RCW 71.05.010
Legislative intent.
(1) The provisions of this chapter apply to persons who are eighteen years of age or older and are intended by the legislature:
(a) To protect the health and safety of persons suffering from behavioral health disorders and to protect public safety through use of the parens patriae and police powers of the state;
(b) To prevent inappropriate, indefinite commitment of persons living with behavioral health disorders and to eliminate legal disabilities that arise from such commitment;
(c) To provide prompt evaluation and timely and appropriate treatment of persons with serious behavioral health disorders;
(d) To safeguard individual rights;
(e) To provide continuity of care for persons with serious behavioral health disorders;
(f) To encourage the full use of all existing agencies, professional personnel, and public funds to prevent duplication of services and unnecessary expenditures; and
(g) To encourage, whenever appropriate, that services be provided within the community.
(2) When construing the requirements of this chapter the court must focus on the merits of the petition, except where requirements have been totally disregarded, as provided in
In re C.W.
, 147 Wn.2d 259, 281 (2002). A presumption in favor of deciding petitions on their merits furthers both public and private interests because the mental and physical well-being of individuals as well as public safety may be implicated by the decision to release an individual and discontinue his or her treatment.
[
2020 c 302 s 1
;
2016 sp.s. c 29 s 203
;
2015 c 269 s 1
;
1998 c 297 s 2
;
1997 c 112 s 2
;
1989 c 120 s 1
;
1973 1st ex.s. c 142 s 6
.]
NOTES:
Short title
—
2016 sp.s. c 29:
"This act may be known and cited as Ricky Garcia's act." [
2016 sp.s. c 29 s 801
.]
Right of action
—
2016 sp.s. c 29:
"This act does not create any new entitlement or cause of action related to civil commitment under this chapter, and cannot form the basis for a private right of action." [
2016 sp.s. c 29 s 802
.]
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
"Sections 1 through 9 and 11 through 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 14, 2015]." [
2015 c 269 s 20
.]
Effective dates
—
1998 c 297:
"This act takes effect July 1, 1998, except for sections 18, 35, 38, and 39 of this act, which take effect March 1, 1999." [
1998 c 297 s 53
.]
Severability
—
1998 c 297:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1998 c 297 s 58
.]
Intent
—
1998 c 297:
"It is the intent of the legislature to: (1) Clarify that it is the nature of a person's current conduct, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself, rather than simple categorization of offenses, that should determine treatment procedures and level; (2) improve and clarify the sharing of information between the mental health and criminal justice systems; and (3) provide additional opportunities for mental health treatment for persons whose conduct threatens himself or herself or threatens public safety and has led to contact with the criminal justice system.
The legislature recognizes that a person can be incompetent to stand trial, but may not be gravely disabled or may not present a likelihood of serious harm. The legislature does not intend to create a presumption that a person who is found incompetent to stand trial is gravely disabled or presents a likelihood of serious harm requiring civil commitment." [
1998 c 297 s 1
.]
RCW 71.05.012
Legislative intent and finding.
It is the intent of the legislature to enhance continuity of care for persons with serious behavioral health disorders that can be controlled or stabilized in a less restrictive alternative commitment. Within the guidelines stated in
In re LaBelle
[,] 107 Wn. 2d 196 (1986), the legislature intends to encourage appropriate interventions at a point when there is the best opportunity to restore the person to or maintain satisfactory functioning.
For persons with a prior history or pattern of repeated hospitalizations or law enforcement interventions due to decompensation, the consideration of prior history is particularly relevant in determining whether the person would receive, if released, such care as is essential for his or her health or safety.
Therefore, the legislature finds that for persons who are currently under a commitment order, a prior history of decompensation leading to repeated hospitalizations or law enforcement interventions should be given great weight in determining whether a new less restrictive alternative commitment should be ordered.
[
2020 c 302 s 2
;
1997 c 112 s 1
.]
RCW 71.05.020
Definitions.
