Opioid overdose/civil commit

AN ACT Relating to facilitating civil commitment for treatment 1
for a person requiring revival by opioid overdose reversal 2
medication; reenacting and amending RCW 71.05.020 and 71.05.020; 3
providing a contingent effective date; and providing a contingent 4
expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 71.05.020 and 2024 c 371 s 17, 2024 c 209 s 5, and 7
2024 c 62 s 18 are each reenacted and amended to read as follows:8
The definitions in this section apply throughout this chapter 9
unless the context clearly requires otherwise. 10
(1) "23-hour crisis relief center" has the same meaning as under 11
RCW 71.24.025; 12
(2) "Admission" or "admit" means a decision by a physician, 13
physician assistant, or psychiatric advanced registered nurse 14
practitioner that a person should be examined or treated as a patient 15
in a hospital; 16
(3) "Alcoholism" means a disease, characterized by a dependency 17
on alcoholic beverages, loss of control over the amount and 18
circumstances of use, symptoms of tolerance, physiological or 19
psychological withdrawal, or both, if use is reduced or discontinued, 20
S-0295.3
SENATE BILL 5229
State of Washington 69th Legislature 2025 Regular Session
By Senator Wagoner
Prefiled 01/10/25.
p. 1 SB 5229
and impairment of health or disruption of social or economic 1
functioning; 2
(4) "Antipsychotic medications" means that class of drugs 3
primarily used to treat serious manifestations of mental illness 4
associated with thought disorders, which includes, but is not limited 5
to atypical antipsychotic medications; 6
(5) "Approved substance use disorder treatment program" means a 7
program for persons with a substance use disorder provided by a 8
treatment program certified by the department as meeting standards 9
adopted under chapter 71.24 RCW; 10
(6) "Attending staff" means any person on the staff of a public 11
or private agency having responsibility for the care and treatment of 12
a patient; 13
(7) "Authority" means the Washington state health care authority;14
(8) "Behavioral health disorder" means either a mental disorder 15
as defined in this section, a substance use disorder as defined in 16
this section, or a co-occurring mental disorder and substance use 17
disorder; 18
(9) "Behavioral health service provider" means a public or 19
private agency that provides mental health, substance use disorder, 20
or co-occurring disorder services to persons with behavioral health 21
disorders as defined under this section and receives funding from 22
public sources. This includes, but is not limited to: Hospitals 23
licensed under chapter 70.41 RCW; evaluation and treatment facilities 24
as defined in this section; community mental health service delivery 25
systems or community behavioral health programs as defined in RCW 26
71.24.025; licensed or certified behavioral health agencies under RCW 27
71.24.037; an entity with a tribal attestation that it meets minimum 28
standards or a licensed or certified behavioral health agency as 29
defined in RCW 71.24.025; facilities conducting competency 30
evaluations and restoration under chapter 10.77 RCW; approved 31
substance use disorder treatment programs as defined in this section; 32
secure withdrawal management and stabilization facilities as defined 33
in this section; and correctional facilities operated by state, 34
local, and tribal governments; 35
(10) "Co-occurring disorder specialist" means an individual 36
possessing an enhancement granted by the department of health under 37
chapter 18.205 RCW that certifies the individual to provide substance 38
use disorder counseling subject to the practice limitations under RCW 39
18.205.105; 40
p. 2 SB 5229
(11) "Commitment" means the determination by a court that a 1
person should be detained for a period of either evaluation or 2
treatment, or both, in an inpatient or a less restrictive setting;3
(12) "Community behavioral health agency" has the same meaning as 4
"licensed or certified behavioral health agency" defined in RCW 5
71.24.025; 6
(13) "Conditional release" means a revocable modification of a 7
commitment, which may be revoked upon violation of any of its terms;8
(14) "Crisis stabilization unit" means a short-term facility or a 9
portion of a facility licensed or certified by the department, such 10
as an evaluation and treatment facility or a hospital, which has been 11
designed to assess, diagnose, and treat individuals experiencing an 12
acute crisis without the use of long-term hospitalization, or to 13
determine the need for involuntary commitment of an individual;14
(15) "Custody" means involuntary detention under the provisions 15
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 16
unconditional release from commitment from a facility providing 17
involuntary care and treatment; 18
(16) "Department" means the department of health;19
(17) "Designated crisis responder" means a mental health 20
professional appointed by the county, by an entity appointed by the 21
