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, 2.70.020, and 2.70.023; 3
reenacting and amending RCW 71.05.020, 71.05.020, 71.34.020, and 4
71.34.020; repealing 2024 c 62 ss 26 and 27; providing contingent 5
effective dates; providing contingent expiration dates; and declaring 6
an 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
S-0855.6
SENATE BILL 5745
State of Washington 69th Legislature 2025 Regular Session
By Senators Dhingra, Bateman, Lovick, Nobles, and Pedersen
Read first time 02/13/25. Referred to Committee on Law & Justice.
p. 1 SB 5745
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 SB 5745
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 SB 5745
(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 SB 5745
(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 SB 5745
(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 SB 5745
(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 SB 5745
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 SB 5745
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 SB 5745
(((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 SB 5745
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 SB 5745
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 5745
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 SB 5745
(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 SB 5745
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
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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 SB 5745
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) The county where the person is detained shall administer 28
appointed counsel under this chapter, regardless of the person's 29
county of origin. Reimbursement for the costs of such representation 30
is specified under RCW 71.05.730. The county shall provide counsel:31
(a) Directly;32
(b) By contracting for that representation; or33
(c) By submitting a request to the health care authority to 34
contract for such counsel with the office of public defense on the 35
county's behalf under chapter 2.70 RCW.36
(2) Attorneys appointed for persons pursuant to this chapter 37
shall be compensated for their services as follows: (((1))) (a) The 38
person for whom an attorney is appointed shall, if he or she is 39
p. 18 SB 5745
financially able pursuant to standards as to financial capability and 1
indigency set by the superior court of the county in which the 2
proceeding is held, bear the costs of such legal services; (((2))) 3
(b) if such person is indigent pursuant to such standards, the 4
behavioral health administrative services organization shall 5
reimburse the county in which the proceeding is held for the direct 6
costs of such legal services, as provided in RCW 71.05.730.7
(3) This section supersedes any local ordinance, charter, or 8
rule.9
Sec. 4. RCW 71.05.130 and 2015 c 258 s 4 are each amended to 10
read as follows: 11
(1) In any judicial proceeding for involuntary commitment or 12
detention except under RCW 71.05.201, or in any proceeding 13
challenging involuntary commitment or detention, the prosecuting 14
attorney for the county in which the proceeding was initiated shall 15
represent the individuals or agencies petitioning for commitment or 16
detention and shall defend all challenges to such commitment or 17
detention, except that the attorney general shall represent and 18
provide legal services and advice to state hospitals ((or 19
institutions)) and facilities listed under subsection (2) of this 20
section with regard to all provisions of and proceedings under this 21
chapter other than proceedings initiated by such hospitals and 22
((institutions)) facilities seeking ((fourteen day )) 14-day 23
detention. 24
(2) Facilities where the attorney general shall represent and 25
provide legal services and advice under subsection (1) of this 26
section are:27
(a) The center for behavioral health and learning located on the 28
University of Washington medical center northwest campus; and29
(b) Facilities owned by the department of social and health 30
services that operate in Thurston and Clark counties and provide 31
inpatient services to individuals under this chapter.32
Sec. 5. RCW 71.05.730 and 2024 c 209 s 28 are each amended to 33
read as follows: 34
(1) A county may apply to its behavioral health administrative 35
services organization on a quarterly basis for reimbursement of its 36
direct costs in providing judicial services for civil commitment 37
cases under this chapter and chapter 71.34 RCW. A tribe may apply to 38
p. 19 SB 5745
the authority on a quarterly basis for reimbursement of its direct 1
costs in providing judicial services for civil commitment cases under 2
this chapter and chapter 71.34 RCW. The behavioral health 3
administrative services organization shall in turn be entitled to 4
reimbursement from the behavioral health administrative services 5
organization that serves the county of residence of the individual 6
who is the subject of the civil commitment case. 7
(2) Reimbursement for judicial services shall be provided per 8
civil commitment case at a rate to be determined based on an 9
independent assessment of the county's or tribe's actual direct 10
costs. This assessment must be based on an average of the 11
expenditures for judicial services within the county or tribe over 12
the past three years. In the event that a baseline cannot be 13
established because there is no significant history of similar cases 14
within the county or tribe, the reimbursement rate shall be equal to 15
80 percent of the median reimbursement rate of counties or tribes, if 16
applicable included in the independent assessment.17
(3) For the purposes of this section: 18
(a) "Civil commitment case" includes all judicial hearings 19
related to a single episode of hospitalization or less restrictive 20
alternative treatment, except that the filing of a petition for a one 21
hundred eighty-day commitment under this chapter or a petition for a 22
successive 180-day commitment under chapter 71.34 RCW shall be 23
considered to be a new case regardless of whether there has been a 24
break in detention. "Civil commitment case" does not include the 25
filing of a petition for a 180-day commitment under this chapter on 26
behalf of a patient at a state ((psychiatric)) hospital.27
(b) "Judicial services" means a county's or tribe's reasonable 28
direct costs in providing prosecutor services, assigned counsel and 29
defense services, court services, and court clerk services for civil 30
commitment cases under this chapter and chapter 71.34 RCW.31
(4) In the case where a county has requested that the health care 32
authority contract for public defense services on the county's behalf 33
under RCW 71.05.110, the authority shall reduce the funding provided 34
to the county's behavioral health administrative services 35
organization equivalent to the authority's expense in contracting 36
with the office of public defense for that representation. The 37
county's behavioral health administrative services organization may 38
still seek reimbursement from the behavioral health administrative 39
services organization that serves the county of residence of the 40
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individual who is the subject of the civil commitment case under 1
subsection (1) of this section. 2
(5) To the extent that resources have a shared purpose, the 3
behavioral health administrative services organization may only 4
