility 39
or institution, secure withdrawal management and stabilization 40
p. 7 HB 1905
facility, approved substance use disorder treatment program, or 1
hospital which is conducted for, or includes a department or ward 2
conducted for, the care and treatment of persons with behavioral 3
health disorders, if the agency is operated directly by federal, 4
state, county, or municipal government, or a combination of such 5
governments; 6
(49) "Release" means legal termination of the commitment under 7
the provisions of this chapter; 8
(50) "Resource management services" has the meaning given in 9
chapter 71.24 RCW; 10
(51) "Secretary" means the secretary of the department of health, 11
or his or her designee; 12
(52) "Secure withdrawal management and stabilization facility" 13
means a facility operated by either a public or private agency or by 14
the program of an agency which provides care to voluntary individuals 15
and individuals involuntarily detained and committed under this 16
chapter for whom there is a likelihood of serious harm or who are 17
gravely disabled due to the presence of a substance use disorder. 18
Secure withdrawal management and stabilization facilities must:19
(a) Provide the following services: 20
(i) Assessment and treatment, provided by certified substance use 21
disorder professionals or co-occurring disorder specialists;22
(ii) Clinical stabilization services; 23
(iii) Acute or subacute detoxification services for intoxicated 24
individuals; and 25
(iv) Discharge assistance provided by certified substance use 26
disorder professionals or co-occurring disorder specialists, 27
including facilitating transitions to appropriate voluntary or 28
involuntary inpatient services or to less restrictive alternatives as 29
appropriate for the individual; 30
(b) Include security measures sufficient to protect the patients, 31
staff, and community; and 32
(c) Be licensed or certified as such by the department of health;33
(53) "Social worker" means a person with a master's or further 34
advanced degree from a social work educational program accredited and 35
approved as provided in RCW 18.320.010; 36
(54) "State hospital" means a hospital designated under RCW 37
72.23.020;38
(55) "Substance use disorder" means a cluster of cognitive, 39
behavioral, and physiological symptoms indicating that an individual 40
p. 8 HB 1905
continues using the substance despite significant substance-related 1
problems. The diagnosis of a substance use disorder is based on a 2
pathological pattern of behaviors related to the use of the 3
substances; 4
(((55))) (56) "Substance use disorder professional" means a 5
person certified as a substance use disorder professional by the 6
department of health under chapter 18.205 RCW; 7
(((56))) (57) "Therapeutic court personnel" means the staff of a 8
mental health court or other therapeutic court which has jurisdiction 9
over defendants who are dually diagnosed with mental disorders, 10
including court personnel, probation officers, a court monitor, 11
prosecuting attorney, or defense counsel acting within the scope of 12
therapeutic court duties; 13
(((57))) (58) "Treatment records" include registration and all 14
other records concerning persons who are receiving or who at any time 15
have received services for behavioral health disorders, which are 16
maintained by the department of social and health services, the 17
department, the authority, behavioral health administrative services 18
organizations and their staffs, managed care organizations and their 19
staffs, and by treatment facilities. Treatment records include mental 20
health information contained in a medical bill including but not 21
limited to mental health drugs, a mental health diagnosis, provider 22
name, and dates of service stemming from a medical service. Treatment 23
records do not include notes or records maintained for personal use 24
by a person providing treatment services for the department of social 25
and health services, the department, the authority, behavioral health 26
administrative services organizations, managed care organizations, or 27
a treatment facility if the notes or records are not available to 28
others; 29
(((58))) (59) "Tribe" has the same meaning as in RCW 71.24.025;30
(((59))) (60) "Video," unless the context clearly indicates 31
otherwise, means the delivery of behavioral health services through 32
the use of interactive audio and video technology, permitting real-33
time communication between a person and a designated crisis 34
responder, for the purpose of evaluation. "Video" does not include 35
the use of audio-only telephone, facsimile, email, or store and 36
forward technology. "Store and forward technology" means use of an 37
asynchronous transmission of a person's medical information from a 38
mental health service provider to the designated crisis responder 39
which results in medical diagnosis, consultation, or treatment;40
p. 9 HB 1905
(((60))) (61) "Violent act" means behavior that resulted in 1
homicide, attempted suicide, injury, or substantial loss or damage to 2
property. 3
Sec. 2. RCW 71.05.020 and 2024 c 371 s 18, 2024 c 209 s 6, and 4
2024 c 62 s 19 are each reenacted and amended to read as follows:5
The definitions in this section apply throughout this chapter 6
unless the context clearly requires otherwise. 7
(1) "23-hour crisis relief center" has the same meaning as under 8
RCW 71.24.025; 9
(2) "Admission" or "admit" means a decision by a physician, 10
physician assistant, or psychiatric advanced registered nurse 11
practitioner that a person should be examined or treated as a patient 12
in a hospital; 13
(3) "Alcoholism" means a disease, characterized by a dependency 14
on alcoholic beverages, loss of control over the amount and 15
circumstances of use, symptoms of tolerance, physiological or 16
psychological withdrawal, or both, if use is reduced or discontinued, 17
and impairment of health or disruption of social or economic 18
functioning; 19
(4) "Antipsychotic medications" means that class of drugs 20
primarily used to treat serious manifestations of mental illness 21
associated with thought disorders, which includes, but is not limited 22
to atypical antipsychotic medications; 23
(5) "Approved substance use disorder treatment program" means a 24
program for persons with a substance use disorder provided by a 25
treatment program certified by the department as meeting standards 26
adopted under chapter 71.24 RCW; 27
(6) "Attending staff" means any person on the staff of a public 28
or private agency having responsibility for the care and treatment of 29
a patient; 30
(7) "Authority" means the Washington state health care authority;31
(8) "Behavioral health disorder" means either a mental disorder 32
as defined in this section, a substance use disorder as defined in 33
this section, or a co-occurring mental disorder and substance use 34
disorder; 35
(9) "Behavioral health service provider" means a public or 36
private agency that provides mental health, substance use disorder, 37
or co-occurring disorder services to persons with behavioral health 38
disorders as defined under this section and receives funding from 39
p. 10 HB 1905
public sources. This includes, but is not limited to: Hospitals 1
licensed under chapter 70.41 RCW; evaluation and treatment facilities 2
as defined in this section; community mental health service delivery 3
systems or community behavioral health programs as defined in RCW 4
71.24.025; licensed or certified behavioral health agencies under RCW 5
71.24.037; an entity with a tribal attestation that it meets minimum 6
standards or a licensed or certified behavioral health agency as 7
defined in RCW 71.24.025; facilities conducting competency 8
evaluations and restoration under chapter 10.77 RCW; approved 9
substance use disorder treatment programs as defined in this section; 10
secure withdrawal management and stabilization facilities as defined 11
in this section; and correctional facilities operated by state, 12
local, and tribal governments; 13
(10) "Co-occurring disorder specialist" means an individual 14
possessing an enhancement granted by the department of health under 15
chapter 18.205 RCW that certifies the individual to provide substance 16
use disorder counseling subject to the practice limitations under RCW 17
18.205.105; 18
(11) "Commitment" means the determination by a court that a 19
person should be detained for a period of either evaluation or 20
treatment, or both, in an inpatient or a less restrictive setting;21
(12) "Community behavioral health agency" has the same meaning as 22
"licensed or certified behavioral health agency" defined in RCW 23
71.24.025; 24
(13) "Conditional release" means a revocable modification of a 25
commitment, which may be revoked upon violation of any of its terms;26
(14) "Crisis stabilization unit" means a short-term facility or a 27
portion of a facility licensed or certified by the department, such 28
as an evaluation and treatment facility or a hospital, which has been 29
designed to assess, diagnose, and treat individuals experiencing an 30
acute crisis without the use of long-term hospitalization, or to 31
determine the need for involuntary commitment of an individual;32
(15) "Custody" means involuntary detention under the provisions 33
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 34
unconditional release from commitment from a facility providing 35
involuntary care and treatment; 36
(16) "Department" means the department of health;37
(17) "Designated crisis responder" means a mental health 38
professional appointed by the county, by an entity appointed by the 39
county, or by the authority in consultation with a tribe or after 40
p. 11 HB 1905
meeting and conferring with an Indian health care provider, to 1
perform the duties specified in this chapter; 2
(18) "Detention" or "detain" means the lawful confinement of a 3
person, under the provisions of this chapter; 4
(19) "Developmental disabilities professional" means a person who 5
has specialized training and three years of experience in directly 6