county, or by the authority in consultation with a tribe or after 22
meeting and conferring with an Indian health care provider, to 23
perform the duties specified in this chapter; 24
(18) "Detention" or "detain" means the lawful confinement of a 25
person, under the provisions of this chapter; 26
(19) "Developmental disabilities professional" means a person who 27
has specialized training and three years of experience in directly 28
treating or working with persons with developmental disabilities and 29
is a psychiatrist, physician assistant working with a psychiatrist 30
who is acting as a participating physician as defined in RCW 31
18.71A.010, psychologist, psychiatric advanced registered nurse 32
practitioner, or social worker, and such other developmental 33
disabilities professionals as may be defined by rules adopted by the 34
secretary of the department of social and health services;35
(20) "Developmental disability" means that condition defined in 36
RCW 71A.10.020(6); 37
(21) "Director" means the director of the authority;38
p. 3 SB 5229
(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 26
severe 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; or (c) within the past 180 days has required 30
revival by opioid overdose reversal medication to prevent a fatality 31
or probable fatality;32
(26) "Habilitative services" means those services provided by 33
program personnel to assist persons in acquiring and maintaining life 34
skills and in raising their levels of physical, mental, social, and 35
vocational functioning. Habilitative services include education, 36
training for employment, and therapy. The habilitative process shall 37
be undertaken with recognition of the risk to the public safety 38
presented by the person being assisted as manifested by prior charged 39
criminal conduct; 40
p. 4 SB 5229
(27) "Hearing" means any proceeding conducted in open court that 1
conforms to the requirements of RCW 71.05.820; 2
(28) "History of one or more violent acts" refers to the period 3
of time ten years prior to the filing of a petition under this 4
chapter, excluding any time spent, but not any violent acts 5
committed, in a behavioral health facility, or in confinement as a 6
result of a criminal conviction; 7
(29) "Imminent" means the state or condition of being likely to 8
occur at any moment or near at hand, rather than distant or remote;9
(30) "In need of assisted outpatient treatment" refers to a 10
person who meets the criteria for assisted outpatient treatment 11
established under RCW 71.05.148; 12
(31) "Individualized service plan" means a plan prepared by a 13
developmental disabilities professional with other professionals as a 14
team, for a person with developmental disabilities, which shall 15
state: 16
(a) The nature of the person's specific problems, prior charged 17
criminal behavior, and habilitation needs; 18
(b) The conditions and strategies necessary to achieve the 19
purposes of habilitation; 20
(c) The intermediate and long-range goals of the habilitation 21
program, with a projected timetable for the attainment;22
(d) The rationale for using this plan of habilitation to achieve 23
those intermediate and long-range goals; 24
(e) The staff responsible for carrying out the plan;25
(f) Where relevant in light of past criminal behavior and due 26
consideration for public safety, the criteria for proposed movement 27
to less-restrictive settings, criteria for proposed eventual 28
discharge or release, and a projected possible date for discharge or 29
release; and 30
(g) The type of residence immediately anticipated for the person 31
and possible future types of residences; 32
(32) "Intoxicated person" means a person whose mental or physical 33
functioning is substantially impaired as a result of the use of 34
alcohol or other psychoactive chemicals; 35
(33) "Judicial commitment" means a commitment by a court pursuant 36
to the provisions of this chapter; 37
(34) "Legal counsel" means attorneys and staff employed by county 38
prosecutor offices or the state attorney general acting in their 39
p. 5 SB 5229
capacity as legal representatives of public behavioral health service 1
providers under RCW 71.05.130; 2
(35) "Less restrictive alternative treatment" means a program of 3
individualized treatment in a less restrictive setting than inpatient 4
treatment that includes the services described in RCW 71.05.585. This 5
term includes: Treatment pursuant to a less restrictive alternative 6
treatment order under RCW 71.05.240 or 71.05.320; treatment pursuant 7
to a conditional release under RCW 71.05.340; and treatment pursuant 8
to an assisted outpatient treatment order under RCW 71.05.148;9
(36) "Licensed physician" means a person licensed to practice 10
medicine or osteopathic medicine and surgery in the state of 11
Washington; 12
(37) "Likelihood of serious harm" means: 13
(a) A substantial risk that: (i) Physical harm will be inflicted 14
by a person upon his or her own person, as evidenced by threats or 15
attempts to commit suicide or inflict physical harm on oneself; (ii) 16