reimburse counties to the extent such resources are necessary for and 5
devoted to judicial services as described in this section. To the 6
extent that resources have a shared purpose, the authority may only 7
reimburse tribes to the extent the resources are necessary for and 8
devoted to judicial services as described in this section.9
(((5))) (6) No filing fee may be charged or collected for any 10
civil commitment case subject to reimbursement under this section.11
Sec. 6. RCW 71.34.020 and 2024 c 367 s 3 and 2024 c 209 s 7 are 12
each reenacted and amended to read as follows: 13
Unless the context clearly requires otherwise, the definitions in 14
this section apply throughout this chapter. 15
(1) "23-hour crisis relief center" has the same meaning as 16
provided in RCW 71.24.025. 17
(2) "Admission" or "admit" means a decision by a physician, 18
physician assistant, or psychiatric advanced registered nurse 19
practitioner that a minor should be examined or treated as a patient 20
in a hospital. 21
(3) "Adolescent" means a minor thirteen years of age or older.22
(4) "Alcoholism" means a disease, characterized by a dependency 23
on alcoholic beverages, loss of control over the amount and 24
circumstances of use, symptoms of tolerance, physiological or 25
psychological withdrawal, or both, if use is reduced or discontinued, 26
and impairment of health or disruption of social or economic 27
functioning. 28
(5) "Antipsychotic medications" means that class of drugs 29
primarily used to treat serious manifestations of mental illness 30
associated with thought disorders, which includes, but is not limited 31
to, atypical antipsychotic medications. 32
(6) "Approved substance use disorder treatment program" means a 33
program for minors with substance use disorders provided by a 34
treatment program licensed or certified by the department of health 35
as meeting standards adopted under chapter 71.24 RCW.36
(7) "Attending staff" means any person on the staff of a public 37
or private agency having responsibility for the care and treatment of 38
a minor patient. 39
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(8) "Authority" means the Washington state health care authority.1
(9) "Behavioral health administrative services organization" has 2
the same meaning as provided in RCW 71.24.025. 3
(10) "Behavioral health disorder" means either a mental disorder 4
as defined in this section, a substance use disorder as defined in 5
this section, or a co-occurring mental disorder and substance use 6
disorder. 7
(11) "Child psychiatrist" means a person having a license as a 8
physician and surgeon in this state, who has had graduate training in 9
child psychiatry in a program approved by the American Medical 10
Association or the American Osteopathic Association, and who is board 11
eligible or board certified in child psychiatry. 12
(12) "Children's mental health specialist" means:13
(a) A mental health professional who has completed a minimum of 14
one hundred actual hours, not quarter or semester hours, of 15
specialized training devoted to the study of child development and 16
the treatment of children; and 17
(b) A mental health professional who has the equivalent of one 18
year of full-time experience in the treatment of children under the 19
supervision of a children's mental health specialist.20
(13) "Commitment" means a determination by a judge or court 21
commissioner, made after a commitment hearing, that the minor is in 22
need of inpatient diagnosis, evaluation, or treatment or that the 23
minor is in need of less restrictive alternative treatment.24
(14) "Conditional release" means a revocable modification of a 25
commitment, which may be revoked upon violation of any of its terms.26
(15) "Co-occurring disorder specialist" means an individual 27
possessing an enhancement granted by the department of health under 28
chapter 18.205 RCW that certifies the individual to provide substance 29
use disorder counseling subject to the practice limitations under RCW 30
18.205.105. 31
(16) "Crisis stabilization unit" means a short-term facility or a 32
portion of a facility licensed or certified by the department of 33
health under RCW 71.24.035, such as a residential treatment facility 34
or a hospital, which has been designed to assess, diagnose, and treat 35
individuals experiencing an acute crisis without the use of long-term 36
hospitalization, or to determine the need for involuntary commitment 37
of an individual. 38
(17) "Custody" means involuntary detention under the provisions 39
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 40
p. 22 SB 5745
unconditional release from commitment from a facility providing 1
involuntary care and treatment. 2
(18) "Department" means the department of social and health 3
services. 4
(19) "Designated crisis responder" has the same meaning as 5
provided in RCW 71.05.020. 6
(20) "Detention" or "detain" means the lawful confinement of a 7
person, under the provisions of this chapter. 8
(21) "Developmental disabilities professional" means a person who 9
has specialized training and three years of experience in directly 10
treating or working with persons with developmental disabilities and 11
is a psychiatrist, physician assistant working with a supervising 12
psychiatrist, psychologist, psychiatric advanced registered nurse 13
practitioner, or social worker, and such other developmental 14
disabilities professionals as may be defined by rules adopted by the 15
secretary of the department. 16
(22) "Developmental disability" has the same meaning as defined 17
in RCW 71A.10.020. 18
(23) "Director" means the director of the authority.19
(24) "Discharge" means the termination of hospital medical 20
authority. The commitment may remain in place, be terminated, or be 21
amended by court order. 22
(25) "Evaluation and treatment facility" means a public or 23
private facility or unit that is licensed or certified by the 24
department of health to provide emergency, inpatient, residential, or 25
outpatient mental health evaluation and treatment services for 26
minors. A physically separate and separately operated portion of a 27
state hospital may be designated as an evaluation and treatment 28
facility for minors. A facility which is part of or operated by the 29
state or federal agency does not require licensure or certification. 30
No correctional institution or facility, juvenile court detention 31
facility, or jail may be an evaluation and treatment facility within 32
the meaning of this chapter. 33
(26) "Evaluation and treatment program" means the total system of 34
services and facilities coordinated and approved by a county or 35
combination of counties for the evaluation and treatment of minors 36
under this chapter. 37
(27) "Gravely disabled minor" means a minor who, as a result of a 38
behavioral health disorder, (a) is in danger of serious physical harm 39
resulting from a failure to provide for his or her essential human 40
p. 23 SB 5745
needs of health or safety, or (b) manifests severe deterioration in 1
routine functioning evidenced by repeated and escalating loss of 2
cognitive or volitional control over his or her actions and is not 3
receiving such care as is essential for his or her health or safety.4
(28) "Habilitative services" means those services provided by 5
program personnel to assist minors in acquiring and maintaining life 6
skills and in raising their levels of physical, behavioral, social, 7
and vocational functioning. Habilitative services include education, 8