(Contingent expiration date.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "23-hour crisis relief center" has the same meaning as under RCW 71.24.025
;
(2) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(3) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;
(4) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(5) "Approved substance use disorder treatment program" means a program for persons with a substance use disorder provided by a treatment program certified by the department as meeting standards adopted under chapter
71.24
RCW;
(6) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(7) "Authority" means the Washington state health care authority;
(8) "Behavioral health disorder" means either a mental disorder as defined in this section, a substance use disorder as defined in this section, or a co-occurring mental disorder and substance use disorder;
(9) "Behavioral health service provider" means a public or private agency that provides mental health, substance use disorder, or co-occurring disorder services to persons with behavioral health disorders as defined under this section and receives funding from public sources. This includes, but is not limited to: Hospitals licensed under chapter
70.41
RCW; evaluation and treatment facilities as defined in this section; community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025
; licensed or certified behavioral health agencies under RCW 71.24.037
; an entity with a tribal attestation that it meets minimum standards or a licensed or certified behavioral health agency as defined in RCW 71.24.025
; facilities conducting competency evaluations and restoration under chapter
10.77
RCW; approved substance use disorder treatment programs as defined in this section; secure withdrawal management and stabilization facilities as defined in this section; and correctional facilities operated by state, local, and tribal governments;
(10) "Co-occurring disorder specialist" means an individual possessing an enhancement granted by the department of health under chapter
18.205
RCW that certifies the individual to provide substance use disorder counseling subject to the practice limitations under RCW 18.205.105
;
(11) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(12) "Community behavioral health agency" has the same meaning as "licensed or certified behavioral health agency" defined in RCW 71.24.025
;
(13) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(14) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed or certified by the department, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization, or to determine the need for involuntary commitment of an individual;
(15) "Custody" means involuntary detention under the provisions of this chapter or chapter
10.77
RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(16) "Department" means the department of health;
(17) "Designated crisis responder" means a mental health professional appointed by the county, by an entity appointed by the county, or by the authority in consultation with a tribe or after meeting and conferring with an Indian health care provider, to perform the duties specified in this chapter;
(18) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(19) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department of social and health services;
(20) "Developmental disability" means that condition defined in RCW 71A.10.020
(6);
(21) "Director" means the director of the authority;
(22) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(23) "Drug addiction" means a disease, characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;
(24) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is licensed or certified as such by the department. The authority may certify single beds as temporary evaluation and treatment beds under RCW 71.05.745
. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department of social and health services or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(25) "Gravely disabled" means a condition in which a person, as a result of a behavioral health disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(26) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(27) "Hearing" means any proceeding conducted in open court that conforms to the requirements of RCW 71.05.820
;
(28) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a behavioral health facility, or in confinement as a result of a criminal conviction;
(29) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(30) "In need of assisted outpatient treatment" refers to a person who meets the criteria for assisted outpatient treatment established under RCW 71.05.148
;
(31) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(32) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals;
(33) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(34) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public behavioral health service providers under RCW 71.05.130
;
(35) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting than inpatient treatment that includes the services described in RCW 71.05.585
. This term includes: Treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240
or
71.05.320
; treatment pursuant to a conditional release under RCW 71.05.340
; and treatment pursuant to an assisted outpatient treatment order under RCW 71.05.148
;
(36) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington;
(37) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(38) "Medical clearance" means a physician or other health care provider, including an Indian health care provider, has determined that a person is medically stable and ready for referral to the designated crisis responder or facility. For a person presenting in the community, no medical clearance is required prior to investigation by a designated crisis responder;
(39) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(40) "Mental health professional" means an individual practicing within the mental health professional's statutory scope of practice who is:
(a) A psychiatrist, psychologist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, as defined in this chapter and chapter
71.34
RCW;
(b) A mental health counselor, mental health counselor associate, marriage and family therapist, or marriage and family therapist associate, as defined in chapter
18.225
RCW;
(c) A certified or licensed agency affiliated counselor, as defined in chapter
18.19
RCW; or
(d) A licensed psychological associate as described in chapter
18.83
RCW;
(41) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(42) "Physician assistant" means a person licensed as a physician assistant under chapter
18.71A
RCW;
(43) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, or approved substance use disorder treatment program, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders;
(44) "Professional person" means a mental health professional, substance use disorder professional, or designated crisis responder and shall also mean a physician, physician assistant, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(45) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an *advanced registered nurse practitioner pursuant to chapter
18.79
RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(46) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(47) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter
18.83
RCW;
(48) "Public agency" means any evaluation and treatment facility or institution, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments;
(49) "Release" means legal termination of the commitment under the provisions of this chapter;
(50) "Resource management services" has the meaning given in chapter
71.24
RCW;
(51) "Secretary" means the secretary of the department of health, or his or her designee;
(52) "Secure withdrawal management and stabilization facility" means a facility operated by either a public or private agency or by the program of an agency which provides care to voluntary individuals and individuals involuntarily detained and committed under this chapter for whom there is a likelihood of serious harm or who are gravely disabled due to the presence of a substance use disorder. Secure withdrawal management and stabilization facilities must:
(a) Provide the following services:
(i) Assessment and treatment, provided by certified substance use disorder professionals or co-occurring disorder specialists;
(ii) Clinical stabilization services;
(iii) Acute or subacute detoxification services for intoxicated individuals; and
(iv) Discharge assistance provided by certified substance use disorder professionals or co-occurring disorder specialists, including facilitating transitions to appropriate voluntary or involuntary inpatient services or to less restrictive alternatives as appropriate for the individual;
(b) Include security measures sufficient to protect the patients, staff, and community; and
(c) Be licensed or certified as such by the department of health;
(53) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010
;
(54) "State facility" means:
(a) The center for behavioral health and learning located on the University of Washington medical center northwest campus; and
(b) Facilities owned or operated by the department of social and health services that are not state hospitals that provide inpatient services to individuals under this chapter;
(55) "State hospital" means a hospital designated under RCW 72.23.020
;
(56) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances;
(57) "Substance use disorder professional" means a person certified as a substance use disorder professional by the department of health under chapter
18.205
RCW;
(58) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(59) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for behavioral health disorders, which are maintained by the department of social and health services, the department, the authority, behavioral health administrative services organizations and their staffs, managed care organizations and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department of social and health services, the department, the authority, behavioral health administrative services organizations, managed care organizations, or a treatment facility if the notes or records are not available to others;
(60) "Tribe" has the same meaning as in RCW 71.24.025
;
(61) "Video," unless the context clearly indicates otherwise, means the delivery of behavioral health services through the use of interactive audio and video technology, permitting real-time communication between a person and a designated crisis responder, for the purpose of evaluation. "Video" does not include the use of audio-only telephone, facsimile, email, or store and forward technology. "Store and forward technology" means use of an asynchronous transmission of a person's medical information from a mental health service provider to the designated crisis responder which results in medical diagnosis, consultation, or treatment;
(62) "Violent act" means behavior that resulted in homicide, attempted suicide, injury, or substantial loss or damage to property.