treating or working with persons with developmental disabilities and 7
is a psychiatrist, physician assistant working with a psychiatrist 8
who is acting as a participating physician as defined in RCW 9
18.71A.010, psychologist, psychiatric advanced registered nurse 10
practitioner, or social worker, and such other developmental 11
disabilities professionals as may be defined by rules adopted by the 12
secretary of the department of social and health services;13
(20) "Developmental disability" means that condition defined in 14
RCW 71A.10.020(6); 15
(21) "Director" means the director of the authority;16
(22) "Discharge" means the termination of hospital medical 17
authority. The commitment may remain in place, be terminated, or be 18
amended by court order; 19
(23) "Drug addiction" means a disease, characterized by a 20
dependency on psychoactive chemicals, loss of control over the amount 21
and circumstances of use, symptoms of tolerance, physiological or 22
psychological withdrawal, or both, if use is reduced or discontinued, 23
and impairment of health or disruption of social or economic 24
functioning; 25
(24) "Evaluation and treatment facility" means any facility which 26
can provide directly, or by direct arrangement with other public or 27
private agencies, emergency evaluation and treatment, outpatient 28
care, and timely and appropriate inpatient care to persons suffering 29
from a mental disorder, and which is licensed or certified as such by 30
the department. The authority may certify single beds as temporary 31
evaluation and treatment beds under RCW 71.05.745. A physically 32
separate and separately operated portion of a state hospital may be 33
designated as an evaluation and treatment facility. A facility which 34
is part of, or operated by, the department of social and health 35
services or any federal agency will not require certification. No 36
correctional institution or facility, or jail, shall be an evaluation 37
and treatment facility within the meaning of this chapter;38
(25) "Gravely disabled" means a condition in which a person, as a 39
result of a behavioral health disorder: (a) Is in danger of serious 40
p. 12 HB 1905
physical harm resulting from a failure to provide for his or her 1
essential human needs of health or safety; or (b) manifests severe 2
deterioration from safe behavior evidenced by repeated and escalating 3
loss of cognitive or volitional control over his or her actions and 4
is not receiving such care as is essential for his or her health or 5
safety; 6
(26) "Habilitative services" means those services provided by 7
program personnel to assist persons in acquiring and maintaining life 8
skills and in raising their levels of physical, mental, social, and 9
vocational functioning. Habilitative services include education, 10
training for employment, and therapy. The habilitative process shall 11
be undertaken with recognition of the risk to the public safety 12
presented by the person being assisted as manifested by prior charged 13
criminal conduct; 14
(27) "Hearing" means any proceeding conducted in open court that 15
conforms to the requirements of RCW 71.05.820; 16
(28) "History of one or more violent acts" refers to the period 17
of time ten years prior to the filing of a petition under this 18
chapter, excluding any time spent, but not any violent acts 19
committed, in a behavioral health facility, or in confinement as a 20
result of a criminal conviction; 21
(29) "Imminent" means the state or condition of being likely to 22
occur at any moment or near at hand, rather than distant or remote;23
(30) "In need of assisted outpatient treatment" refers to a 24
person who meets the criteria for assisted outpatient treatment 25
established under RCW 71.05.148; 26
(31) "Individualized service plan" means a plan prepared by a 27
developmental disabilities professional with other professionals as a 28
team, for a person with developmental disabilities, which shall 29
state: 30
(a) The nature of the person's specific problems, prior charged 31
criminal behavior, and habilitation needs; 32
(b) The conditions and strategies necessary to achieve the 33
purposes of habilitation; 34
(c) The intermediate and long-range goals of the habilitation 35
program, with a projected timetable for the attainment;36
(d) The rationale for using this plan of habilitation to achieve 37
those intermediate and long-range goals; 38
(e) The staff responsible for carrying out the plan;39
p. 13 HB 1905
(f) Where relevant in light of past criminal behavior and due 1
consideration for public safety, the criteria for proposed movement 2
to less-restrictive settings, criteria for proposed eventual 3
discharge or release, and a projected possible date for discharge or 4
release; and 5
(g) The type of residence immediately anticipated for the person 6
and possible future types of residences; 7
(32) "Intoxicated person" means a person whose mental or physical 8
functioning is substantially impaired as a result of the use of 9
alcohol or other psychoactive chemicals; 10
(33) "Judicial commitment" means a commitment by a court pursuant 11
to the provisions of this chapter; 12
(34) "Legal counsel" means attorneys and staff employed by county 13
prosecutor offices or the state attorney general acting in their 14
capacity as legal representatives of public behavioral health service 15
providers under RCW 71.05.130; 16
(35) "Less restrictive alternative treatment" means a program of 17
individualized treatment in a less restrictive setting than inpatient 18
treatment that includes the services described in RCW 71.05.585. This 19
term includes: Treatment pursuant to a less restrictive alternative 20
treatment order under RCW 71.05.240 or 71.05.320; treatment pursuant 21
to a conditional release under RCW 71.05.340; and treatment pursuant 22
to an assisted outpatient treatment order under RCW 71.05.148;23
(36) "Licensed physician" means a person licensed to practice 24
medicine or osteopathic medicine and surgery in the state of 25
Washington; 26
(37) "Likelihood of serious harm" means: 27
(a) A substantial risk that: (i) Physical harm will be inflicted 28
by a person upon his or her own person, as evidenced by threats or 29
attempts to commit suicide or inflict physical harm on oneself; (ii) 30
physical harm will be inflicted by a person upon another, as 31
evidenced by behavior which has caused harm, substantial pain, or 32
which places another person or persons in reasonable fear of harm to 33
themselves or others; or (iii) physical harm will be inflicted by a 34
person upon the property of others, as evidenced by behavior which 35
has caused substantial loss or damage to the property of others; or36
(b) The person has threatened the physical safety of another and 37
has a history of one or more violent acts; 38
(38) "Medical clearance" means a physician or other health care 39
provider, including an Indian health care provider, has determined 40
p. 14 HB 1905
that a person is medically stable and ready for referral to the 1
designated crisis responder or facility. For a person presenting in 2
the community, no medical clearance is required prior to 3
investigation by a designated crisis responder; 4
(39) "Mental disorder" means any organic, mental, or emotional 5
impairment which has substantial adverse effects on a person's 6
cognitive or volitional functions; 7
(40) "Mental health professional" means an individual practicing 8
within the mental health professional's statutory scope of practice 9
who is: 10
(a) A psychiatrist, psychologist, physician assistant working 11
with a psychiatrist who is acting as a participating physician as 12
defined in RCW 18.71A.010, psychiatric advanced registered nurse 13
practitioner, psychiatric nurse, or social worker, as defined in this 14
chapter and chapter 71.34 RCW; 15
(b) A mental health counselor, mental health counselor associate, 16
marriage and family therapist, or marriage and family therapist 17
associate, as defined in chapter 18.225 RCW; 18
(c) A certified or licensed agency affiliated counselor, as 19
defined in chapter 18.19 RCW; or 20
(d) A licensed psychological associate as described in chapter 21
18.83 RCW; 22
(41) "Peace officer" means a law enforcement official of a public 23
agency or governmental unit, and includes persons specifically given 24
peace officer powers by any state law, local ordinance, or judicial 25
order of appointment; 26
(42) "Physician assistant" means a person licensed as a physician 27
assistant under chapter 18.71A RCW; 28
(43) "Private agency" means any person, partnership, corporation, 29
or association that is not a public agency, whether or not financed 30
in whole or in part by public funds, which constitutes an evaluation 31
and treatment facility or private institution, or hospital, or 32
approved substance use disorder treatment program, which is conducted 33
for, or includes a department or ward conducted for, the care and 34
treatment of persons with behavioral health disorders;35
(44) "Professional person" means a mental health professional, 36
substance use disorder professional, or designated crisis responder 37
and shall also mean a physician, physician assistant, psychiatric 38
advanced registered nurse practitioner, registered nurse, and such 39
p. 15 HB 1905
others as may be defined by rules adopted by the secretary pursuant 1
to the provisions of this chapter; 2
(45) "Psychiatric advanced registered nurse practitioner" means a 3
person who is licensed as an advanced registered nurse practitioner 4
pursuant to chapter 18.79 RCW; and who is board certified in advanced 5
practice psychiatric and mental health nursing; 6
(46) "Psychiatrist" means a person having a license as a 7
physician and surgeon in this state who has in addition completed 8
three years of graduate training in psychiatry in a program approved 9
by the American medical association or the American osteopathic 10
association and is certified or eligible to be certified by the 11
American board of psychiatry and neurology; 12
(47) "Psychologist" means a person who has been licensed as a 13