training for employment, and therapy. 9
(29) "Hearing" means any proceeding conducted in open court that 10
conforms to the requirements of RCW 71.34.910. 11
(30) "History of one or more violent acts" refers to the period 12
of time five years prior to the filing of a petition under this 13
chapter, excluding any time spent, but not any violent acts 14
committed, in a mental health facility, a long-term substance use 15
disorder treatment facility, or in confinement as a result of a 16
criminal conviction. 17
(31) "Individualized service plan" means a plan prepared by a 18
developmental disabilities professional with other professionals as a 19
team, for a person with developmental disabilities, which states:20
(a) The nature of the person's specific problems, prior charged 21
criminal behavior, and habilitation needs; 22
(b) The conditions and strategies necessary to achieve the 23
purposes of habilitation; 24
(c) The intermediate and long-range goals of the habilitation 25
program, with a projected timetable for the attainment;26
(d) The rationale for using this plan of habilitation to achieve 27
those intermediate and long-range goals; 28
(e) The staff responsible for carrying out the plan;29
(f) Where relevant in light of past criminal behavior and due 30
consideration for public safety, the criteria for proposed movement 31
to less-restrictive settings, criteria for proposed eventual 32
discharge or release, and a projected possible date for discharge or 33
release; and 34
(g) The type of residence immediately anticipated for the person 35
and possible future types of residences. 36
(32)(a) "Inpatient treatment" means twenty-four-hour-per-day 37
mental health care provided within a general hospital, psychiatric 38
hospital, residential treatment facility licensed or certified by the 39
department of health as an evaluation and treatment facility for 40
p. 24 SB 5745
minors, secure withdrawal management and stabilization facility for 1
minors, or approved substance use disorder treatment program for 2
minors. 3
(b) For purposes of family-initiated treatment under RCW 4
71.34.600 through 71.34.670, "inpatient treatment" has the meaning 5
included in (a) of this subsection and any other residential 6
treatment facility licensed under chapter 71.12 RCW.7
(33) "Intoxicated minor" means a minor whose mental or physical 8
functioning is substantially impaired as a result of the use of 9
alcohol or other psychoactive chemicals. 10
(34) "Judicial commitment" means a commitment by a court pursuant 11
to the provisions of this chapter. 12
(35) "Kinship caregiver" has the same meaning as in RCW 13
74.13.031(((22)(a))). 14
(36) "Legal counsel" means attorneys and staff employed by county 15
prosecutor offices or the state attorney general acting in their 16
capacity as legal representatives of public behavioral health service 17
providers under RCW 71.05.130. 18
(37) "Less restrictive alternative" or "less restrictive setting" 19
means outpatient treatment provided to a minor as a program of 20
individualized treatment in a less restrictive setting than inpatient 21
treatment that includes the services described in RCW 71.34.755, 22
including residential treatment. 23
(38) "Licensed physician" means a person licensed to practice 24
medicine or osteopathic medicine and surgery in the state of 25
Washington. 26
(39) "Likelihood of serious harm" means: 27
(a) A substantial risk that: (i) Physical harm will be inflicted 28
by a minor 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 minor upon another individual, 31
as evidenced by behavior which has caused such harm or which places 32
another person or persons in reasonable fear of sustaining such harm; 33
or (iii) physical harm will be inflicted by a minor upon the property 34
of others, as evidenced by behavior which has caused substantial loss 35
or damage to the property of others; or 36
(b) The minor has threatened the physical safety of another and 37
has a history of one or more violent acts. 38
(40) "Managed care organization" has the same meaning as provided 39
in RCW 71.24.025. 40
p. 25 SB 5745
(41) "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
(42) "Medical necessity" for inpatient care means a requested 7
service which is reasonably calculated to: (a) Diagnose, correct, 8
cure, or alleviate a mental disorder or substance use disorder; or 9
(b) prevent the progression of a mental disorder or substance use 10
disorder that endangers life or causes suffering and pain, or results 11
in illness or infirmity or threatens to cause or aggravate a 12
disability, or causes physical deformity or malfunction, and there is 13
no adequate less restrictive alternative available.14
(43) "Mental disorder" means any organic, mental, or emotional 15
impairment that has substantial adverse effects on an individual's 16
cognitive or volitional functions. The presence of alcohol abuse, 17
drug abuse, juvenile criminal history, antisocial behavior, or 18
intellectual disabilities alone is insufficient to justify a finding 19
of "mental disorder" within the meaning of this section.20
(44) "Mental health professional" has the same meaning as 21
provided in RCW 71.05.020. 22
(45) "Minor" means any person under the age of eighteen years.23
(46) "Outpatient treatment" means any of the nonresidential 24
services mandated under chapter 71.24 RCW and provided by licensed or 25
certified behavioral health agencies as identified by RCW 71.24.025.26
(47)(a) "Parent" has the same meaning as defined in RCW 27
26.26A.010, including either parent if custody is shared under a 28
joint custody agreement, or a person or agency judicially appointed 29
as legal guardian or custodian of the child. 30
(b) For purposes of family-initiated treatment under RCW 31
71.34.600 through 71.34.670, "parent" also includes a person to whom 32
a parent defined in (a) of this subsection has given a signed 33
authorization to make health care decisions for the adolescent, a 34
stepparent who is involved in caring for the adolescent, a kinship 35
caregiver who is involved in caring for the adolescent, or another 36
relative who is responsible for the health care of the adolescent, 37
who may be required to provide a declaration under penalty of perjury 38
stating that he or she is a relative responsible for the health care 39
of the adolescent pursuant to chapter 5.50 RCW. If a dispute arises 40
p. 26 SB 5745
between individuals authorized to act as a parent for the purpose of 1
RCW 71.34.600 through 71.34.670, the disagreement must be resolved 2
according to the priority established under RCW 7.70.065(2)(a).3
(48) "Peace officer" means a law enforcement official of a public 4
agency or governmental unit, and includes persons specifically given 5
peace officer powers by any state law, local ordinance, or judicial 6
order of appointment. 7
(49) "Physician assistant" means a person licensed as a physician 8
assistant under chapter 18.71A RCW. 9
(50) "Private agency" means any person, partnership, corporation, 10
or association that is not a public agency, whether or not financed 11
in whole or in part by public funds, that constitutes an evaluation 12
and treatment facility or private institution, or hospital, or 13
approved substance use disorder treatment program, that is conducted 14
for, or includes a distinct unit, floor, or ward conducted for, the 15
care and treatment of persons with mental illness, substance use 16
disorders, or both mental illness and substance use disorders.17