[
2025 c 226 s 1
. Prior:
2024 c 371 s 17
;
2024 c 209 s 5
;
2024 c 62 s 18
; prior:
2023 c 433 s 3
;
2023 c 425 s 20
;
2022 c 210 s 1
; prior:
2021 c 264 s 21
; (2021 c 264 s 20 expired July 1, 2022);
2021 c 263 s 12
; (2021 c 263 s 11 expired July 1, 2022); prior:
2020 c 302 s 3
;
2020 c 256 s 301
;
2020 c 80 s 51
;
2020 c 5 s 1
; prior:
2019 c 446 s 2
;
2019 c 444 s 16
;
2019 c 325 s 3001
; prior:
2018 c 305 s 1
;
2018 c 291 s 1
;
2018 c 201 s 3001
;
2017 3rd sp.s. c 14 s 14
; prior:
2016 sp.s. c 29 s 204
;
2016 c 155 s 1
; prior:
2015 c 269 s 14
; (2015 c 269 s 13 expired April 1, 2016);
2015 c 250 s 2
; (2015 c 250 s 1 expired April 1, 2016); prior:
2014 c 225 s 79
; prior:
2011 c 148 s 1
;
2011 c 89 s 14
; prior:
2009 c 320 s 1
;
2009 c 217 s 20
;
2008 c 156 s 1
; prior:
2007 c 375 s 6
;
2007 c 191 s 2
;
2005 c 504 s 104
;
2000 c 94 s 1
;
1999 c 13 s 5
;
1998 c 297 s 3
;
1997 c 112 s 3
; prior:
1989 c 420 s 13
;
1989 c 205 s 8
;
1989 c 120 s 2
;
1979 ex.s. c 215 s 5
;
1973 1st ex.s. c 142 s 7
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Contingent expiration date
—
2025 c 226 s 1:
"Section 1 of this act expires when section 2 of this act takes effect." [
2025 c 226 s 13
.]
Effective date
—
2025 c 226:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2025]." [
2025 c 226 s 17
.]
Contingent expiration date
—
2024 c 371 s 17:
"Section 17 of this act expires when section 18 of this act takes effect." [
2024 c 371 s 24
.]
Contingent expiration date
—
2024 c 209 s 5:
"Section 5 of this act expires when section 6 of this act takes effect." [
2024 c 209 s 35
.]
Contingent expiration date
—
2024 c 62 s 18:
"Section 18 of this act expires when section 2, chapter 210, Laws of 2022 takes effect." [
2024 c 62 s 34
.]
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Contingent expiration date
—
2023 c 425 s 20:
"Section 20 of this act expires when section 21 of this act takes effect." [
2023 c 425 s 28
.]
Effective date
—
2023 c 425 ss 1-7, 13-20, and 22-26:
See note following RCW 18.83.170
.
Effective date
—
2022 c 210 ss 1, 2, and 31:
"Sections 1, 2, and 31 of this act take effect July 1, 2022." [
2022 c 210 s 30
.]
Effective date
—
2021 c 264 ss 21 and 26:
"Sections 21 and 26 of this act take effect July 1, 2022." [
2021 c 264 s 38
.]
Expiration date
—
2021 c 264 ss 20 and 25:
"Sections 20 and 25 of this act expire July 1, 2022." [
2021 c 264 s 37
.]
Effective date
—
2021 c 263 ss 12 and 14:
"Sections 12 and 14 of this act take effect July 1, 2022." [
2021 c 263 s 25
.]
Expiration date
—
2021 c 263 ss 11 and 13:
"Sections 11 and 13 of this act expire July 1, 2022." [
2021 c 263 s 24
.]
Application
—
2021 c 263:
See note following RCW 10.77.550
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
"Sections 1 through 4, 6, 7, 9, 11, 12, 13, and 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect April 1, 2018." [
2018 c 291 s 18
.]
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 10 and 14:
See note following RCW 71.24.300
.
Expiration dates
—
2015 c 269 ss 9, 13, and 15:
See note following RCW 71.24.300
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Effective date
—
2015 c 250 ss 2, 15, and 19:
"Sections 2, 15, and 19 of this act take effect April 1, 2016." [
2015 c 250 s 23
.]
Expiration date
—
2015 c 250 ss 1, 14, and 18:
"Sections 1, 14, and 18 of this act expire April 1, 2016." [
2015 c 250 s 22
.]
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Certification of triage facilities
—
2011 c 148:
"Facilities operating as triage facilities as defined in RCW 71.05.020, whether or not they are certified by the department of social and health services, as of April 22, 2011, are not required to relicense or recertify under any new rules governing licensure or certification of triage facilities. The department of social and health services shall work with the Washington association of counties and the Washington association of sheriffs and police chiefs in creating rules that establish standards for certification of triage facilities. The department of health rules must not require triage facilities to provide twenty-four hour nursing." [
2011 c 148 s 6
.]
Effective date
—
2011 c 148:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 22, 2011]." [
2011 c 148 s 7
.]
Effective date
—
2011 c 89:
See note following RCW 18.320.005
.
Findings
—
2011 c 89:
See RCW 18.320.005
.
Conflict with federal requirements
—
2009 c 320:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
2009 c 320 s 6
.]
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Alphabetization
—
Correction of references
—
2005 c 504:
"(1) The code reviser shall alphabetize and renumber the definitions, and correct any internal references affected by this act.