psychologist pursuant to chapter 18.83 RCW; 14
(48) "Public agency" means any evaluation and treatment facility 15
or institution, secure withdrawal management and stabilization 16
facility, approved substance use disorder treatment program, or 17
hospital which is conducted for, or includes a department or ward 18
conducted for, the care and treatment of persons with behavioral 19
health disorders, if the agency is operated directly by federal, 20
state, county, or municipal government, or a combination of such 21
governments; 22
(49) "Release" means legal termination of the commitment under 23
the provisions of this chapter; 24
(50) "Resource management services" has the meaning given in 25
chapter 71.24 RCW; 26
(51) "Secretary" means the secretary of the department of health, 27
or his or her designee; 28
(52) "Secure withdrawal management and stabilization facility" 29
means a facility operated by either a public or private agency or by 30
the program of an agency which provides care to voluntary individuals 31
and individuals involuntarily detained and committed under this 32
chapter for whom there is a likelihood of serious harm or who are 33
gravely disabled due to the presence of a substance use disorder. 34
Secure withdrawal management and stabilization facilities must:35
(a) Provide the following services: 36
(i) Assessment and treatment, provided by certified substance use 37
disorder professionals or co-occurring disorder specialists;38
(ii) Clinical stabilization services; 39
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(iii) Acute or subacute detoxification services for intoxicated 1
individuals; and 2
(iv) Discharge assistance provided by certified substance use 3
disorder professionals or co-occurring disorder specialists, 4
including facilitating transitions to appropriate voluntary or 5
involuntary inpatient services or to less restrictive alternatives as 6
appropriate for the individual; 7
(b) Include security measures sufficient to protect the patients, 8
staff, and community; and 9
(c) Be licensed or certified as such by the department of health;10
(53) "Severe deterioration from safe behavior" means that a 11
person will, if not treated, suffer or continue to suffer severe and 12
abnormal mental, emotional, or physical distress, and this distress 13
is associated with significant impairment of judgment, reason, or 14
behavior; 15
(54) "Social worker" means a person with a master's or further 16
advanced degree from a social work educational program accredited and 17
approved as provided in RCW 18.320.010; 18
(55) "State hospital" means a hospital designated under RCW 19
72.23.020;20
(56) "Substance use disorder" means a cluster of cognitive, 21
behavioral, and physiological symptoms indicating that an individual 22
continues using the substance despite significant substance-related 23
problems. The diagnosis of a substance use disorder is based on a 24
pathological pattern of behaviors related to the use of the 25
substances; 26
(((56))) (57) "Substance use disorder professional" means a 27
person certified as a substance use disorder professional by the 28
department of health under chapter 18.205 RCW; 29
(((57))) (58) "Therapeutic court personnel" means the staff of a 30
mental health court or other therapeutic court which has jurisdiction 31
over defendants who are dually diagnosed with mental disorders, 32
including court personnel, probation officers, a court monitor, 33
prosecuting attorney, or defense counsel acting within the scope of 34
therapeutic court duties; 35
(((58))) (59) "Treatment records" include registration and all 36
other records concerning persons who are receiving or who at any time 37
have received services for behavioral health disorders, which are 38
maintained by the department of social and health services, the 39
department, the authority, behavioral health administrative services 40
p. 17 HB 1905
organizations and their staffs, managed care organizations and their 1
staffs, and by treatment facilities. Treatment records include mental 2
health information contained in a medical bill including but not 3
limited to mental health drugs, a mental health diagnosis, provider 4
name, and dates of service stemming from a medical service. Treatment 5
records do not include notes or records maintained for personal use 6
by a person providing treatment services for the department of social 7
and health services, the department, the authority, behavioral health 8
administrative services organizations, managed care organizations, or 9
a treatment facility if the notes or records are not available to 10
others; 11
(((59))) (60) "Tribe" has the same meaning as in RCW 71.24.025;12
(((60))) (61) "Video," unless the context clearly indicates 13
otherwise, means the delivery of behavioral health services through 14
the use of interactive audio and video technology, permitting real-15
time communication between a person and a designated crisis 16
responder, for the purpose of evaluation. "Video" does not include 17
the use of audio-only telephone, facsimile, email, or store and 18
forward technology. "Store and forward technology" means use of an 19
asynchronous transmission of a person's medical information from a 20
mental health service provider to the designated crisis responder 21
which results in medical diagnosis, consultation, or treatment;22
(((61))) (62) "Violent act" means behavior that resulted in 23
homicide, attempted suicide, injury, or substantial loss or damage to 24
property. 25
Sec. 3. RCW 71.05.110 and 2019 c 325 s 3005 are each amended to 26
read as follows: 27
(1) A person subject to the provisions of this chapter is 28
entitled to the assistance of counsel. If the person is indigent, the 29
court shall appoint counsel to assist the person, subject to 30
subsection (3) of this section.31
(2) The county where the person is detained shall administer 32
appointed counsel under this section, regardless of the person's 33
county of origin. Reimbursement for the costs of such representation 34
is specified under RCW 71.05.730. The county may provide counsel 35
directly or by contracting for that representation. This section 36
supersedes any local ordinance, charter, or rule.37
(3) Attorneys appointed for persons pursuant to this chapter 38
shall be compensated for their services as follows: (((1))) (a) The 39
p. 18 HB 1905
person for whom an attorney is appointed shall, if he or she is 1
financially able pursuant to standards as to financial capability and 2
indigency set by the superior court of the county in which the 3
proceeding is held, bear the costs of such legal services; (((2))) 4
(b) if such person is indigent pursuant to such standards, the 5
behavioral health administrative services organization shall 6
reimburse the county in which the proceeding is held for the direct 7
costs of such legal services, as provided in RCW 71.05.730.8
Sec. 4. RCW 71.05.130 and 2015 c 258 s 4 are each amended to 9
read as follows: 10
(1) In any judicial proceeding for involuntary commitment or 11
detention except under RCW 71.05.201, or in any proceeding 12
challenging involuntary commitment or detention, the prosecuting 13
attorney for the county in which the proceeding was initiated shall 14
represent the individuals or agencies petitioning for commitment or 15
detention and shall defend all challenges to such commitment or 16
detention, except that the attorney general shall represent and 17
provide legal services and advice to state hospitals ((or 18
institutions)) with regard to all provisions of and proceedings under 19
this chapter other than proceedings initiated by such hospitals ((and 20
institutions)) seeking ((fourteen day)) 14-day detention.21
(2) The attorney general may represent individuals and agencies 22
petitioning for further treatment under RCW 71.05.320 in facilities 23
other than state hospitals if requested by the county prosecuting 24
attorney. If the county prosecuting attorney requests that the 25
attorney general file and prosecute a case under this chapter, then 26
the county shall charge the attorney general only the fees, including 27
filing and jury fees, that would be charged and paid by the county 28
prosecuting attorney, if the county prosecuting attorney retained the 29
case.30
Sec. 5. RCW 71.05.730 and 2024 c 209 s 28 are each amended to 31
read as follows: 32
(1) A county may apply to its behavioral health administrative 33
services organization on a quarterly basis for reimbursement of its 34
direct costs in providing judicial services for civil commitment 35
cases under this chapter and chapter 71.34 RCW. A tribe may apply to 36
the authority on a quarterly basis for reimbursement of its direct 37
costs in providing judicial services for civil commitment cases under 38
p. 19 HB 1905
this chapter and chapter 71.34 RCW. The behavioral health 1
administrative services organization shall in turn be entitled to 2
reimbursement from the behavioral health administrative services 3
organization that serves the county of residence of the individual 4
who is the subject of the civil commitment case. 5
(2) Reimbursement for judicial services shall be provided per 6
civil commitment case at a rate to be determined based on an 7
independent assessment of the county's or tribe's actual direct 8
costs. This assessment must be based on an average of the 9
expenditures for judicial services within the county or tribe over 10
the past three years. In the event that a baseline cannot be 11
established because there is no significant history of similar cases 12
within the county or tribe, the reimbursement rate shall be equal to 13
80 percent of the median reimbursement rate of counties or tribes, if 14
applicable included in the independent assessment.15
(3) For the purposes of this section: 16
(a) "Civil commitment case" includes all judicial hearings 17
related to a single episode of hospitalization or less restrictive 18
alternative treatment, except that the filing of a petition for a one 19
hundred eighty-day commitment under this chapter or a petition for a 20