physical harm will be inflicted by a person upon another, as 17
evidenced by behavior which has caused such harm or which places 18
another person or persons in reasonable fear of sustaining such harm; 19
or (iii) physical harm will be inflicted by a person upon the 20
property of others, as evidenced by behavior which has caused 21
substantial loss or damage to the property of others; or22
(b) The person has threatened the physical safety of another and 23
has a history of one or more violent acts; 24
(38) "Medical clearance" means a physician or other health care 25
provider, including an Indian health care provider, has determined 26
that a person is medically stable and ready for referral to the 27
designated crisis responder or facility. For a person presenting in 28
the community, no medical clearance is required prior to 29
investigation by a designated crisis responder; 30
(39) "Mental disorder" means any organic, mental, or emotional 31
impairment which has substantial adverse effects on a person's 32
cognitive or volitional functions; 33
(40) "Mental health professional" means an individual practicing 34
within the mental health professional's statutory scope of practice 35
who is: 36
(a) A psychiatrist, psychologist, physician assistant working 37
with a psychiatrist who is acting as a participating physician as 38
defined in RCW 18.71A.010, psychiatric advanced registered nurse 39
p. 6 SB 5229
practitioner, psychiatric nurse, or social worker, as defined in this 1
chapter and chapter 71.34 RCW; 2
(b) A mental health counselor, mental health counselor associate, 3
marriage and family therapist, or marriage and family therapist 4
associate, as defined in chapter 18.225 RCW; 5
(c) A certified or licensed agency affiliated counselor, as 6
defined in chapter 18.19 RCW; or 7
(d) A licensed psychological associate as described in chapter 8
18.83 RCW; 9
(41) "Peace officer" means a law enforcement official of a public 10
agency or governmental unit, and includes persons specifically given 11
peace officer powers by any state law, local ordinance, or judicial 12
order of appointment; 13
(42) "Physician assistant" means a person licensed as a physician 14
assistant under chapter 18.71A RCW; 15
(43) "Private agency" means any person, partnership, corporation, 16
or association that is not a public agency, whether or not financed 17
in whole or in part by public funds, which constitutes an evaluation 18
and treatment facility or private institution, or hospital, or 19
approved substance use disorder treatment program, which is conducted 20
for, or includes a department or ward conducted for, the care and 21
treatment of persons with behavioral health disorders;22
(44) "Professional person" means a mental health professional, 23
substance use disorder professional, or designated crisis responder 24
and shall also mean a physician, physician assistant, psychiatric 25
advanced registered nurse practitioner, registered nurse, and such 26
others as may be defined by rules adopted by the secretary pursuant 27
to the provisions of this chapter; 28
(45) "Psychiatric advanced registered nurse practitioner" means a 29
person who is licensed as an advanced registered nurse practitioner 30
pursuant to chapter 18.79 RCW; and who is board certified in advanced 31
practice psychiatric and mental health nursing; 32
(46) "Psychiatrist" means a person having a license as a 33
physician and surgeon in this state who has in addition completed 34
three years of graduate training in psychiatry in a program approved 35
by the American medical association or the American osteopathic 36
association and is certified or eligible to be certified by the 37
American board of psychiatry and neurology; 38
(47) "Psychologist" means a person who has been licensed as a 39
psychologist pursuant to chapter 18.83 RCW; 40
p. 7 SB 5229
(48) "Public agency" means any evaluation and treatment facility 1
or institution, secure withdrawal management and stabilization 2
facility, approved substance use disorder treatment program, or 3
hospital which is conducted for, or includes a department or ward 4
conducted for, the care and treatment of persons with behavioral 5
health disorders, if the agency is operated directly by federal, 6
state, county, or municipal government, or a combination of such 7
governments; 8
(49) "Release" means legal termination of the commitment under 9
the provisions of this chapter; 10
(50) "Resource management services" has the meaning given in 11
chapter 71.24 RCW; 12
(51) "Secretary" means the secretary of the department of health, 13
or his or her designee; 14
(52) "Secure withdrawal management and stabilization facility" 15
means a facility operated by either a public or private agency or by 16
the program of an agency which provides care to voluntary individuals 17
and individuals involuntarily detained and committed under this 18
chapter for whom there is a likelihood of serious harm or who are 19
gravely disabled due to the presence of a substance use disorder. 20