(51) "Professional person in charge" or "professional person" 18
means a physician, other mental health professional, or other person 19
empowered by an evaluation and treatment facility, secure withdrawal 20
management and stabilization facility, or approved substance use 21
disorder treatment program with authority to make admission and 22
discharge decisions on behalf of that facility. 23
(52) "Psychiatric nurse" means a registered nurse who has 24
experience in the direct treatment of persons who have a mental 25
illness or who are emotionally disturbed, such experience gained 26
under the supervision of a mental health professional.27
(53) "Psychiatrist" means a person having a license as a 28
physician in this state who has completed residency training in 29
psychiatry in a program approved by the American Medical Association 30
or the American Osteopathic Association, and is board eligible or 31
board certified in psychiatry. 32
(54) "Psychologist" means a person licensed as a psychologist 33
under chapter 18.83 RCW. 34
(55) "Public agency" means any evaluation and treatment facility 35
or institution, or hospital, or approved substance use disorder 36
treatment program that is conducted for, or includes a distinct unit, 37
floor, or ward conducted for, the care and treatment of persons with 38
mental illness, substance use disorders, or both mental illness and 39
substance use disorders if the agency is operated directly by 40
p. 27 SB 5745
federal, state, county, or municipal government, or a combination of 1
such governments. 2
(56) "Release" means legal termination of the commitment under 3
the provisions of this chapter. 4
(57) "Resource management services" has the meaning given in 5
chapter 71.24 RCW. 6
(58) "Responsible other" means the minor, the minor's parent or 7
estate, or any other person legally responsible for support of the 8
minor. 9
(59) "Secretary" means the secretary of the department or 10
secretary's designee. 11
(60) "Secure withdrawal management and stabilization facility" 12
means a facility operated by either a public or private agency or by 13
the program of an agency which provides care to voluntary individuals 14
and individuals involuntarily detained and committed under this 15
chapter for whom there is a likelihood of serious harm or who are 16
gravely disabled due to the presence of a substance use disorder. 17
Secure withdrawal management and stabilization facilities must:18
(a) Provide the following services: 19
(i) Assessment and treatment, provided by certified substance use 20
disorder professionals or co-occurring disorder specialists;21
(ii) Clinical stabilization services; 22
(iii) Acute or subacute detoxification services for intoxicated 23
individuals; and 24
(iv) Discharge assistance provided by certified substance use 25
disorder professionals or co-occurring disorder specialists, 26
including facilitating transitions to appropriate voluntary or 27
involuntary inpatient services or to less restrictive alternatives as 28
appropriate for the individual; 29
(b) Include security measures sufficient to protect the patients, 30
staff, and community; and 31
(c) Be licensed or certified as such by the department of health.32
(61) "Social worker" means a person with a master's or further 33
advanced degree from a social work educational program accredited and 34
approved as provided in RCW 18.320.010. 35
(62) "Start of initial detention" means the time of arrival of 36
the minor at the first evaluation and treatment facility, secure 37
withdrawal management and stabilization facility, or approved 38
substance use disorder treatment program offering inpatient treatment 39
if the minor is being involuntarily detained at the time. With regard 40
p. 28 SB 5745
to voluntary patients, "start of initial detention" means the time at 1
which the minor gives notice of intent to leave under the provisions 2
of this chapter. 3
(63) "State hospital" means a hospital designated under RCW 4
72.23.020.5
(64) "Store and forward technology" means use of an asynchronous 6
transmission of a person's medical information from a mental health 7
service provider to the designated crisis responder which results in 8
medical diagnosis, consultation, or treatment. 9
(((64))) (65) "Substance use disorder" means a cluster of 10
cognitive, behavioral, and physiological symptoms indicating that an 11
individual continues using the substance despite significant 12
substance-related problems. The diagnosis of a substance use disorder 13
is based on a pathological pattern of behaviors related to the use of 14
the substances. 15
(((65))) (66) "Substance use disorder professional" means a 16
person certified as a substance use disorder professional by the 17
department of health under chapter 18.205 RCW. 18
(((66))) (67) "Therapeutic court personnel" means the staff of a 19
mental health court or other therapeutic court which has jurisdiction 20
over defendants who are dually diagnosed with mental disorders, 21
including court personnel, probation officers, a court monitor, 22
prosecuting attorney, or defense counsel acting within the scope of 23
therapeutic court duties. 24
(((67))) (68) "Treatment records" include registration and all 25
other records concerning persons who are receiving or who at any time 26
have received services for mental illness, which are maintained by 27
the department, the department of health, the authority, behavioral 28
health organizations and their staffs, and by treatment facilities. 29
Treatment records include mental health information contained in a 30
medical bill including but not limited to mental health drugs, a 31
mental health diagnosis, provider name, and dates of service stemming 32
from a medical service. Treatment records do not include notes or 33
records maintained for personal use by a person providing treatment 34
services for the department, the department of health, the authority, 35
behavioral health organizations, or a treatment facility if the notes 36
or records are not available to others. 37
(((68))) (69) "Tribe" has the same meaning as in RCW 71.24.025.38
(((69))) (70) "Video" means the delivery of behavioral health 39
services through the use of interactive audio and video technology, 40
p. 29 SB 5745
permitting real-time communication between a person and a designated 1
crisis responder, for the purpose of evaluation. "Video" does not 2
include the use of audio-only telephone, facsimile, email, or store 3
and forward technology. 4
(((70))) (71) "Violent act" means behavior that resulted in 5
homicide, attempted suicide, injury, or substantial loss or damage to 6
property. 7
Sec. 7. RCW 71.34.020 and 2024 c 367 s 4 and 2024 c 209 s 8 are 8
each reenacted and amended to read as follows: 9
Unless the context clearly requires otherwise, the definitions in 10
this section apply throughout this chapter. 11
(1) "23-hour crisis relief center" has the same meaning as 12
provided in RCW 71.24.025. 13
(2) "Admission" or "admit" means a decision by a physician, 14
physician assistant, or psychiatric advanced registered nurse 15
practitioner that a minor should be examined or treated as a patient 16
in a hospital. 17
(3) "Adolescent" means a minor thirteen years of age or older.18
(4) "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
psychological withdrawal, or both, if use is reduced or discontinued, 22
and impairment of health or disruption of social or economic 23
functioning. 24