successive 180-day commitment under chapter 71.34 RCW shall be 21
considered to be a new case regardless of whether there has been a 22
break in detention. "Civil commitment case" does not include the 23
filing of a petition for a 180-day commitment under this chapter on 24
behalf of a patient at a state ((psychiatric)) hospital.25
(b) "Judicial services" means a county's or tribe's reasonable 26
direct costs in providing prosecutor services, assigned counsel and 27
defense services, court services, and court clerk services for civil 28
commitment cases under this chapter and chapter 71.34 RCW.29
(4) To the extent that resources have a shared purpose, the 30
behavioral health administrative services organization may only 31
reimburse counties to the extent such resources are necessary for and 32
devoted to judicial services as described in this section. To the 33
extent that resources have a shared purpose, the authority may only 34
reimburse tribes to the extent the resources are necessary for and 35
devoted to judicial services as described in this section.36
(5) No filing fee may be charged or collected for any civil 37
commitment case subject to reimbursement under this section.38
p. 20 HB 1905
Sec. 6. RCW 71.34.020 and 2024 c 367 s 3 and 2024 c 209 s 7 are 1
each reenacted and amended to read as follows: 2
Unless the context clearly requires otherwise, the definitions in 3
this section apply throughout this chapter. 4
(1) "23-hour crisis relief center" has the same meaning as 5
provided in RCW 71.24.025. 6
(2) "Admission" or "admit" means a decision by a physician, 7
physician assistant, or psychiatric advanced registered nurse 8
practitioner that a minor should be examined or treated as a patient 9
in a hospital. 10
(3) "Adolescent" means a minor thirteen years of age or older.11
(4) "Alcoholism" means a disease, characterized by a dependency 12
on alcoholic beverages, loss of control over the amount and 13
circumstances of use, symptoms of tolerance, physiological or 14
psychological withdrawal, or both, if use is reduced or discontinued, 15
and impairment of health or disruption of social or economic 16
functioning. 17
(5) "Antipsychotic medications" means that class of drugs 18
primarily used to treat serious manifestations of mental illness 19
associated with thought disorders, which includes, but is not limited 20
to, atypical antipsychotic medications. 21
(6) "Approved substance use disorder treatment program" means a 22
program for minors with substance use disorders provided by a 23
treatment program licensed or certified by the department of health 24
as meeting standards adopted under chapter 71.24 RCW.25
(7) "Attending staff" means any person on the staff of a public 26
or private agency having responsibility for the care and treatment of 27
a minor patient. 28
(8) "Authority" means the Washington state health care authority.29
(9) "Behavioral health administrative services organization" has 30
the same meaning as provided in RCW 71.24.025. 31
(10) "Behavioral health disorder" means either a mental disorder 32
as defined in this section, a substance use disorder as defined in 33
this section, or a co-occurring mental disorder and substance use 34
disorder. 35
(11) "Child psychiatrist" means a person having a license as a 36
physician and surgeon in this state, who has had graduate training in 37
child psychiatry in a program approved by the American Medical 38
Association or the American Osteopathic Association, and who is board 39
eligible or board certified in child psychiatry. 40
p. 21 HB 1905
(12) "Children's mental health specialist" means:1
(a) A mental health professional who has completed a minimum of 2
one hundred actual hours, not quarter or semester hours, of 3
specialized training devoted to the study of child development and 4
the treatment of children; and 5
(b) A mental health professional who has the equivalent of one 6
year of full-time experience in the treatment of children under the 7
supervision of a children's mental health specialist.8
(13) "Commitment" means a determination by a judge or court 9
commissioner, made after a commitment hearing, that the minor is in 10
need of inpatient diagnosis, evaluation, or treatment or that the 11
minor is in need of less restrictive alternative treatment.12
(14) "Conditional release" means a revocable modification of a 13
commitment, which may be revoked upon violation of any of its terms.14
(15) "Co-occurring disorder specialist" means an individual 15
possessing an enhancement granted by the department of health under 16
chapter 18.205 RCW that certifies the individual to provide substance 17
use disorder counseling subject to the practice limitations under RCW 18
18.205.105. 19
(16) "Crisis stabilization unit" means a short-term facility or a 20
portion of a facility licensed or certified by the department of 21
health under RCW 71.24.035, such as a residential treatment facility 22
or a hospital, which has been designed to assess, diagnose, and treat 23
individuals experiencing an acute crisis without the use of long-term 24
hospitalization, or to determine the need for involuntary commitment 25
of an individual. 26
(17) "Custody" means involuntary detention under the provisions 27
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 28
unconditional release from commitment from a facility providing 29
involuntary care and treatment. 30
(18) "Department" means the department of social and health 31
services. 32
(19) "Designated crisis responder" has the same meaning as 33
provided in RCW 71.05.020. 34
(20) "Detention" or "detain" means the lawful confinement of a 35
person, under the provisions of this chapter. 36
(21) "Developmental disabilities professional" means a person who 37
has specialized training and three years of experience in directly 38
treating or working with persons with developmental disabilities and 39
is a psychiatrist, physician assistant working with a supervising 40
p. 22 HB 1905
psychiatrist, psychologist, psychiatric advanced registered nurse 1
practitioner, or social worker, and such other developmental 2
disabilities professionals as may be defined by rules adopted by the 3
secretary of the department. 4
(22) "Developmental disability" has the same meaning as defined 5
in RCW 71A.10.020. 6
(23) "Director" means the director of the authority.7
(24) "Discharge" means the termination of hospital medical 8
authority. The commitment may remain in place, be terminated, or be 9
amended by court order. 10
(25) "Evaluation and treatment facility" means a public or 11
private facility or unit that is licensed or certified by the 12
department of health to provide emergency, inpatient, residential, or 13
outpatient mental health evaluation and treatment services for 14
minors. A physically separate and separately operated portion of a 15
state hospital may be designated as an evaluation and treatment 16
facility for minors. A facility which is part of or operated by the 17
state or federal agency does not require licensure or certification. 18
No correctional institution or facility, juvenile court detention 19
facility, or jail may be an evaluation and treatment facility within 20
the meaning of this chapter. 21
(26) "Evaluation and treatment program" means the total system of 22
services and facilities coordinated and approved by a county or 23
combination of counties for the evaluation and treatment of minors 24
under this chapter. 25
(27) "Gravely disabled minor" means a minor who, as a result of a 26
behavioral health disorder, (a) is in danger of serious physical harm 27
resulting from a failure to provide for his or her essential human 28
needs of health or safety, or (b) manifests severe deterioration in 29
routine functioning evidenced by repeated and escalating loss of 30
cognitive or volitional control over his or her actions and is not 31
receiving such care as is essential for his or her health or safety.32
(28) "Habilitative services" means those services provided by 33
program personnel to assist minors in acquiring and maintaining life 34
skills and in raising their levels of physical, behavioral, social, 35
and vocational functioning. Habilitative services include education, 36
training for employment, and therapy. 37
(29) "Hearing" means any proceeding conducted in open court that 38
conforms to the requirements of RCW 71.34.910. 39
p. 23 HB 1905
(30) "History of one or more violent acts" refers to the period 1
of time five years prior to the filing of a petition under this 2
chapter, excluding any time spent, but not any violent acts 3
committed, in a mental health facility, a long-term substance use 4
disorder treatment facility, or in confinement as a result of a 5
criminal conviction. 6
(31) "Individualized service plan" means a plan prepared by a 7
developmental disabilities professional with other professionals as a 8
team, for a person with developmental disabilities, which states:9
(a) The nature of the person's specific problems, prior charged 10
criminal behavior, and habilitation needs; 11
(b) The conditions and strategies necessary to achieve the 12
purposes of habilitation; 13
(c) The intermediate and long-range goals of the habilitation 14
program, with a projected timetable for the attainment;15
(d) The rationale for using this plan of habilitation to achieve 16
those intermediate and long-range goals; 17
(e) The staff responsible for carrying out the plan;18
(f) Where relevant in light of past criminal behavior and due 19
consideration for public safety, the criteria for proposed movement 20
to less-restrictive settings, criteria for proposed eventual 21
discharge or release, and a projected possible date for discharge or 22
release; and 23
(g) The type of residence immediately anticipated for the person 24
and possible future types of residences. 25
(32)(a) "Inpatient treatment" means twenty-four-hour-per-day 26
mental health care provided within a general hospital, psychiatric 27
hospital, residential treatment facility licensed or certified by the 28
department of health as an evaluation and treatment facility for 29