Secure withdrawal management and stabilization facilities must:21
(a) Provide the following services: 22
(i) Assessment and treatment, provided by certified substance use 23
disorder professionals or co-occurring disorder specialists;24
(ii) Clinical stabilization services; 25
(iii) Acute or subacute detoxification services for intoxicated 26
individuals; and 27
(iv) Discharge assistance provided by certified substance use 28
disorder professionals or co-occurring disorder specialists, 29
including facilitating transitions to appropriate voluntary or 30
involuntary inpatient services or to less restrictive alternatives as 31
appropriate for the individual; 32
(b) Include security measures sufficient to protect the patients, 33
staff, and community; and 34
(c) Be licensed or certified as such by the department of health;35
(53) "Social worker" means a person with a master's or further 36
advanced degree from a social work educational program accredited and 37
approved as provided in RCW 18.320.010; 38
(54) "Substance use disorder" means a cluster of cognitive, 39
behavioral, and physiological symptoms indicating that an individual 40
p. 8 SB 5229
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) "Substance use disorder professional" means a person 5
certified as a substance use disorder professional by the department 6
of health under chapter 18.205 RCW; 7
(56) "Therapeutic court personnel" means the staff of a mental 8
health court or other therapeutic court which has jurisdiction over 9
defendants who are dually diagnosed with mental disorders, including 10
court personnel, probation officers, a court monitor, prosecuting 11
attorney, or defense counsel acting within the scope of therapeutic 12
court duties; 13
(57) "Treatment records" include registration and all other 14
records concerning persons who are receiving or who at any time have 15
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) "Tribe" has the same meaning as in RCW 71.24.025;30
(59) "Video," unless the context clearly indicates otherwise, 31
means the delivery of behavioral health services through the use of 32
interactive audio and video technology, permitting real-time 33
communication between a person and a designated crisis responder, for 34
the purpose of evaluation. "Video" does not include the use of audio-35
only telephone, facsimile, email, or store and forward technology. 36
"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. 9 SB 5229
(60) "Violent act" means behavior that resulted in homicide, 1
attempted suicide, injury, or substantial loss or damage to property.2
Sec. 2. RCW 71.05.020 and 2024 c 371 s 18, 2024 c 209 s 6, and 3
2024 c 62 s 19 are each reenacted and amended to read as follows:4
The definitions in this section apply throughout this chapter 5
unless the context clearly requires otherwise. 6
(1) "23-hour crisis relief center" has the same meaning as under 7
RCW 71.24.025; 8
(2) "Admission" or "admit" means a decision by a physician, 9
physician assistant, or psychiatric advanced registered nurse 10
practitioner that a person should be examined or treated as a patient 11
in a hospital; 12
(3) "Alcoholism" means a disease, characterized by a dependency 13
on alcoholic beverages, loss of control over the amount and 14
circumstances of use, symptoms of tolerance, physiological or 15
psychological withdrawal, or both, if use is reduced or discontinued, 16
and impairment of health or disruption of social or economic 17
functioning; 18
(4) "Antipsychotic medications" means that class of drugs 19
primarily used to treat serious manifestations of mental illness 20
associated with thought disorders, which includes, but is not limited 21
to atypical antipsychotic medications; 22
(5) "Approved substance use disorder treatment program" means a 23
program for persons with a substance use disorder provided by a 24
treatment program certified by the department as meeting standards 25
adopted under chapter 71.24 RCW; 26
(6) "Attending staff" means any person on the staff of a public 27
or private agency having responsibility for the care and treatment of 28
a patient; 29
(7) "Authority" means the Washington state health care authority;30
(8) "Behavioral health disorder" means either a mental disorder 31
as defined in this section, a substance use disorder as defined in 32
this section, or a co-occurring mental disorder and substance use 33
disorder; 34
(9) "Behavioral health service provider" means a public or 35
private agency that provides mental health, substance use disorder, 36
or co-occurring disorder services to persons with behavioral health 37
disorders as defined under this section and receives funding from 38
public sources. This includes, but is not limited to: Hospitals 39
p. 10 SB 5229
licensed under chapter 70.41 RCW; evaluation and treatment facilities 1
as defined in this section; community mental health service delivery 2
systems or community behavioral health programs as defined in RCW 3
71.24.025; licensed or certified behavioral health agencies under RCW 4