(5) "Antipsychotic medications" means that class of drugs 25
primarily used to treat serious manifestations of mental illness 26
associated with thought disorders, which includes, but is not limited 27
to, atypical antipsychotic medications. 28
(6) "Approved substance use disorder treatment program" means a 29
program for minors with substance use disorders provided by a 30
treatment program licensed or certified by the department of health 31
as meeting standards adopted under chapter 71.24 RCW.32
(7) "Attending staff" means any person on the staff of a public 33
or private agency having responsibility for the care and treatment of 34
a minor patient. 35
(8) "Authority" means the Washington state health care authority.36
(9) "Behavioral health administrative services organization" has 37
the same meaning as provided in RCW 71.24.025. 38
p. 30 SB 5745
(10) "Behavioral health disorder" means either a mental disorder 1
as defined in this section, a substance use disorder as defined in 2
this section, or a co-occurring mental disorder and substance use 3
disorder. 4
(11) "Child psychiatrist" means a person having a license as a 5
physician and surgeon in this state, who has had graduate training in 6
child psychiatry in a program approved by the American Medical 7
Association or the American Osteopathic Association, and who is board 8
eligible or board certified in child psychiatry. 9
(12) "Children's mental health specialist" means:10
(a) A mental health professional who has completed a minimum of 11
one hundred actual hours, not quarter or semester hours, of 12
specialized training devoted to the study of child development and 13
the treatment of children; and 14
(b) A mental health professional who has the equivalent of one 15
year of full-time experience in the treatment of children under the 16
supervision of a children's mental health specialist.17
(13) "Commitment" means a determination by a judge or court 18
commissioner, made after a commitment hearing, that the minor is in 19
need of inpatient diagnosis, evaluation, or treatment or that the 20
minor is in need of less restrictive alternative treatment.21
(14) "Conditional release" means a revocable modification of a 22
commitment, which may be revoked upon violation of any of its terms.23
(15) "Co-occurring disorder specialist" means an individual 24
possessing an enhancement granted by the department of health under 25
chapter 18.205 RCW that certifies the individual to provide substance 26
use disorder counseling subject to the practice limitations under RCW 27
18.205.105. 28
(16) "Crisis stabilization unit" means a short-term facility or a 29
portion of a facility licensed or certified by the department of 30
health under RCW 71.24.035, such as a residential treatment facility 31
or a hospital, which has been designed to assess, diagnose, and treat 32
individuals experiencing an acute crisis without the use of long-term 33
hospitalization, or to determine the need for involuntary commitment 34
of an individual. 35
(17) "Custody" means involuntary detention under the provisions 36
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 37
unconditional release from commitment from a facility providing 38
involuntary care and treatment. 39
p. 31 SB 5745
(18) "Department" means the department of social and health 1
services. 2
(19) "Designated crisis responder" has the same meaning as 3
provided in RCW 71.05.020. 4
(20) "Detention" or "detain" means the lawful confinement of a 5
person, under the provisions of this chapter. 6
(21) "Developmental disabilities professional" means a person who 7
has specialized training and three years of experience in directly 8
treating or working with persons with developmental disabilities and 9
is a psychiatrist, physician assistant working with a supervising 10
psychiatrist, psychologist, psychiatric advanced registered nurse 11
practitioner, or social worker, and such other developmental 12
disabilities professionals as may be defined by rules adopted by the 13
secretary of the department. 14
(22) "Developmental disability" has the same meaning as defined 15
in RCW 71A.10.020. 16
(23) "Director" means the director of the authority.17
(24) "Discharge" means the termination of hospital medical 18
authority. The commitment may remain in place, be terminated, or be 19
amended by court order. 20
(25) "Evaluation and treatment facility" means a public or 21
private facility or unit that is licensed or certified by the 22
department of health to provide emergency, inpatient, residential, or 23
outpatient mental health evaluation and treatment services for 24
minors. A physically separate and separately operated portion of a 25
state hospital may be designated as an evaluation and treatment 26
facility for minors. A facility which is part of or operated by the 27
state or federal agency does not require licensure or certification. 28
No correctional institution or facility, juvenile court detention 29
facility, or jail may be an evaluation and treatment facility within 30
the meaning of this chapter. 31
(26) "Evaluation and treatment program" means the total system of 32
services and facilities coordinated and approved by a county or 33
combination of counties for the evaluation and treatment of minors 34
under this chapter. 35
(27) "Gravely disabled minor" means a minor who, as a result of a 36
behavioral health disorder, (a) is in danger of serious physical harm 37
resulting from a failure to provide for his or her essential human 38
needs of health or safety, or (b) manifests severe deterioration from 39
safe behavior evidenced by repeated and escalating loss of cognitive 40
p. 32 SB 5745
or volitional control over his or her actions and is not receiving 1
such care as is essential for his or her health or safety.2
(28) "Habilitative services" means those services provided by 3
program personnel to assist minors in acquiring and maintaining life 4
skills and in raising their levels of physical, behavioral, social, 5
and vocational functioning. Habilitative services include education, 6
training for employment, and therapy. 7
(29) "Hearing" means any proceeding conducted in open court that 8
conforms to the requirements of RCW 71.34.910. 9
(30) "History of one or more violent acts" refers to the period 10
of time five years prior to the filing of a petition under this 11
chapter, excluding any time spent, but not any violent acts 12
committed, in a mental health facility, a long-term substance use 13
disorder treatment facility, or in confinement as a result of a 14
criminal conviction. 15
(31) "Individualized service plan" means a plan prepared by a 16
developmental disabilities professional with other professionals as a 17
team, for a person with developmental disabilities, which states:18
(a) The nature of the person's specific problems, prior charged 19
criminal behavior, and habilitation needs; 20
(b) The conditions and strategies necessary to achieve the 21
purposes of habilitation; 22
(c) The intermediate and long-range goals of the habilitation 23
program, with a projected timetable for the attainment;24
(d) The rationale for using this plan of habilitation to achieve 25
those intermediate and long-range goals; 26
(e) The staff responsible for carrying out the plan;27
(f) Where relevant in light of past criminal behavior and due 28
consideration for public safety, the criteria for proposed movement 29
to less-restrictive settings, criteria for proposed eventual 30
discharge or release, and a projected possible date for discharge or 31