minors, secure withdrawal management and stabilization facility for 30
minors, or approved substance use disorder treatment program for 31
minors. 32
(b) For purposes of family-initiated treatment under RCW 33
71.34.600 through 71.34.670, "inpatient treatment" has the meaning 34
included in (a) of this subsection and any other residential 35
treatment facility licensed under chapter 71.12 RCW.36
(33) "Intoxicated minor" means a minor whose mental or physical 37
functioning is substantially impaired as a result of the use of 38
alcohol or other psychoactive chemicals. 39
p. 24 HB 1905
(34) "Judicial commitment" means a commitment by a court pursuant 1
to the provisions of this chapter. 2
(35) "Kinship caregiver" has the same meaning as in RCW 3
74.13.031(((22)(a))). 4
(36) "Legal counsel" means attorneys and staff employed by county 5
prosecutor offices or the state attorney general acting in their 6
capacity as legal representatives of public behavioral health service 7
providers under RCW 71.05.130. 8
(37) "Less restrictive alternative" or "less restrictive setting" 9
means outpatient treatment provided to a minor as a program of 10
individualized treatment in a less restrictive setting than inpatient 11
treatment that includes the services described in RCW 71.34.755, 12
including residential treatment. 13
(38) "Licensed physician" means a person licensed to practice 14
medicine or osteopathic medicine and surgery in the state of 15
Washington. 16
(39) "Likelihood of serious harm" means: 17
(a) A substantial risk that: (i) Physical harm will be inflicted 18
by a minor upon his or her own person, as evidenced by threats or 19
attempts to commit suicide or inflict physical harm on oneself; (ii) 20
physical harm will be inflicted by a minor upon another individual, 21
as evidenced by behavior which has caused such harm or which places 22
another person or persons in reasonable fear of sustaining such harm; 23
or (iii) physical harm will be inflicted by a minor upon the property 24
of others, as evidenced by behavior which has caused substantial loss 25
or damage to the property of others; or 26
(b) The minor has threatened the physical safety of another and 27
has a history of one or more violent acts. 28
(40) "Managed care organization" has the same meaning as provided 29
in RCW 71.24.025. 30
(41) "Medical clearance" means a physician or other health care 31
provider, including an Indian health care provider, has determined 32
that a person is medically stable and ready for referral to the 33
designated crisis responder or facility. For a person presenting in 34
the community, no medical clearance is required prior to 35
investigation by a designated crisis responder. 36
(42) "Medical necessity" for inpatient care means a requested 37
service which is reasonably calculated to: (a) Diagnose, correct, 38
cure, or alleviate a mental disorder or substance use disorder; or 39
(b) prevent the progression of a mental disorder or substance use 40
p. 25 HB 1905
disorder that endangers life or causes suffering and pain, or results 1
in illness or infirmity or threatens to cause or aggravate a 2
disability, or causes physical deformity or malfunction, and there is 3
no adequate less restrictive alternative available.4
(43) "Mental disorder" means any organic, mental, or emotional 5
impairment that has substantial adverse effects on an individual's 6
cognitive or volitional functions. The presence of alcohol abuse, 7
drug abuse, juvenile criminal history, antisocial behavior, or 8
intellectual disabilities alone is insufficient to justify a finding 9
of "mental disorder" within the meaning of this section.10
(44) "Mental health professional" has the same meaning as 11
provided in RCW 71.05.020. 12
(45) "Minor" means any person under the age of eighteen years.13
(46) "Outpatient treatment" means any of the nonresidential 14
services mandated under chapter 71.24 RCW and provided by licensed or 15
certified behavioral health agencies as identified by RCW 71.24.025.16
(47)(a) "Parent" has the same meaning as defined in RCW 17
26.26A.010, including either parent if custody is shared under a 18
joint custody agreement, or a person or agency judicially appointed 19
as legal guardian or custodian of the child. 20
(b) For purposes of family-initiated treatment under RCW 21
71.34.600 through 71.34.670, "parent" also includes a person to whom 22
a parent defined in (a) of this subsection has given a signed 23
authorization to make health care decisions for the adolescent, a 24
stepparent who is involved in caring for the adolescent, a kinship 25
caregiver who is involved in caring for the adolescent, or another 26
relative who is responsible for the health care of the adolescent, 27
who may be required to provide a declaration under penalty of perjury 28
stating that he or she is a relative responsible for the health care 29
of the adolescent pursuant to chapter 5.50 RCW. If a dispute arises 30
between individuals authorized to act as a parent for the purpose of 31
RCW 71.34.600 through 71.34.670, the disagreement must be resolved 32
according to the priority established under RCW 7.70.065(2)(a).33
(48) "Peace officer" means a law enforcement official of a public 34
agency or governmental unit, and includes persons specifically given 35
peace officer powers by any state law, local ordinance, or judicial 36
order of appointment. 37
(49) "Physician assistant" means a person licensed as a physician 38
assistant under chapter 18.71A RCW. 39
p. 26 HB 1905
(50) "Private agency" means any person, partnership, corporation, 1
or association that is not a public agency, whether or not financed 2
in whole or in part by public funds, that constitutes an evaluation 3
and treatment facility or private institution, or hospital, or 4
approved substance use disorder treatment program, that is conducted 5
for, or includes a distinct unit, floor, or ward conducted for, the 6
care and treatment of persons with mental illness, substance use 7
disorders, or both mental illness and substance use disorders.8
(51) "Professional person in charge" or "professional person" 9
means a physician, other mental health professional, or other person 10
empowered by an evaluation and treatment facility, secure withdrawal 11
management and stabilization facility, or approved substance use 12
disorder treatment program with authority to make admission and 13
discharge decisions on behalf of that facility. 14
(52) "Psychiatric nurse" means a registered nurse who has 15
experience in the direct treatment of persons who have a mental 16
illness or who are emotionally disturbed, such experience gained 17
under the supervision of a mental health professional.18
(53) "Psychiatrist" means a person having a license as a 19
physician in this state who has completed residency training in 20
psychiatry in a program approved by the American Medical Association 21
or the American Osteopathic Association, and is board eligible or 22
board certified in psychiatry. 23
(54) "Psychologist" means a person licensed as a psychologist 24
under chapter 18.83 RCW. 25
(55) "Public agency" means any evaluation and treatment facility 26
or institution, or hospital, or approved substance use disorder 27
treatment program that is conducted for, or includes a distinct unit, 28
floor, or ward conducted for, the care and treatment of persons with 29
mental illness, substance use disorders, or both mental illness and 30
substance use disorders if the agency is operated directly by 31
federal, state, county, or municipal government, or a combination of 32
such governments. 33
(56) "Release" means legal termination of the commitment under 34
the provisions of this chapter. 35
(57) "Resource management services" has the meaning given in 36
chapter 71.24 RCW. 37
(58) "Responsible other" means the minor, the minor's parent or 38
estate, or any other person legally responsible for support of the 39
minor. 40
p. 27 HB 1905
(59) "Secretary" means the secretary of the department or 1
secretary's designee. 2
(60) "Secure withdrawal management and stabilization facility" 3
means a facility operated by either a public or private agency or by 4
the program of an agency which provides care to voluntary individuals 5
and individuals involuntarily detained and committed under this 6
chapter for whom there is a likelihood of serious harm or who are 7
gravely disabled due to the presence of a substance use disorder. 8
Secure withdrawal management and stabilization facilities must:9
(a) Provide the following services: 10
(i) Assessment and treatment, provided by certified substance use 11
disorder professionals or co-occurring disorder specialists;12
(ii) Clinical stabilization services; 13
(iii) Acute or subacute detoxification services for intoxicated 14
individuals; and 15
(iv) Discharge assistance provided by certified substance use 16
disorder professionals or co-occurring disorder specialists, 17
including facilitating transitions to appropriate voluntary or 18
involuntary inpatient services or to less restrictive alternatives as 19
appropriate for the individual; 20
(b) Include security measures sufficient to protect the patients, 21
staff, and community; and 22
(c) Be licensed or certified as such by the department of health.23
(61) "Social worker" means a person with a master's or further 24
advanced degree from a social work educational program accredited and 25
approved as provided in RCW 18.320.010. 26
(62) "Start of initial detention" means the time of arrival of 27
the minor at the first evaluation and treatment facility, secure 28
withdrawal management and stabilization facility, or approved 29
substance use disorder treatment program offering inpatient treatment 30
if the minor is being involuntarily detained at the time. With regard 31
to voluntary patients, "start of initial detention" means the time at 32
which the minor gives notice of intent to leave under the provisions 33
of this chapter. 34
(63) "State hospital" means a hospital designated under RCW 35
72.23.020.36
(64) "Store and forward technology" means use of an asynchronous 37