(2) The code reviser shall replace all references to "county designated mental health professional" with "designated mental health professional" in the Revised Code of Washington." [
2005 c 504 s 811
.]
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Purpose
—
Construction
—
1999 c 13:
See note following RCW 10.77.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.020
Definitions.
(Contingent effective date.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "23-hour crisis relief center" has the same meaning as under RCW 71.24.025
;
(2) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(3) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;
(4) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(5) "Approved substance use disorder treatment program" means a program for persons with a substance use disorder provided by a treatment program certified by the department as meeting standards adopted under chapter
71.24
RCW;
(6) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(7) "Authority" means the Washington state health care authority;
(8) "Behavioral health disorder" means either a mental disorder as defined in this section, a substance use disorder as defined in this section, or a co-occurring mental disorder and substance use disorder;
(9) "Behavioral health service provider" means a public or private agency that provides mental health, substance use disorder, or co-occurring disorder services to persons with behavioral health disorders as defined under this section and receives funding from public sources. This includes, but is not limited to: Hospitals licensed under chapter
70.41
RCW; evaluation and treatment facilities as defined in this section; community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025
; licensed or certified behavioral health agencies under RCW 71.24.037
; an entity with a tribal attestation that it meets minimum standards or a licensed or certified behavioral health agency as defined in RCW 71.24.025
; facilities conducting competency evaluations and restoration under chapter
10.77
RCW; approved substance use disorder treatment programs as defined in this section; secure withdrawal management and stabilization facilities as defined in this section; and correctional facilities operated by state, local, and tribal governments;
(10) "Co-occurring disorder specialist" means an individual possessing an enhancement granted by the department of health under chapter
18.205
RCW that certifies the individual to provide substance use disorder counseling subject to the practice limitations under RCW 18.205.105
;
(11) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(12) "Community behavioral health agency" has the same meaning as "licensed or certified behavioral health agency" defined in RCW 71.24.025
;
(13) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(14) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed or certified by the department, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization, or to determine the need for involuntary commitment of an individual;
(15) "Custody" means involuntary detention under the provisions of this chapter or chapter
10.77
RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(16) "Department" means the department of health;
(17) "Designated crisis responder" means a mental health professional appointed by the county, by an entity appointed by the county, or by the authority in consultation with a tribe or after meeting and conferring with an Indian health care provider, to perform the duties specified in this chapter;
(18) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(19) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department of social and health services;
(20) "Developmental disability" means that condition defined in RCW 71A.10.020
(6);
(21) "Director" means the director of the authority;
(22) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(23) "Drug addiction" means a disease, characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;
(24) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is licensed or certified as such by the department. The authority may certify single beds as temporary evaluation and treatment beds under RCW 71.05.745
. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department of social and health services or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(25) "Gravely disabled" means a condition in which a person, as a result of a behavioral health disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration from safe behavior evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(26) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(27) "Hearing" means any proceeding conducted in open court that conforms to the requirements of RCW 71.05.820
;
(28) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a behavioral health facility, or in confinement as a result of a criminal conviction;
(29) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(30) "In need of assisted outpatient treatment" refers to a person who meets the criteria for assisted outpatient treatment established under RCW 71.05.148
;
(31) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(32) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals;
(33) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(34) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public behavioral health service providers under RCW 71.05.130
;
(35) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting than inpatient treatment that includes the services described in RCW 71.05.585
. This term includes: Treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240
or
71.05.320
; treatment pursuant to a conditional release under RCW 71.05.340
; and treatment pursuant to an assisted outpatient treatment order under RCW 71.05.148
;
(36) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington;
(37) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused harm, substantial pain, or which places another person or persons in reasonable fear of harm to themselves or others; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(38) "Medical clearance" means a physician or other health care provider, including an Indian health care provider, has determined that a person is medically stable and ready for referral to the designated crisis responder or facility. For a person presenting in the community, no medical clearance is required prior to investigation by a designated crisis responder;
(39) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(40) "Mental health professional" means an individual practicing within the mental health professional's statutory scope of practice who is:
(a) A psychiatrist, psychologist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, as defined in this chapter and chapter
71.34
RCW;
(b) A mental health counselor, mental health counselor associate, marriage and family therapist, or marriage and family therapist associate, as defined in chapter
18.225
RCW;
(c) A certified or licensed agency affiliated counselor, as defined in chapter
18.19
RCW; or
(d) A licensed psychological associate as described in chapter
18.83
RCW;
(41) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(42) "Physician assistant" means a person licensed as a physician assistant under chapter