release; and 32
(g) The type of residence immediately anticipated for the person 33
and possible future types of residences. 34
(32)(a) "Inpatient treatment" means twenty-four-hour-per-day 35
mental health care provided within a general hospital, psychiatric 36
hospital, residential treatment facility licensed or certified by the 37
department of health as an evaluation and treatment facility for 38
minors, secure withdrawal management and stabilization facility for 39
p. 33 SB 5745
minors, or approved substance use disorder treatment program for 1
minors. 2
(b) For purposes of family-initiated treatment under RCW 3
71.34.600 through 71.34.670, "inpatient treatment" has the meaning 4
included in (a) of this subsection and any other residential 5
treatment facility licensed under chapter 71.12 RCW.6
(33) "Intoxicated minor" means a minor whose mental or physical 7
functioning is substantially impaired as a result of the use of 8
alcohol or other psychoactive chemicals. 9
(34) "Judicial commitment" means a commitment by a court pursuant 10
to the provisions of this chapter. 11
(35) "Kinship caregiver" has the same meaning as in RCW 12
74.13.031(((22)(a))). 13
(36) "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
(37) "Less restrictive alternative" or "less restrictive setting" 18
means outpatient treatment provided to a minor as a program of 19
individualized treatment in a less restrictive setting than inpatient 20
treatment that includes the services described in RCW 71.34.755, 21
including residential treatment. 22
(38) "Licensed physician" means a person licensed to practice 23
medicine or osteopathic medicine and surgery in the state of 24
Washington. 25
(39) "Likelihood of serious harm" means: 26
(a) A substantial risk that: (i) Physical harm will be inflicted 27
by a minor upon his or her own person, as evidenced by threats or 28
attempts to commit suicide or inflict physical harm on oneself; (ii) 29
physical harm will be inflicted by a minor upon another individual, 30
as evidenced by behavior which has caused harm, substantial pain, or 31
which places another person or persons in reasonable fear of harm to 32
themselves or others; or (iii) physical harm will be inflicted by a 33
minor upon the property of others, as evidenced by behavior which has 34
caused substantial loss or damage to the property of others; or35
(b) The minor has threatened the physical safety of another and 36
has a history of one or more violent acts. 37
(40) "Managed care organization" has the same meaning as provided 38
in RCW 71.24.025. 39
p. 34 SB 5745
(41) "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
(42) "Medical necessity" for inpatient care means a requested 7
service which is reasonably calculated to: (a) Diagnose, correct, 8
cure, or alleviate a mental disorder or substance use disorder; or 9
(b) prevent the progression of a mental disorder or substance use 10
disorder that endangers life or causes suffering and pain, or results 11
in illness or infirmity or threatens to cause or aggravate a 12
disability, or causes physical deformity or malfunction, and there is 13
no adequate less restrictive alternative available.14
(43) "Mental disorder" means any organic, mental, or emotional 15
impairment that has substantial adverse effects on an individual's 16
cognitive or volitional functions. The presence of alcohol abuse, 17
drug abuse, juvenile criminal history, antisocial behavior, or 18
intellectual disabilities alone is insufficient to justify a finding 19
of "mental disorder" within the meaning of this section.20
(44) "Mental health professional" has the same meaning as 21
provided in RCW 71.05.020. 22
(45) "Minor" means any person under the age of eighteen years.23
(46) "Outpatient treatment" means any of the nonresidential 24
services mandated under chapter 71.24 RCW and provided by licensed or 25
certified behavioral health agencies as identified by RCW 71.24.025.26
(47)(a) "Parent" has the same meaning as defined in RCW 27
26.26A.010, including either parent if custody is shared under a 28
joint custody agreement, or a person or agency judicially appointed 29
as legal guardian or custodian of the child. 30
(b) For purposes of family-initiated treatment under RCW 31
71.34.600 through 71.34.670, "parent" also includes a person to whom 32
a parent defined in (a) of this subsection has given a signed 33
authorization to make health care decisions for the adolescent, a 34
stepparent who is involved in caring for the adolescent, a kinship 35
caregiver who is involved in caring for the adolescent, or another 36
relative who is responsible for the health care of the adolescent, 37
who may be required to provide a declaration under penalty of perjury 38
stating that he or she is a relative responsible for the health care 39
of the adolescent pursuant to chapter 5.50 RCW. If a dispute arises 40
p. 35 SB 5745
between individuals authorized to act as a parent for the purpose of 1
RCW 71.34.600 through 71.34.670, the disagreement must be resolved 2
according to the priority established under RCW 7.70.065(2)(a).3
(48) "Peace officer" means a law enforcement official of a public 4
agency or governmental unit, and includes persons specifically given 5
peace officer powers by any state law, local ordinance, or judicial 6
order of appointment. 7
(49) "Physician assistant" means a person licensed as a physician 8
assistant under chapter 18.71A RCW. 9
(50) "Private agency" means any person, partnership, corporation, 10
or association that is not a public agency, whether or not financed 11
in whole or in part by public funds, that constitutes an evaluation 12
and treatment facility or private institution, or hospital, or 13
approved substance use disorder treatment program, that is conducted 14
for, or includes a distinct unit, floor, or ward conducted for, the 15
care and treatment of persons with mental illness, substance use 16
disorders, or both mental illness and substance use disorders.17
(51) "Professional person in charge" or "professional person" 18
means a physician, other mental health professional, or other person 19
empowered by an evaluation and treatment facility, secure withdrawal 20
management and stabilization facility, or approved substance use 21
disorder treatment program with authority to make admission and 22
discharge decisions on behalf of that facility. 23
(52) "Psychiatric nurse" means a registered nurse who has 24
experience in the direct treatment of persons who have a mental 25
illness or who are emotionally disturbed, such experience gained 26
under the supervision of a mental health professional.27
(53) "Psychiatrist" means a person having a license as a 28
physician in this state who has completed residency training in 29
psychiatry in a program approved by the American Medical Association 30
or the American Osteopathic Association, and is board eligible or 31
board certified in psychiatry. 32
(54) "Psychologist" means a person licensed as a psychologist 33
under chapter 18.83 RCW. 34
(55) "Public agency" means any evaluation and treatment facility 35
or institution, or hospital, or approved substance use disorder 36
treatment program that is conducted for, or includes a distinct unit, 37
floor, or ward conducted for, the care and treatment of persons with 38
mental illness, substance use disorders, or both mental illness and 39
substance use disorders if the agency is operated directly by 40
p. 36 SB 5745
federal, state, county, or municipal government, or a combination of 1