transmission of a person's medical information from a mental health 38
service provider to the designated crisis responder which results in 39
medical diagnosis, consultation, or treatment. 40
p. 28 HB 1905
(((64))) (65) "Substance use disorder" means a cluster of 1
cognitive, behavioral, and physiological symptoms indicating that an 2
individual continues using the substance despite significant 3
substance-related problems. The diagnosis of a substance use disorder 4
is based on a pathological pattern of behaviors related to the use of 5
the substances. 6
(((65))) (66) "Substance use disorder professional" means a 7
person certified as a substance use disorder professional by the 8
department of health under chapter 18.205 RCW. 9
(((66))) (67) "Therapeutic court personnel" means the staff of a 10
mental health court or other therapeutic court which has jurisdiction 11
over defendants who are dually diagnosed with mental disorders, 12
including court personnel, probation officers, a court monitor, 13
prosecuting attorney, or defense counsel acting within the scope of 14
therapeutic court duties. 15
(((67))) (68) "Treatment records" include registration and all 16
other records concerning persons who are receiving or who at any time 17
have received services for mental illness, which are maintained by 18
the department, the department of health, the authority, behavioral 19
health organizations and their staffs, and by treatment facilities. 20
Treatment records include mental health information contained in a 21
medical bill including but not limited to mental health drugs, a 22
mental health diagnosis, provider name, and dates of service stemming 23
from a medical service. Treatment records do not include notes or 24
records maintained for personal use by a person providing treatment 25
services for the department, the department of health, the authority, 26
behavioral health organizations, or a treatment facility if the notes 27
or records are not available to others. 28
(((68))) (69) "Tribe" has the same meaning as in RCW 71.24.025.29
(((69))) (70) "Video" means the delivery of behavioral health 30
services through the use of interactive audio and video technology, 31
permitting real-time communication between a person and a designated 32
crisis responder, for the purpose of evaluation. "Video" does not 33
include the use of audio-only telephone, facsimile, email, or store 34
and forward technology. 35
(((70))) (71) "Violent act" means behavior that resulted in 36
homicide, attempted suicide, injury, or substantial loss or damage to 37
property. 38
p. 29 HB 1905
Sec. 7. RCW 71.34.020 and 2024 c 367 s 4 and 2024 c 209 s 8 are 1
each reenacted and amended to read as follows: 2
Unless the context clearly requires otherwise, the definitions in 3
this section apply throughout this chapter. 4
(1) "23-hour crisis relief center" has the same meaning as 5
provided in RCW 71.24.025. 6
(2) "Admission" or "admit" means a decision by a physician, 7
physician assistant, or psychiatric advanced registered nurse 8
practitioner that a minor should be examined or treated as a patient 9
in a hospital. 10
(3) "Adolescent" means a minor thirteen years of age or older.11
(4) "Alcoholism" means a disease, characterized by a dependency 12
on alcoholic beverages, loss of control over the amount and 13
circumstances of use, symptoms of tolerance, physiological or 14
psychological withdrawal, or both, if use is reduced or discontinued, 15
and impairment of health or disruption of social or economic 16
functioning. 17
(5) "Antipsychotic medications" means that class of drugs 18
primarily used to treat serious manifestations of mental illness 19
associated with thought disorders, which includes, but is not limited 20
to, atypical antipsychotic medications. 21
(6) "Approved substance use disorder treatment program" means a 22
program for minors with substance use disorders provided by a 23
treatment program licensed or certified by the department of health 24
as meeting standards adopted under chapter 71.24 RCW.25
(7) "Attending staff" means any person on the staff of a public 26
or private agency having responsibility for the care and treatment of 27
a minor patient. 28
(8) "Authority" means the Washington state health care authority.29
(9) "Behavioral health administrative services organization" has 30
the same meaning as provided in RCW 71.24.025. 31
(10) "Behavioral health disorder" means either a mental disorder 32
as defined in this section, a substance use disorder as defined in 33
this section, or a co-occurring mental disorder and substance use 34
disorder. 35
(11) "Child psychiatrist" means a person having a license as a 36
physician and surgeon in this state, who has had graduate training in 37
child psychiatry in a program approved by the American Medical 38
Association or the American Osteopathic Association, and who is board 39
eligible or board certified in child psychiatry. 40
p. 30 HB 1905
(12) "Children's mental health specialist" means:1
(a) A mental health professional who has completed a minimum of 2
one hundred actual hours, not quarter or semester hours, of 3
specialized training devoted to the study of child development and 4
the treatment of children; and 5
(b) A mental health professional who has the equivalent of one 6
year of full-time experience in the treatment of children under the 7
supervision of a children's mental health specialist.8
(13) "Commitment" means a determination by a judge or court 9
commissioner, made after a commitment hearing, that the minor is in 10
need of inpatient diagnosis, evaluation, or treatment or that the 11
minor is in need of less restrictive alternative treatment.12
(14) "Conditional release" means a revocable modification of a 13
commitment, which may be revoked upon violation of any of its terms.14
(15) "Co-occurring disorder specialist" means an individual 15
possessing an enhancement granted by the department of health under 16
chapter 18.205 RCW that certifies the individual to provide substance 17
use disorder counseling subject to the practice limitations under RCW 18
18.205.105. 19
(16) "Crisis stabilization unit" means a short-term facility or a 20
portion of a facility licensed or certified by the department of 21
health under RCW 71.24.035, such as a residential treatment facility 22
or a hospital, which has been designed to assess, diagnose, and treat 23
individuals experiencing an acute crisis without the use of long-term 24
hospitalization, or to determine the need for involuntary commitment 25
of an individual. 26
(17) "Custody" means involuntary detention under the provisions 27
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 28
unconditional release from commitment from a facility providing 29
involuntary care and treatment. 30
(18) "Department" means the department of social and health 31
services. 32
(19) "Designated crisis responder" has the same meaning as 33
provided in RCW 71.05.020. 34
(20) "Detention" or "detain" means the lawful confinement of a 35
person, under the provisions of this chapter. 36
(21) "Developmental disabilities professional" means a person who 37
has specialized training and three years of experience in directly 38
treating or working with persons with developmental disabilities and 39
is a psychiatrist, physician assistant working with a supervising 40
p. 31 HB 1905
psychiatrist, psychologist, psychiatric advanced registered nurse 1
practitioner, or social worker, and such other developmental 2
disabilities professionals as may be defined by rules adopted by the 3
secretary of the department. 4
(22) "Developmental disability" has the same meaning as defined 5
in RCW 71A.10.020. 6
(23) "Director" means the director of the authority.7
(24) "Discharge" means the termination of hospital medical 8
authority. The commitment may remain in place, be terminated, or be 9
amended by court order. 10
(25) "Evaluation and treatment facility" means a public or 11
private facility or unit that is licensed or certified by the 12
department of health to provide emergency, inpatient, residential, or 13
outpatient mental health evaluation and treatment services for 14
minors. A physically separate and separately operated portion of a 15
state hospital may be designated as an evaluation and treatment 16
facility for minors. A facility which is part of or operated by the 17
state or federal agency does not require licensure or certification. 18
No correctional institution or facility, juvenile court detention 19
facility, or jail may be an evaluation and treatment facility within 20
the meaning of this chapter. 21
(26) "Evaluation and treatment program" means the total system of 22
services and facilities coordinated and approved by a county or 23
combination of counties for the evaluation and treatment of minors 24
under this chapter. 25
(27) "Gravely disabled minor" means a minor who, as a result of a 26
behavioral health disorder, (a) is in danger of serious physical harm 27
resulting from a failure to provide for his or her essential human 28
needs of health or safety, or (b) manifests severe deterioration from 29
safe behavior evidenced by repeated and escalating loss of cognitive 30
or volitional control over his or her actions and is not receiving 31
such care as is essential for his or her health or safety.32
(28) "Habilitative services" means those services provided by 33
program personnel to assist minors in acquiring and maintaining life 34
skills and in raising their levels of physical, behavioral, social, 35
and vocational functioning. Habilitative services include education, 36
training for employment, and therapy. 37
(29) "Hearing" means any proceeding conducted in open court that 38
conforms to the requirements of RCW 71.34.910. 39
p. 32 HB 1905
(30) "History of one or more violent acts" refers to the period 1
of time five years prior to the filing of a petition under this 2
chapter, excluding any time spent, but not any violent acts 3
committed, in a mental health facility, a long-term substance use 4
disorder treatment facility, or in confinement as a result of a 5