18.71A
RCW;
(43) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, or approved substance use disorder treatment program, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders;
(44) "Professional person" means a mental health professional, substance use disorder professional, or designated crisis responder and shall also mean a physician, physician assistant, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(45) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an *advanced registered nurse practitioner pursuant to chapter
18.79
RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(46) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(47) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter
18.83
RCW;
(48) "Public agency" means any evaluation and treatment facility or institution, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments;
(49) "Release" means legal termination of the commitment under the provisions of this chapter;
(50) "Resource management services" has the meaning given in chapter
71.24
RCW;
(51) "Secretary" means the secretary of the department of health, or his or her designee;
(52) "Secure withdrawal management and stabilization facility" means a facility operated by either a public or private agency or by the program of an agency which provides care to voluntary individuals and individuals involuntarily detained and committed under this chapter for whom there is a likelihood of serious harm or who are gravely disabled due to the presence of a substance use disorder. Secure withdrawal management and stabilization facilities must:
(a) Provide the following services:
(i) Assessment and treatment, provided by certified substance use disorder professionals or co-occurring disorder specialists;
(ii) Clinical stabilization services;
(iii) Acute or subacute detoxification services for intoxicated individuals; and
(iv) Discharge assistance provided by certified substance use disorder professionals or co-occurring disorder specialists, including facilitating transitions to appropriate voluntary or involuntary inpatient services or to less restrictive alternatives as appropriate for the individual;
(b) Include security measures sufficient to protect the patients, staff, and community; and
(c) Be licensed or certified as such by the department of health;
(53) "Severe deterioration from safe behavior" means that a person will, if not treated, suffer or continue to suffer severe and abnormal mental, emotional, or physical distress, and this distress is associated with significant impairment of judgment, reason, or behavior;
(54) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010
;
(55) "State facility" means:
(a) The center for behavioral health and learning located on the University of Washington medical center northwest campus; and
(b) Facilities owned or operated by the department of social and health services that are not state hospitals that provide inpatient services to individuals under this chapter;
(56) "State hospital" means a hospital designated under RCW 72.23.020
;
(57) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances;
(58) "Substance use disorder professional" means a person certified as a substance use disorder professional by the department of health under chapter
18.205
RCW;
(59) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(60) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for behavioral health disorders, which are maintained by the department of social and health services, the department, the authority, behavioral health administrative services organizations and their staffs, managed care organizations and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department of social and health services, the department, the authority, behavioral health administrative services organizations, managed care organizations, or a treatment facility if the notes or records are not available to others;
(61) "Tribe" has the same meaning as in RCW 71.24.025
;
(62) "Video," unless the context clearly indicates otherwise, means the delivery of behavioral health services through the use of interactive audio and video technology, permitting real-time communication between a person and a designated crisis responder, for the purpose of evaluation. "Video" does not include the use of audio-only telephone, facsimile, email, or store and forward technology. "Store and forward technology" means use of an asynchronous transmission of a person's medical information from a mental health service provider to the designated crisis responder which results in medical diagnosis, consultation, or treatment;
(63) "Violent act" means behavior that resulted in homicide, attempted suicide, injury, or substantial loss or damage to property.
[
2025 c 226 s 2
. Prior:
2024 c 371 s 18
;
2024 c 209 s 6
;
2024 c 62 s 19
; prior:
2023 c 433 s 4
;
2023 c 425 s 21
;
2022 c 210 s 2
; prior:
2021 c 264 s 23
;
2021 c 264 s 22
;
2021 c 263 s 14
; (2021 c 263 s 13 expired July 1, 2022); prior:
2020 c 302 s 4
;
2020 c 302 s 3
;
2020 c 256 s 301
;
2020 c 80 s 51
;
2020 c 5 s 1
; prior:
2019 c 446 s 2
;
2019 c 444 s 16
;
2019 c 325 s 3001
; prior:
2018 c 305 s 1
;
2018 c 291 s 1
;
2018 c 201 s 3001
;
2017 3rd sp.s. c 14 s 14
; prior:
2016 sp.s. c 29 s 204
;
2016 c 155 s 1
; prior:
2015 c 269 s 14
; (2015 c 269 s 13 expired April 1, 2016);
2015 c 250 s 2
; (2015 c 250 s 1 expired April 1, 2016); prior:
2014 c 225 s 79
; prior:
2011 c 148 s 1
;
2011 c 89 s 14
; prior:
2009 c 320 s 1
;
2009 c 217 s 20
;
2008 c 156 s 1
; prior:
2007 c 375 s 6
;
2007 c 191 s 2
;
2005 c 504 s 104
;
2000 c 94 s 1
;
1999 c 13 s 5
;
1998 c 297 s 3
;
1997 c 112 s 3
; prior:
1989 c 420 s 13
;
1989 c 205 s 8
;
1989 c 120 s 2
;
1979 ex.s. c 215 s 5
;
1973 1st ex.s. c 142 s 7
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Contingent effective date
—
2025 c 226 s 2:
"Section 2 of this act takes effect when the contingency in section 26, chapter 433, Laws of 2023 takes effect." [
2025 c 226 s 14
.]
Contingent effective date
—
2024 c 371 s 18:
"Section 18 of this act takes effect when the contingency in section 26, chapter 433, Laws of 2023 takes effect." [
2024 c 371 s 25
.]
Contingent effective date
—
2024 c 209 s 6:
"Section 6 of this at [act] takes effect when section 4, chapter 433, Laws of 2023 takes effect." [
2024 c 209 s 36
.]
Contingent effective date
—
2024 c 62 s 19:
"Section 19 of this act takes effect when section 18 of this act expires." [
2024 c 62 s 35
.]
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Contingent effective date
—
2023 c 425 s 21:
"Section 21 of this act takes effect when section 2, chapter 210, Laws of 2022 takes effect." [
2023 c 425 s 30
.]
Effective date
—
2022 c 210 ss 1, 2, and 31:
See note following RCW 71.05.020
.
Contingent effective date
—
2023 c 433 s 4
; 2022 c 210 ss 2 and 10; 2021 c 264 ss 22 and 23; 2021 c 263 ss 13 and 14; 2020 c 302 ss 4 and 28:
"(1) Sections 4 and 28, chapter 302, Laws of 2020, sections 13 and 14, chapter 263, Laws of 2021, section 23, chapter 264, Laws of 2021, sections 2 and 10, chapter 210, Laws of 2022, and section 4, chapter 433, Laws of 2023 take effect when monthly single-bed certifications authorized under RCW 71.05.745
fall below 200 reports for 3 consecutive months.