such governments. 2
(56) "Release" means legal termination of the commitment under 3
the provisions of this chapter. 4
(57) "Resource management services" has the meaning given in 5
chapter 71.24 RCW. 6
(58) "Responsible other" means the minor, the minor's parent or 7
estate, or any other person legally responsible for support of the 8
minor. 9
(59) "Secretary" means the secretary of the department or 10
secretary's designee. 11
(60) "Secure withdrawal management and stabilization facility" 12
means a facility operated by either a public or private agency or by 13
the program of an agency which provides care to voluntary individuals 14
and individuals involuntarily detained and committed under this 15
chapter for whom there is a likelihood of serious harm or who are 16
gravely disabled due to the presence of a substance use disorder. 17
Secure withdrawal management and stabilization facilities must:18
(a) Provide the following services: 19
(i) Assessment and treatment, provided by certified substance use 20
disorder professionals or co-occurring disorder specialists;21
(ii) Clinical stabilization services; 22
(iii) Acute or subacute detoxification services for intoxicated 23
individuals; and 24
(iv) Discharge assistance provided by certified substance use 25
disorder professionals or co-occurring disorder specialists, 26
including facilitating transitions to appropriate voluntary or 27
involuntary inpatient services or to less restrictive alternatives as 28
appropriate for the individual; 29
(b) Include security measures sufficient to protect the patients, 30
staff, and community; and 31
(c) Be licensed or certified as such by the department of health.32
(61) "Severe deterioration from safe behavior" means that a 33
person will, if not treated, suffer or continue to suffer severe and 34
abnormal mental, emotional, or physical distress, and this distress 35
is associated with significant impairment of judgment, reason, or 36
behavior. 37
(62) "Social worker" means a person with a master's or further 38
advanced degree from a social work educational program accredited and 39
approved as provided in RCW 18.320.010. 40
p. 37 SB 5745
(63) "Start of initial detention" means the time of arrival of 1
the minor at the first evaluation and treatment facility, secure 2
withdrawal management and stabilization facility, or approved 3
substance use disorder treatment program offering inpatient treatment 4
if the minor is being involuntarily detained at the time. With regard 5
to voluntary patients, "start of initial detention" means the time at 6
which the minor gives notice of intent to leave under the provisions 7
of this chapter. 8
(64) "State hospital" means a hospital designated under RCW 9
72.23.020.10
(65) "Store and forward technology" means use of an asynchronous 11
transmission of a person's medical information from a mental health 12
service provider to the designated crisis responder which results in 13
medical diagnosis, consultation, or treatment. 14
(((65))) (66) "Substance use disorder" means a cluster of 15
cognitive, behavioral, and physiological symptoms indicating that an 16
individual continues using the substance despite significant 17
substance-related problems. The diagnosis of a substance use disorder 18
is based on a pathological pattern of behaviors related to the use of 19
the substances. 20
(((66))) (67) "Substance use disorder professional" means a 21
person certified as a substance use disorder professional by the 22
department of health under chapter 18.205 RCW. 23
(((67))) (68) "Therapeutic court personnel" means the staff of a 24
mental health court or other therapeutic court which has jurisdiction 25
over defendants who are dually diagnosed with mental disorders, 26
including court personnel, probation officers, a court monitor, 27
prosecuting attorney, or defense counsel acting within the scope of 28
therapeutic court duties. 29
(((68))) (69) "Treatment records" include registration and all 30
other records concerning persons who are receiving or who at any time 31
have received services for mental illness, which are maintained by 32
the department, the department of health, the authority, behavioral 33
health organizations and their staffs, and by treatment facilities. 34
Treatment records include mental health information contained in a 35
medical bill including but not limited to mental health drugs, a 36
mental health diagnosis, provider name, and dates of service stemming 37
from a medical service. Treatment records do not include notes or 38
records maintained for personal use by a person providing treatment 39
services for the department, the department of health, the authority, 40
p. 38 SB 5745
behavioral health organizations, or a treatment facility if the notes 1
or records are not available to others. 2
(((69))) (70) "Tribe" has the same meaning as in RCW 71.24.025.3
(((70))) (71) "Video" means the delivery of behavioral health 4
services through the use of interactive audio and video technology, 5
permitting real-time communication between a person and a designated 6
crisis responder, for the purpose of evaluation. "Video" does not 7
include the use of audio-only telephone, facsimile, email, or store 8
and forward technology. 9
(((71))) (72) "Violent act" means behavior that resulted in 10
homicide, attempted suicide, injury, or substantial loss or damage to 11
property. 12
Sec. 8. RCW 72.23.010 and 2000 c 22 s 2 are each amended to read 13
as follows: 14
The definitions in this section apply throughout this chapter, 15
unless the context clearly requires otherwise. 16
(1) "Court" means the superior court of the state of Washington.17
(2) "Department" means the department of social and health 18
services. 19
(3) "Employee" means an employee as defined in RCW 49.17.020.20
(4) "Licensed physician" means an individual permitted to 21
practice as a physician under the laws of the state, or a medical 22
officer, similarly qualified, of the government of the United States 23
while in this state in performance of his or her official duties.24
(5) "Mentally ill person" means any person who, pursuant to the 25
definitions contained in RCW 71.05.020, as a result of a mental 26
disorder presents a likelihood of serious harm to others or himself 27
or herself or is gravely disabled. 28
(6) "Patient" means a person under observation, care, or 29
treatment in a state hospital, or a person found mentally ill by the 30
court, and not discharged from a state hospital, or other facility, 31
to which such person had been ordered hospitalized.32
(7) "Resident" means a resident of the state of Washington.33
(8) "Secretary" means the secretary of social and health 34
services. 35
(9) "State hospital" means ((any)) a hospital((, including a 36
child study and treatment center, operated and maintained by the 37
state of Washington for the care of the mentally ill )) designated 38
under RCW 72.23.020. 39
p. 39 SB 5745
(10) "Superintendent" means the superintendent of a state 1
hospital. 2
(11) "Violence" or "violent act" means any physical assault or 3
attempted physical assault against an employee or patient of a state 4
hospital. 5
Wherever used in this chapter, the masculine shall include the 6
feminine and the singular shall include the plural.7
Sec. 9. RCW 72.23.020 and 1959 c 28 s 72.23.020 are each amended 8
to read as follows: 9
There are hereby permanently located and established the 10
following state hospitals: Western state hospital at Fort Steilacoom, 11