criminal conviction. 6
(31) "Individualized service plan" means a plan prepared by a 7
developmental disabilities professional with other professionals as a 8
team, for a person with developmental disabilities, which states:9
(a) The nature of the person's specific problems, prior charged 10
criminal behavior, and habilitation needs; 11
(b) The conditions and strategies necessary to achieve the 12
purposes of habilitation; 13
(c) The intermediate and long-range goals of the habilitation 14
program, with a projected timetable for the attainment;15
(d) The rationale for using this plan of habilitation to achieve 16
those intermediate and long-range goals; 17
(e) The staff responsible for carrying out the plan;18
(f) Where relevant in light of past criminal behavior and due 19
consideration for public safety, the criteria for proposed movement 20
to less-restrictive settings, criteria for proposed eventual 21
discharge or release, and a projected possible date for discharge or 22
release; and 23
(g) The type of residence immediately anticipated for the person 24
and possible future types of residences. 25
(32)(a) "Inpatient treatment" means twenty-four-hour-per-day 26
mental health care provided within a general hospital, psychiatric 27
hospital, residential treatment facility licensed or certified by the 28
department of health as an evaluation and treatment facility for 29
minors, secure withdrawal management and stabilization facility for 30
minors, or approved substance use disorder treatment program for 31
minors. 32
(b) For purposes of family-initiated treatment under RCW 33
71.34.600 through 71.34.670, "inpatient treatment" has the meaning 34
included in (a) of this subsection and any other residential 35
treatment facility licensed under chapter 71.12 RCW.36
(33) "Intoxicated minor" means a minor whose mental or physical 37
functioning is substantially impaired as a result of the use of 38
alcohol or other psychoactive chemicals. 39
p. 33 HB 1905
(34) "Judicial commitment" means a commitment by a court pursuant 1
to the provisions of this chapter. 2
(35) "Kinship caregiver" has the same meaning as in RCW 3
74.13.031(((22)(a))). 4
(36) "Legal counsel" means attorneys and staff employed by county 5
prosecutor offices or the state attorney general acting in their 6
capacity as legal representatives of public behavioral health service 7
providers under RCW 71.05.130. 8
(37) "Less restrictive alternative" or "less restrictive setting" 9
means outpatient treatment provided to a minor as a program of 10
individualized treatment in a less restrictive setting than inpatient 11
treatment that includes the services described in RCW 71.34.755, 12
including residential treatment. 13
(38) "Licensed physician" means a person licensed to practice 14
medicine or osteopathic medicine and surgery in the state of 15
Washington. 16
(39) "Likelihood of serious harm" means: 17
(a) A substantial risk that: (i) Physical harm will be inflicted 18
by a minor upon his or her own person, as evidenced by threats or 19
attempts to commit suicide or inflict physical harm on oneself; (ii) 20
physical harm will be inflicted by a minor upon another individual, 21
as evidenced by behavior which has caused harm, substantial pain, or 22
which places another person or persons in reasonable fear of harm to 23
themselves or others; or (iii) physical harm will be inflicted by a 24
minor upon the property of others, as evidenced by behavior which has 25
caused substantial loss or damage to the property of others; or26
(b) The minor has threatened the physical safety of another and 27
has a history of one or more violent acts. 28
(40) "Managed care organization" has the same meaning as provided 29
in RCW 71.24.025. 30
(41) "Medical clearance" means a physician or other health care 31
provider, including an Indian health care provider, has determined 32
that a person is medically stable and ready for referral to the 33
designated crisis responder or facility. For a person presenting in 34
the community, no medical clearance is required prior to 35
investigation by a designated crisis responder. 36
(42) "Medical necessity" for inpatient care means a requested 37
service which is reasonably calculated to: (a) Diagnose, correct, 38
cure, or alleviate a mental disorder or substance use disorder; or 39
(b) prevent the progression of a mental disorder or substance use 40
p. 34 HB 1905
disorder that endangers life or causes suffering and pain, or results 1
in illness or infirmity or threatens to cause or aggravate a 2
disability, or causes physical deformity or malfunction, and there is 3
no adequate less restrictive alternative available.4
(43) "Mental disorder" means any organic, mental, or emotional 5
impairment that has substantial adverse effects on an individual's 6
cognitive or volitional functions. The presence of alcohol abuse, 7
drug abuse, juvenile criminal history, antisocial behavior, or 8
intellectual disabilities alone is insufficient to justify a finding 9
of "mental disorder" within the meaning of this section.10
(44) "Mental health professional" has the same meaning as 11
provided in RCW 71.05.020. 12
(45) "Minor" means any person under the age of eighteen years.13
(46) "Outpatient treatment" means any of the nonresidential 14
services mandated under chapter 71.24 RCW and provided by licensed or 15
certified behavioral health agencies as identified by RCW 71.24.025.16
(47)(a) "Parent" has the same meaning as defined in RCW 17
26.26A.010, including either parent if custody is shared under a 18
joint custody agreement, or a person or agency judicially appointed 19
as legal guardian or custodian of the child. 20
(b) For purposes of family-initiated treatment under RCW 21
71.34.600 through 71.34.670, "parent" also includes a person to whom 22
a parent defined in (a) of this subsection has given a signed 23
authorization to make health care decisions for the adolescent, a 24
stepparent who is involved in caring for the adolescent, a kinship 25
caregiver who is involved in caring for the adolescent, or another 26
relative who is responsible for the health care of the adolescent, 27
who may be required to provide a declaration under penalty of perjury 28
stating that he or she is a relative responsible for the health care 29
of the adolescent pursuant to chapter 5.50 RCW. If a dispute arises 30
between individuals authorized to act as a parent for the purpose of 31
RCW 71.34.600 through 71.34.670, the disagreement must be resolved 32
according to the priority established under RCW 7.70.065(2)(a).33
(48) "Peace officer" means a law enforcement official of a public 34
agency or governmental unit, and includes persons specifically given 35
peace officer powers by any state law, local ordinance, or judicial 36
order of appointment. 37
(49) "Physician assistant" means a person licensed as a physician 38
assistant under chapter 18.71A RCW. 39
p. 35 HB 1905
(50) "Private agency" means any person, partnership, corporation, 1
or association that is not a public agency, whether or not financed 2
in whole or in part by public funds, that constitutes an evaluation 3
and treatment facility or private institution, or hospital, or 4
approved substance use disorder treatment program, that is conducted 5
for, or includes a distinct unit, floor, or ward conducted for, the 6
care and treatment of persons with mental illness, substance use 7
disorders, or both mental illness and substance use disorders.8
(51) "Professional person in charge" or "professional person" 9
means a physician, other mental health professional, or other person 10
empowered by an evaluation and treatment facility, secure withdrawal 11
management and stabilization facility, or approved substance use 12
disorder treatment program with authority to make admission and 13
discharge decisions on behalf of that facility. 14
(52) "Psychiatric nurse" means a registered nurse who has 15
experience in the direct treatment of persons who have a mental 16
illness or who are emotionally disturbed, such experience gained 17
under the supervision of a mental health professional.18
(53) "Psychiatrist" means a person having a license as a 19
physician in this state who has completed residency training in 20
psychiatry in a program approved by the American Medical Association 21
or the American Osteopathic Association, and is board eligible or 22
board certified in psychiatry. 23
(54) "Psychologist" means a person licensed as a psychologist 24
under chapter 18.83 RCW. 25
(55) "Public agency" means any evaluation and treatment facility 26
or institution, or hospital, or approved substance use disorder 27
treatment program that is conducted for, or includes a distinct unit, 28
floor, or ward conducted for, the care and treatment of persons with 29
mental illness, substance use disorders, or both mental illness and 30
substance use disorders if the agency is operated directly by 31
federal, state, county, or municipal government, or a combination of 32
such governments. 33
(56) "Release" means legal termination of the commitment under 34
the provisions of this chapter. 35
(57) "Resource management services" has the meaning given in 36
chapter 71.24 RCW. 37
(58) "Responsible other" means the minor, the minor's parent or 38
estate, or any other person legally responsible for support of the 39
minor. 40
p. 36 HB 1905
(59) "Secretary" means the secretary of the department or 1
secretary's designee. 2
(60) "Secure withdrawal management and stabilization facility" 3
means a facility operated by either a public or private agency or by 4
the program of an agency which provides care to voluntary individuals 5
and individuals involuntarily detained and committed under this 6
chapter for whom there is a likelihood of serious harm or who are 7
gravely disabled due to the presence of a substance use disorder. 8
Secure withdrawal management and stabilization facilities must:9
(a) Provide the following services: 10
(i) Assessment and treatment, provided by certified substance use 11
disorder professionals or co-occurring disorder specialists;12
(ii) Clinical stabilization services; 13