(2) The health care authority must provide written notice of the effective date of sections 4 and 28, chapter 302, Laws of 2020, sections 13 and 14, chapter 263, Laws of 2021, section 23, chapter 264, Laws of 2021, sections 2 and 10, chapter 210, Laws of 2022, and section 4, chapter 433, Laws of 2023 to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the authority." [
2023 c 433 s 26
;
2022 c 210 s 31
. Prior:
2021 c 264 s 24
;
2021 c 263 s 21
;
2020 c 302 s 110
.]
Effective date
—
2021 c 263 ss 12 and 14:
"Sections 12 and 14 of this act take effect July 1, 2022." [
2021 c 263 s 25
.]
Expiration date
—
2021 c 263 ss 11 and 13:
"Sections 11 and 13 of this act expire July 1, 2022." [
2021 c 263 s 24
.]
Application
—
2021 c 263:
See note following RCW 10.77.550
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
"Sections 1 through 4, 6, 7, 9, 11, 12, 13, and 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect April 1, 2018." [
2018 c 291 s 18
.]
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 10 and 14:
See note following RCW 71.24.300
.
Expiration dates
—
2015 c 269 ss 9, 13, and 15:
See note following RCW 71.24.300
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Effective date
—
2015 c 250 ss 2, 15, and 19:
"Sections 2, 15, and 19 of this act take effect April 1, 2016." [
2015 c 250 s 23
.]
Expiration date
—
2015 c 250 ss 1, 14, and 18:
"Sections 1, 14, and 18 of this act expire April 1, 2016." [
2015 c 250 s 22
.]
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Certification of triage facilities
—
2011 c 148:
"Facilities operating as triage facilities as defined in RCW 71.05.020, whether or not they are certified by the department of social and health services, as of April 22, 2011, are not required to relicense or recertify under any new rules governing licensure or certification of triage facilities. The department of social and health services shall work with the Washington association of counties and the Washington association of sheriffs and police chiefs in creating rules that establish standards for certification of triage facilities. The department of health rules must not require triage facilities to provide twenty-four hour nursing." [
2011 c 148 s 6
.]
Effective date
—
2011 c 148:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 22, 2011]." [
2011 c 148 s 7
.]
Effective date
—
2011 c 89:
See note following RCW 18.320.005
.
Findings
—
2011 c 89:
See RCW 18.320.005
.
Conflict with federal requirements
—
2009 c 320:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
2009 c 320 s 6
.]
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Alphabetization
—
Correction of references
—
2005 c 504:
"(1) The code reviser shall alphabetize and renumber the definitions, and correct any internal references affected by this act.
(2) The code reviser shall replace all references to "county designated mental health professional" with "designated mental health professional" in the Revised Code of Washington." [
2005 c 504 s 811
.]
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Purpose
—
Construction
—
1999 c 13:
See note following RCW 10.77.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.025
Integration with chapter
71.24
RCW
—
Behavioral health administrative services organizations
—
Duty to institute procedures for timely consultation with resource management services.
The legislature intends that the procedures and services authorized in this chapter be integrated with those in chapter
71.24
RCW to the maximum extent necessary to assure an appropriate continuum of care for persons with behavioral health disorders, as defined in either or both this chapter and chapter
71.24
RCW. To this end, behavioral health administrative services organizations established in accordance with chapter
71.24
RCW shall institute procedures which require timely consultation with resource management services by designated crisis responders, managed care organizations, evaluation and treatment facilities, secure withdrawal management and stabilization facilities, and approved substance use disorder treatment programs to assure that determinations to admit, detain, commit, treat, discharge, or release persons with behavioral health disorders under this chapter are made only after appropriate information regarding such person's treatment history and current treatment plan has been sought from resource management services.
[
2020 c 302 s 5
;
2019 c 325 s 3002
;
2016 sp.s. c 29 s 205
;
2014 c 225 s 80
;
2000 c 94 s 2
;
1989 c 205 s 9
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Evaluation of transition to regional systems
—
1989 c 205:
See note following RCW 71.24.015
.
RCW 71.05.026
Behavioral health services contracts
—
Limitation on state liability.
(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006.
(2) Except as expressly provided in contracts entered into by the authority, the entities identified in subsection (3) of this section shall have no claim for declaratory relief, injunctive relief, judicial review under chapter
34.05
RCW, or civil liability against the state or state agencies for actions or inactions performed pursuant to the administration of this chapter with regard to the following: (a) The allocation or payment of federal or state funds; (b) the use or allocation of state hospital beds; or (c) financial responsibility for the provision of inpatient behavioral health disorder treatment and care.
(3) This section applies to counties, behavioral health administrative services organizations, managed care organizations, and entities which contract to provide behavioral health services and their subcontractors, agents, or employees.
[
2020 c 302 s 6
;
2019 c 325 s 3003
;
2018 c 201 s 3002
;
2016 sp.s. c 29 s 206
;
2014 c 225 s 81
;
2006 c 333 s 301
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
RCW 71.05.027
Integrated comprehensive screening and assessment process for substance use and mental disorders.
All persons providing treatment under this chapter shall also provide an integrated comprehensive screening and assessment process for substance use disorders and mental disorders adopted pursuant to RCW 71.24.630
.