71.24.037; an entity with a tribal attestation that it meets minimum 5
standards or a licensed or certified behavioral health agency as 6
defined in RCW 71.24.025; facilities conducting competency 7
evaluations and restoration under chapter 10.77 RCW; approved 8
substance use disorder treatment programs as defined in this section; 9
secure withdrawal management and stabilization facilities as defined 10
in this section; and correctional facilities operated by state, 11
local, and tribal governments; 12
(10) "Co-occurring disorder specialist" means an individual 13
possessing an enhancement granted by the department of health under 14
chapter 18.205 RCW that certifies the individual to provide substance 15
use disorder counseling subject to the practice limitations under RCW 16
18.205.105; 17
(11) "Commitment" means the determination by a court that a 18
person should be detained for a period of either evaluation or 19
treatment, or both, in an inpatient or a less restrictive setting;20
(12) "Community behavioral health agency" has the same meaning as 21
"licensed or certified behavioral health agency" defined in RCW 22
71.24.025; 23
(13) "Conditional release" means a revocable modification of a 24
commitment, which may be revoked upon violation of any of its terms;25
(14) "Crisis stabilization unit" means a short-term facility or a 26
portion of a facility licensed or certified by the department, such 27
as an evaluation and treatment facility or a hospital, which has been 28
designed to assess, diagnose, and treat individuals experiencing an 29
acute crisis without the use of long-term hospitalization, or to 30
determine the need for involuntary commitment of an individual;31
(15) "Custody" means involuntary detention under the provisions 32
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 33
unconditional release from commitment from a facility providing 34
involuntary care and treatment; 35
(16) "Department" means the department of health;36
(17) "Designated crisis responder" means a mental health 37
professional appointed by the county, by an entity appointed by the 38
county, or by the authority in consultation with a tribe or after 39
p. 11 SB 5229
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 SB 5229
physical harm resulting from a failure to provide for his or her 1
essential human needs of health or safety; ((or)) (b) manifests 2
severe deterioration from safe behavior evidenced by repeated and 3
escalating loss of cognitive or volitional control over his or her 4
actions and is not receiving such care as is essential for his or her 5
health or safety; or (c) within the past 180 days has required 6
revival by opioid overdose reversal medication to prevent a fatality 7
or probable fatality;8
(26) "Habilitative services" means those services provided by 9
program personnel to assist persons in acquiring and maintaining life 10
skills and in raising their levels of physical, mental, social, and 11
vocational functioning. Habilitative services include education, 12
training for employment, and therapy. The habilitative process shall 13
be undertaken with recognition of the risk to the public safety 14
presented by the person being assisted as manifested by prior charged 15
criminal conduct; 16
(27) "Hearing" means any proceeding conducted in open court that 17
conforms to the requirements of RCW 71.05.820; 18
(28) "History of one or more violent acts" refers to the period 19
of time ten years prior to the filing of a petition under this 20
chapter, excluding any time spent, but not any violent acts 21
committed, in a behavioral health facility, or in confinement as a 22
result of a criminal conviction; 23
(29) "Imminent" means the state or condition of being likely to 24
occur at any moment or near at hand, rather than distant or remote;25
(30) "In need of assisted outpatient treatment" refers to a 26
person who meets the criteria for assisted outpatient treatment 27
established under RCW 71.05.148; 28
(31) "Individualized service plan" means a plan prepared by a 29
developmental disabilities professional with other professionals as a 30
team, for a person with developmental disabilities, which shall 31
state: 32
(a) The nature of the person's specific problems, prior charged 33
criminal behavior, and habilitation needs; 34
(b) The conditions and strategies necessary to achieve the 35
purposes of habilitation; 36
(c) The intermediate and long-range goals of the habilitation 37
program, with a projected timetable for the attainment;38
(d) The rationale for using this plan of habilitation to achieve 39
those intermediate and long-range goals; 40
p. 13 SB 5229
(e) The staff responsible for carrying out the plan;1
(f) Where relevant in light of past criminal behavior and due 2
consideration for public safety, the criteria for proposed movement 3
to less-restrictive settings, criteria for proposed eventual 4
discharge or release, and a projected possible date for discharge or 5
release; and 6
(g) The type of residence immediately anticipated for the person 7