(iii) Acute or subacute detoxification services for intoxicated 14
individuals; and 15
(iv) Discharge assistance provided by certified substance use 16
disorder professionals or co-occurring disorder specialists, 17
including facilitating transitions to appropriate voluntary or 18
involuntary inpatient services or to less restrictive alternatives as 19
appropriate for the individual; 20
(b) Include security measures sufficient to protect the patients, 21
staff, and community; and 22
(c) Be licensed or certified as such by the department of health.23
(61) "Severe deterioration from safe behavior" means that a 24
person will, if not treated, suffer or continue to suffer severe and 25
abnormal mental, emotional, or physical distress, and this distress 26
is associated with significant impairment of judgment, reason, or 27
behavior. 28
(62) "Social worker" means a person with a master's or further 29
advanced degree from a social work educational program accredited and 30
approved as provided in RCW 18.320.010. 31
(63) "Start of initial detention" means the time of arrival of 32
the minor at the first evaluation and treatment facility, secure 33
withdrawal management and stabilization facility, or approved 34
substance use disorder treatment program offering inpatient treatment 35
if the minor is being involuntarily detained at the time. With regard 36
to voluntary patients, "start of initial detention" means the time at 37
which the minor gives notice of intent to leave under the provisions 38
of this chapter. 39
p. 37 HB 1905
(64) "State hospital" means a hospital designated under RCW 1
72.23.020.2
(65) "Store and forward technology" means use of an asynchronous 3
transmission of a person's medical information from a mental health 4
service provider to the designated crisis responder which results in 5
medical diagnosis, consultation, or treatment. 6
(((65))) (66) "Substance use disorder" means a cluster of 7
cognitive, behavioral, and physiological symptoms indicating that an 8
individual continues using the substance despite significant 9
substance-related problems. The diagnosis of a substance use disorder 10
is based on a pathological pattern of behaviors related to the use of 11
the substances. 12
(((66))) (67) "Substance use disorder professional" means a 13
person certified as a substance use disorder professional by the 14
department of health under chapter 18.205 RCW. 15
(((67))) (68) "Therapeutic court personnel" means the staff of a 16
mental health court or other therapeutic court which has jurisdiction 17
over defendants who are dually diagnosed with mental disorders, 18
including court personnel, probation officers, a court monitor, 19
prosecuting attorney, or defense counsel acting within the scope of 20
therapeutic court duties. 21
(((68))) (69) "Treatment records" include registration and all 22
other records concerning persons who are receiving or who at any time 23
have received services for mental illness, which are maintained by 24
the department, the department of health, the authority, behavioral 25
health organizations and their staffs, and by treatment facilities. 26
Treatment records include mental health information contained in a 27
medical bill including but not limited to mental health drugs, a 28
mental health diagnosis, provider name, and dates of service stemming 29
from a medical service. Treatment records do not include notes or 30
records maintained for personal use by a person providing treatment 31
services for the department, the department of health, the authority, 32
behavioral health organizations, or a treatment facility if the notes 33
or records are not available to others. 34
(((69))) (70) "Tribe" has the same meaning as in RCW 71.24.025.35
(((70))) (71) "Video" means the delivery of behavioral health 36
services through the use of interactive audio and video technology, 37
permitting real-time communication between a person and a designated 38
crisis responder, for the purpose of evaluation. "Video" does not 39
p. 38 HB 1905
include the use of audio-only telephone, facsimile, email, or store 1
and forward technology. 2
(((71))) (72) "Violent act" means behavior that resulted in 3
homicide, attempted suicide, injury, or substantial loss or damage to 4
property. 5
Sec. 8. RCW 72.23.010 and 2000 c 22 s 2 are each amended to read 6
as follows: 7
The definitions in this section apply throughout this chapter, 8
unless the context clearly requires otherwise. 9
(1) "Court" means the superior court of the state of Washington.10
(2) "Department" means the department of social and health 11
services. 12
(3) "Employee" means an employee as defined in RCW 49.17.020.13
(4) "Licensed physician" means an individual permitted to 14
practice as a physician under the laws of the state, or a medical 15
officer, similarly qualified, of the government of the United States 16
while in this state in performance of his or her official duties.17
(5) "Mentally ill person" means any person who, pursuant to the 18
definitions contained in RCW 71.05.020, as a result of a mental 19
disorder presents a likelihood of serious harm to others or himself 20
or herself or is gravely disabled. 21
(6) "Patient" means a person under observation, care, or 22
treatment in a state hospital, or a person found mentally ill by the 23
court, and not discharged from a state hospital, or other facility, 24
to which such person had been ordered hospitalized.25
(7) "Resident" means a resident of the state of Washington.26
(8) "Secretary" means the secretary of social and health 27
services. 28
(9) "State hospital" means ((any)) a hospital((, including a 29
child study and treatment center, operated and maintained by the 30
state of Washington for the care of the mentally ill )) designated 31
under RCW 72.23.020. 32
(10) "Superintendent" means the superintendent of a state 33
hospital. 34
(11) "Violence" or "violent act" means any physical assault or 35
attempted physical assault against an employee or patient of a state 36
hospital. 37
Wherever used in this chapter, the masculine shall include the 38
feminine and the singular shall include the plural.39
p. 39 HB 1905
Sec. 9. RCW 72.23.020 and 1959 c 28 s 72.23.020 are each amended 1
to read as follows: 2
There are hereby permanently located and established the 3
following state hospitals: Western state hospital at Fort Steilacoom, 4
Pierce county; eastern state hospital at Medical Lake, Spokane 5
county; and ((northern state hospital near Sedro Woolley, Skagit 6
county)) the child study and treatment center at Fort Steilacoom, 7
Pierce county. 8
Sec. 10. RCW 2.70.023 and 2024 c 294 s 2 are each amended to 9
read as follows: 10
(1) Except as otherwise provided in this section, the office of 11
public defense shall not provide direct representation of clients.12
(2) In order to protect and preserve client rights when 13
administering the office's statutory duties to provide initial 14
telephonic or video consultation services, managing and supervising 15
attorneys of the office of public defense who meet applicable public 16
defense qualifications may provide limited short-term coverage for 17
the consultation services if office of public defense contracted 18
counsel is unavailable to provide the consultation services. The 19
office shall provide services in a manner consistent with the rules 20
of professional conduct, chapter 42.52 RCW, and applicable policies 21
of the office of public defense. 22
(3) The office of public defense may facilitate and supervise 23
placement of law clerks, externs, and interns with office of public 24
defense contracted counsel, in a manner consistent with the 25
Washington admission and practice rules, the rules of professional 26
conduct, chapter 42.52 RCW, and applicable policies of the office of 27
public defense. 28
(4) Employees of the office of public defense may provide pro 29
bono legal services in a manner consistent with the rules of 30
professional conduct, chapter 42.52 RCW, and applicable policies of 31
the office of public defense. The policies of the office of public 32
defense must require that employees providing pro bono legal services 33
obtain and provide to the office a written statement, signed by any 34
pro bono client, acknowledging that: 35
(a) The pro bono legal services are provided by the employee 36
acting in the employee's personal capacity and not as an employee of 37
the office of public defense; and 38
p. 40 HB 1905
(b) The state of Washington may not be held liable for any claim 1
arising from the provision of pro bono legal services by the 2
employees of the office of public defense. 3
The office of public defense shall retain the written statements 4
in a manner consistent with records relating to potential conflicts 5
of interest. 6
(5) The office of public defense may provide public defense 7
services in involuntary commitment cases under chapter 71.05 or 71.34 8
RCW at the request of a county, either directly or by contracting 9
with persons admitted to practice law in this state or organizations 10
that employ persons admitted to practice law in this state, using 11
funds provided by the county pursuant to RCW 71.05.110(2).12
NEW SECTION. Sec. 11. The following acts or parts of acts are 13
each repealed:14
(1) 2024 c 62 s 26; and 15
(2) 2024 c 62 s 27. 16
NEW SECTION. Sec. 12. Section 1 of this act expires when 17
section 2 of this act takes effect.18
NEW SECTION. Sec. 13. Section 2 of this act takes effect when 19
the contingency in section 26, chapter 433, Laws of 2023 takes 20
effect.21
NEW SECTION. Sec. 14. Section 6 of this act expires when 22
section 7 of this act takes effect.23
NEW SECTION. Sec. 15. Section 7 of this act takes effect when 24
the contingency in section 13, chapter 433, Laws of 2023 takes 25
effect.26
NEW SECTION. Sec. 16. This act is necessary for the immediate 27
preservation of the public peace, health, or safety, or support of 28
the state government and its existing public institutions, and takes 29
effect immediately.30
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p. 41 HB 1905