[
2019 c 325 s 3004
;
2018 c 201 s 3003
;
2014 c 225 s 82
;
2005 c 504 s 103
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Findings
—
Intent
—
2005 c 504:
"The legislature finds that persons with mental disorders, chemical dependency disorders, or co-occurring mental and substance abuse disorders are disproportionately more likely to be confined in a correctional institution, become homeless, become involved with child protective services or involved in a dependency proceeding, or lose those state and federal benefits to which they may be entitled as a result of their disorders. The legislature finds that prior state policy of addressing mental health and chemical dependency in isolation from each other has not been cost-effective and has often resulted in longer-term, more costly treatment that may be less effective over time. The legislature finds that a substantial number of persons have co-occurring mental and substance abuse disorders and that identification and integrated treatment of co-occurring disorders is critical to successful outcomes and recovery. Consequently, the legislature intends, to the extent of available funding, to:
(1) Establish a process for determining which persons with mental disorders and substance abuse disorders have co-occurring disorders;
(2) Reduce the gap between available chemical dependency treatment and the documented need for treatment;
(3) Improve treatment outcomes by shifting treatment, where possible, to evidence-based, research-based, and consensus-based treatment practices and by removing barriers to the use of those practices;
(4) Expand the authority for and use of therapeutic courts including drug courts, mental health courts, and therapeutic courts for dependency proceedings;
(5) Improve access to treatment for persons who are not enrolled in medicaid by improving and creating consistency in the application processes, and by minimizing the numbers of eligible confined persons who leave confinement without medical assistance;
(6) Improve access to inpatient treatment by creating expanded services facilities for persons needing intensive treatment in a secure setting who do not need inpatient care, but are unable to access treatment under current licensing restrictions in other settings;
(7) Establish secure detoxification centers for persons involuntarily detained as gravely disabled or presenting a likelihood of serious harm due to chemical dependency and authorize combined crisis responders for both mental disorders and chemical dependency disorders on a pilot basis and study the outcomes;
(8) Slow or stop the loss of inpatient and intensive residential beds and children's long-term inpatient placements and refine the balance of state hospital and community inpatient and residential beds;
(9) Improve cross-system collaboration including collaboration with first responders and hospital emergency rooms, schools, primary care, developmental disabilities, law enforcement and corrections, and federally funded and licensed programs;
(10) Following the receipt of outcomes from the pilot programs in Part II of this act, if directed by future legislative enactment, implement a single, comprehensive, involuntary treatment act with a unified set of standards, rights, obligations, and procedures for adults and children with mental disorders, chemical dependency disorders, and co-occurring disorders; and
(11) Amend existing state law to address organizational and structural barriers to effective use of state funds for treating persons with mental and substance abuse disorders, minimize internal inconsistencies, clarify policy and requirements, and maximize the opportunity for effective and cost-effective outcomes." [
2005 c 504 s 101
.]
Severability
—
2005 c 504:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2005 c 504 s 807
.]
Application
—
Construction
—
2005 c 504:
"This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it." [
2005 c 504 s 808
.]
Captions, part headings, subheadings not law
—
2005 c 504:
"Captions, part headings, and subheadings used in this act are not part of the law." [
2005 c 504 s 809
.]
Adoption of rules
—
2005 c 504:
"(1) The secretary of the department of social and health services may adopt rules as necessary to implement the provisions of this act.
(2) The secretary of corrections may adopt rules as necessary to implement the provisions of this act." [
2005 c 504 s 812
.]
Effective dates
—
2005 c 504:
"(1) Except for section 503 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.
(2) Section 503 of this act takes effect July 1, 2006." [
2005 c 504 s 813
.]
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
RCW 71.05.030
Commitment laws applicable.
Persons suffering from a behavioral health disorder may not be involuntarily committed for treatment of such disorder except pursuant to provisions of this chapter, chapter
10.77
RCW, chapter
71.06
RCW, chapter
71.34
RCW, transfer pursuant to RCW 72.68.031
through
72.68.037, or pursuant to court ordered evaluation and treatment not to exceed ninety days pending a criminal trial or sentencing.
[
2020 c 302 s 7
;
1998 c 297 s 4
;
1985 c 354 s 31
;
1983 c 3 s 179
;
1974 ex.s. c 145 s 4
;
1973 2nd ex.s. c 24 s 2
;
1973 1st ex.s. c 142 s 8
.]
NOTES:
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.040
Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.
Persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or to present a likelihood of serious harm. However, persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia and who otherwise meet the criteria for detention or judicial commitment are not ineligible for detention or commitment based on this condition alone.
[
2020 c 302 s 8
;
2018 c 201 s 3004
;
2004 c 166 s 2
;
1997 c 112 s 4
;
1987 c 439 s 1
;
1977 ex.s. c 80 s 41
;
1975 1st ex.s. c 199 s 1
;
1974 ex.s. c 145 s 5
;
1973 1st ex.s. c 142 s 9
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Severability
—
2004 c 166:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2004 c 166 s 23
.]
Effective dates
—
2004 c 166:
"This act takes effect July 1, 2004, except for sections 6, 20, and 22 of this act, which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 26, 2004]." [
2004 c 166 s 24
.]
Purpose
—
Intent
—
Severability
—
1977 ex.s. c 80:
See notes following RCW 4.16.190
.