and possible future types of residences; 8
(32) "Intoxicated person" means a person whose mental or physical 9
functioning is substantially impaired as a result of the use of 10
alcohol or other psychoactive chemicals; 11
(33) "Judicial commitment" means a commitment by a court pursuant 12
to the provisions of this chapter; 13
(34) "Legal counsel" means attorneys and staff employed by county 14
prosecutor offices or the state attorney general acting in their 15
capacity as legal representatives of public behavioral health service 16
providers under RCW 71.05.130; 17
(35) "Less restrictive alternative treatment" means a program of 18
individualized treatment in a less restrictive setting than inpatient 19
treatment that includes the services described in RCW 71.05.585. This 20
term includes: Treatment pursuant to a less restrictive alternative 21
treatment order under RCW 71.05.240 or 71.05.320; treatment pursuant 22
to a conditional release under RCW 71.05.340; and treatment pursuant 23
to an assisted outpatient treatment order under RCW 71.05.148;24
(36) "Licensed physician" means a person licensed to practice 25
medicine or osteopathic medicine and surgery in the state of 26
Washington; 27
(37) "Likelihood of serious harm" means: 28
(a) A substantial risk that: (i) Physical harm will be inflicted 29
by a person upon his or her own person, as evidenced by threats or 30
attempts to commit suicide or inflict physical harm on oneself; (ii) 31
physical harm will be inflicted by a person upon another, as 32
evidenced by behavior which has caused harm, substantial pain, or 33
which places another person or persons in reasonable fear of harm to 34
themselves or others; or (iii) physical harm will be inflicted by a 35
person upon the property of others, as evidenced by behavior which 36
has caused substantial loss or damage to the property of others; or37
(b) The person has threatened the physical safety of another and 38
has a history of one or more violent acts; 39
p. 14 SB 5229
(38) "Medical clearance" means a physician or other health care 1
provider, including an Indian health care provider, has determined 2
that a person is medically stable and ready for referral to the 3
designated crisis responder or facility. For a person presenting in 4
the community, no medical clearance is required prior to 5
investigation by a designated crisis responder; 6
(39) "Mental disorder" means any organic, mental, or emotional 7
impairment which has substantial adverse effects on a person's 8
cognitive or volitional functions; 9
(40) "Mental health professional" means an individual practicing 10
within the mental health professional's statutory scope of practice 11
who is: 12
(a) A psychiatrist, psychologist, physician assistant working 13
with a psychiatrist who is acting as a participating physician as 14
defined in RCW 18.71A.010, psychiatric advanced registered nurse 15
practitioner, psychiatric nurse, or social worker, as defined in this 16
chapter and chapter 71.34 RCW; 17
(b) A mental health counselor, mental health counselor associate, 18
marriage and family therapist, or marriage and family therapist 19
associate, as defined in chapter 18.225 RCW; 20
(c) A certified or licensed agency affiliated counselor, as 21
defined in chapter 18.19 RCW; or 22
(d) A licensed psychological associate as described in chapter 23
18.83 RCW; 24
(41) "Peace officer" means a law enforcement official of a public 25
agency or governmental unit, and includes persons specifically given 26
peace officer powers by any state law, local ordinance, or judicial 27
order of appointment; 28
(42) "Physician assistant" means a person licensed as a physician 29
assistant under chapter 18.71A RCW; 30
(43) "Private agency" means any person, partnership, corporation, 31
or association that is not a public agency, whether or not financed 32
in whole or in part by public funds, which constitutes an evaluation 33
and treatment facility or private institution, or hospital, or 34
approved substance use disorder treatment program, which is conducted 35
for, or includes a department or ward conducted for, the care and 36
treatment of persons with behavioral health disorders;37
(44) "Professional person" means a mental health professional, 38
substance use disorder professional, or designated crisis responder 39
and shall also mean a physician, physician assistant, psychiatric 40
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advanced registered nurse practitioner, registered nurse, and such 1
others as may be defined by rules adopted by the secretary pursuant 2
to the provisions of this chapter; 3
(45) "Psychiatric advanced registered nurse practitioner" means a 4
person who is licensed as an advanced registered nurse practitioner 5
pursuant to chapter 18.79 RCW; and who is board certified in advanced 6
practice psychiatric and mental health nursing; 7
(46) "Psychiatrist" means a person having a license as a 8
physician and surgeon in this state who has in addition completed 9