Pierce county; eastern state hospital at Medical Lake, Spokane 12
county; and ((northern state hospital near Sedro Woolley, Skagit 13
county)) the child study and treatment center at Fort Steilacoom, 14
Pierce county. 15
Sec. 10. RCW 2.70.020 and 2024 c 294 s 1 are each amended to 16
read as follows: 17
The director shall: 18
(1) Administer all state-funded services in the following program 19
areas: 20
(a) Trial court criminal indigent defense, as provided in chapter 21
10.101 RCW; 22
(b) Appellate indigent defense, as provided in this chapter and 23
RCW 10.73.150; 24
(c) Representation of indigent parents qualified for appointed 25
counsel in dependency and termination cases, as provided in RCW 26
13.34.090 and 13.34.092; 27
(d) Extraordinary criminal justice cost petitions, as provided in 28
RCW 43.330.190; 29
(e) Compilation of copies of DNA test requests by persons 30
convicted of felonies, as provided in RCW 10.73.170;31
(f) Representation of indigent respondents qualified for 32
appointed counsel in sexually violent predator civil commitment 33
cases, as provided in chapter 71.09 RCW; ((and))34
(g) Representation of indigent persons who are acquitted by 35
reason of insanity and committed to state psychiatric care as 36
provided in chapter 10.77 RCW; and37
p. 40 SB 5745
(h) At the request of the health care authority on behalf of a 1
county under chapter 71.05 or 71.34 RCW, representation of indigent 2
persons qualified for appointed counsel in involuntary commitment 3
cases;4
(2) Subject to availability of funds appropriated for this 5
specific purpose, provide access to counsel for indigent persons 6
incarcerated in a juvenile rehabilitation or adult correctional 7
facility to file and prosecute a first, timely personal restraint 8
petition under RCW 10.73.150. The office shall establish eligibility 9
criteria that prioritize access to counsel for youth under age 25, 10
youth or adults with sentences in excess of 120 months, youth or 11
adults with disabilities, and youth or adults with limited English 12
proficiency. Nothing in this subsection creates an entitlement to 13
counsel at state expense to file a personal restraint petition;14
(3) Subject to the availability of funds appropriated for this 15
specific purpose, appoint counsel to petition the sentencing court if 16
the legislature creates an ability to petition the sentencing court, 17
or appoint counsel to challenge a conviction or sentence if a final 18
decision of an appellate court creates the ability to challenge a 19
conviction or sentence. Nothing in this subsection creates an 20
entitlement to counsel at state expense to petition the sentencing 21
court; 22
(4) Provide access to attorneys for juveniles contacted by a law 23
enforcement officer for whom a legal consultation is required under 24
RCW 13.40.740; 25
(5) Submit a biennial budget for all costs related to the 26
office's program areas; 27
(6) Establish administrative procedures, standards, and 28
guidelines for the office's program areas, including cost-efficient 29
systems that provide for authorized recovery of costs;30
(7) Provide oversight and technical assistance to ensure the 31
effective and efficient delivery of services in the office's program 32
areas; 33
(8) Recommend criteria and standards for determining and 34
verifying indigency. In recommending criteria for determining 35
indigency, the director shall compile and review the indigency 36
standards used by other state agencies and shall periodically submit 37
the compilation and report to the legislature on the appropriateness 38
and consistency of such standards; 39
p. 41 SB 5745
(9) Collect information regarding indigent defense services 1
funded by the state and report annually to the advisory committee, 2
the legislature, and the supreme court; 3
(10) Coordinate with the supreme court and the judges of each 4
division of the court of appeals to determine how appellate attorney 5
services should be provided. 6
Sec. 11. RCW 2.70.023 and 2024 c 294 s 2 are each amended to 7
read as follows: 8
(1) Except as otherwise provided in this section, the office of 9
public defense shall not provide direct representation of clients.10
(2) In order to protect and preserve client rights when 11
administering the office's statutory duties to provide initial 12
telephonic or video consultation services, managing and supervising 13
attorneys of the office of public defense who meet applicable public 14
defense qualifications may provide limited short-term coverage for 15
the consultation services if office of public defense contracted 16
counsel is unavailable to provide the consultation services. The 17
office shall provide services in a manner consistent with the rules 18
of professional conduct, chapter 42.52 RCW, and applicable policies 19
of the office of public defense. 20
(3) The office of public defense may facilitate and supervise 21
placement of law clerks, externs, and interns with office of public 22
defense contracted counsel, in a manner consistent with the 23
Washington admission and practice rules, the rules of professional 24
conduct, chapter 42.52 RCW, and applicable policies of the office of 25
public defense. 26
(4) Employees of the office of public defense may provide pro 27
bono legal services in a manner consistent with the rules of 28
professional conduct, chapter 42.52 RCW, and applicable policies of 29
the office of public defense. The policies of the office of public 30
defense must require that employees providing pro bono legal services 31
obtain and provide to the office a written statement, signed by any 32
pro bono client, acknowledging that: 33
(a) The pro bono legal services are provided by the employee 34
acting in the employee's personal capacity and not as an employee of 35
the office of public defense; and 36
(b) The state of Washington may not be held liable for any claim 37
arising from the provision of pro bono legal services by the 38
employees of the office of public defense. 39
p. 42 SB 5745
The office of public defense shall retain the written statements 1
in a manner consistent with records relating to potential conflicts 2
of interest. 3
(5) The office of public defense shall provide public defense 4
services in involuntary commitment cases under chapter 71.05 or 71.34 5
RCW at the request of the health care authority on behalf of a 6
county, either directly or by contracting with persons admitted to 7
practice law in this state or organizations that employ persons 8
admitted to practice law in this state, using funds provided by the 9
county pursuant to RCW 71.05.110.10
NEW SECTION. Sec. 12. The following acts or parts of acts are 11
each repealed:12
(1) 2024 c 62 s 26; and 13
(2) 2024 c 62 s 27. 14
NEW SECTION. Sec. 13. Section 1 of this act expires when 15
section 2 of this act takes effect.16
NEW SECTION. Sec. 14. Section 2 of this act takes effect when 17
the contingency in section 26, chapter 433, Laws of 2023 takes 18
effect.19
NEW SECTION. Sec. 15. Section 6 of this act expires when 20
section 7 of this act takes effect.21
NEW SECTION. Sec. 16. Section 7 of this act takes effect when 22
the contingency in section 13, chapter 433, Laws of 2023 takes 23
effect.24
NEW SECTION. Sec. 17. This act is necessary for the immediate 25
preservation of the public peace, health, or safety, or support of 26
the state government and its existing public institutions, and takes 27
effect immediately.28
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p. 43 SB 5745