three years of graduate training in psychiatry in a program approved 10
by the American medical association or the American osteopathic 11
association and is certified or eligible to be certified by the 12
American board of psychiatry and neurology; 13
(47) "Psychologist" means a person who has been licensed as a 14
psychologist pursuant to chapter 18.83 RCW; 15
(48) "Public agency" means any evaluation and treatment facility 16
or institution, secure withdrawal management and stabilization 17
facility, approved substance use disorder treatment program, or 18
hospital which is conducted for, or includes a department or ward 19
conducted for, the care and treatment of persons with behavioral 20
health disorders, if the agency is operated directly by federal, 21
state, county, or municipal government, or a combination of such 22
governments; 23
(49) "Release" means legal termination of the commitment under 24
the provisions of this chapter; 25
(50) "Resource management services" has the meaning given in 26
chapter 71.24 RCW; 27
(51) "Secretary" means the secretary of the department of health, 28
or his or her designee; 29
(52) "Secure withdrawal management and stabilization facility" 30
means a facility operated by either a public or private agency or by 31
the program of an agency which provides care to voluntary individuals 32
and individuals involuntarily detained and committed under this 33
chapter for whom there is a likelihood of serious harm or who are 34
gravely disabled due to the presence of a substance use disorder. 35
Secure withdrawal management and stabilization facilities must:36
(a) Provide the following services: 37
(i) Assessment and treatment, provided by certified substance use 38
disorder professionals or co-occurring disorder specialists;39
(ii) Clinical stabilization services; 40
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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) "Substance use disorder" means a cluster of cognitive, 19
behavioral, and physiological symptoms indicating that an individual 20
continues using the substance despite significant substance-related 21
problems. The diagnosis of a substance use disorder is based on a 22
pathological pattern of behaviors related to the use of the 23
substances; 24
(56) "Substance use disorder professional" means a person 25
certified as a substance use disorder professional by the department 26
of health under chapter 18.205 RCW; 27
(57) "Therapeutic court personnel" means the staff of a mental 28
health court or other therapeutic court which has jurisdiction over 29
defendants who are dually diagnosed with mental disorders, including 30
court personnel, probation officers, a court monitor, prosecuting 31
attorney, or defense counsel acting within the scope of therapeutic 32
court duties; 33
(58) "Treatment records" include registration and all other 34
records concerning persons who are receiving or who at any time have 35
received services for behavioral health disorders, which are 36
maintained by the department of social and health services, the 37
department, the authority, behavioral health administrative services 38
organizations and their staffs, managed care organizations and their 39
staffs, and by treatment facilities. Treatment records include mental 40
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health information contained in a medical bill including but not 1
limited to mental health drugs, a mental health diagnosis, provider 2
name, and dates of service stemming from a medical service. Treatment 3
records do not include notes or records maintained for personal use 4
by a person providing treatment services for the department of social 5
and health services, the department, the authority, behavioral health 6
administrative services organizations, managed care organizations, or 7
a treatment facility if the notes or records are not available to 8
others; 9
(59) "Tribe" has the same meaning as in RCW 71.24.025;10
(60) "Video," unless the context clearly indicates otherwise, 11
means the delivery of behavioral health services through the use of 12
interactive audio and video technology, permitting real-time 13
communication between a person and a designated crisis responder, for 14
the purpose of evaluation. "Video" does not include the use of audio-15
only telephone, facsimile, email, or store and forward technology. 16
"Store and forward technology" means use of an asynchronous 17
transmission of a person's medical information from a mental health 18
service provider to the designated crisis responder which results in 19
medical diagnosis, consultation, or treatment; 20
(61) "Violent act" means behavior that resulted in homicide, 21
attempted suicide, injury, or substantial loss or damage to property.22
NEW SECTION. Sec. 3. Section 1 of this act expires when section 23
2 of this act takes effect.24
NEW SECTION. Sec. 4. Section 2 of this act takes effect when 25
the contingency in section 26, chapter 433, Laws of 2023 takes 26
effect.27
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