RCW 71.05.050
Voluntary application for treatment of a behavioral health disorder
—
Rights
—
Review of condition and status
—
Detention
—
Person refusing voluntary admission, temporary detention.
(1) Nothing in this chapter shall be construed to limit the right of any person to apply voluntarily to any public or private agency or practitioner for treatment of a behavioral health disorder, either by direct application or by referral. Any person voluntarily admitted for inpatient treatment to any public or private agency shall be released immediately upon his or her request. Any person voluntarily admitted for inpatient treatment to any public or private agency shall orally be advised of the right to immediate discharge, and further advised of such rights in writing as are secured to them pursuant to this chapter and their rights of access to attorneys, courts, and other legal redress. Their condition and status shall be reviewed at least once each one hundred eighty days for evaluation as to the need for further treatment or possible discharge, at which time they shall again be advised of their right to discharge upon request.
(2) If the professional staff of any public or private agency or hospital regards a person voluntarily admitted who requests discharge as presenting, as a result of a behavioral health disorder, an imminent likelihood of serious harm, or is gravely disabled, they may detain such person for sufficient time to notify the designated crisis responder of such person's condition to enable the designated crisis responder to authorize such person being further held in custody or transported to an evaluation and treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pursuant to the provisions of this chapter, which shall in ordinary circumstances be no later than the next judicial day.
(3) If a person is brought to the emergency room of a public or private agency or hospital for observation or treatment, the person refuses voluntary admission, and the professional staff of the public or private agency or hospital regard such person as presenting as a result of a behavioral health disorder an imminent likelihood of serious harm, or as presenting an imminent danger because of grave disability, they may detain such person for sufficient time to notify the designated crisis responder of such person's condition to enable the designated crisis responder to authorize such person being further held in custody or transported to an evaluation treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pursuant to the conditions in this chapter, but which time shall be no more than six hours from the time the professional staff notify the designated crisis responder of the need for evaluation, not counting time periods prior to medical clearance.
(4) If a person is brought to or accepted at a 23-hour crisis relief center and thereafter refuses to stay voluntarily, and the professional staff of the 23-hour crisis relief center regard the person as presenting as a result of a behavioral health disorder an imminent likelihood of serious harm, or presenting as an imminent danger because of grave disability, they may detain the person for sufficient time to enable the designated crisis responder to complete an evaluation, and, if involuntary commitment criteria are met, authorize the person being further held in custody or transported to a hospital emergency department, evaluation and treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pursuant to the provisions of this chapter, but which time shall be no more than 12 hours from the time the professional staff notify the designated crisis responder of the need for evaluation.
(5) Dismissal of a commitment petition is not the appropriate remedy for a violation of the timeliness requirements of this section based on the intent of this chapter under RCW 71.05.010
except in the few cases where the facility staff or designated crisis responder has totally disregarded the requirements of this section.
[
2023 c 433 s 5
;
2020 c 302 s 9
;
2019 c 446 s 3
;
2016 sp.s. c 29 s 207
;
2015 c 269 s 5
;
2000 c 94 s 3
;
1998 c 297 s 6
;
1997 c 112 s 5
;
1979 ex.s. c 215 s 6
;
1975 1st ex.s. c 199 s 2
;
1974 ex.s. c 145 s 6
;
1973 1st ex.s. c 142 s 10
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.100
Financial responsibility.
In addition to the responsibility provided for by RCW 43.20B.330, any person, or his or her estate, or his or her spouse, who is involuntarily detained pursuant to this chapter for the purpose of treatment and evaluation outside of a facility maintained and operated by the department of social and health services shall be responsible for the cost of such care and treatment. In the event that an individual is unable to pay for such treatment or in the event payment would result in a substantial hardship upon the individual or his or her family, then the county of residence of such person shall be responsible for such costs. If it is not possible to determine the county of residence of the person, the cost shall be borne by the county where the person was originally detained. The department of social and health services, or the authority, as appropriate, shall, pursuant to chapter
34.05
RCW, adopt standards as to (1) inability to pay in whole or in part, (2) a definition of substantial hardship, and (3) appropriate payment schedules. Financial responsibility with respect to services and facilities of the department of social and health services shall continue to be as provided in RCW 43.20B.320
through
43.20B.360
and
43.20B.370
.
[
2020 c 302 s 10
;
2018 c 201 s 3005
;
1997 c 112 s 6
;
1987 c 75 s 18
;
1973 2nd ex.s. c 24 s 4
;
1973 1st ex.s. c 142 s 15
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Savings
—
1987 c 75:
See RCW 43.20B.900
.
RCW 71.05.110
Appointed counsel
—
Compensation.
(1) The county where the person is detained shall administer appointed counsel under this chapter, regardless of the person's county of origin. Reimbursement for the costs of such representation is specified under RCW 71.05.730
. The county shall provide counsel:
(a) Directly;
(b) By contracting for that representation; or
(c) When an individual is detained at a state facility, by submitting a request to the health care authority to contract for such counsel with the office of public defense on the county's behalf under chapter
2.70
RCW.
(2) The health care authority shall notify the county within 30 days of receiving notice from the office of public defense that appointed counsel cannot be provided by the office of public defense under subsection (1)(c) of this section. Upon such notice, the county shall provide appointed counsel pursuant to subsection (1)(a) or (b) of this section.
(3) Attorneys appointed for persons pursuant to this chapter shall be compensated for their services as follows: (a) The person for whom an attorney is appointed shall, if he or she is financially able pursuant to standards as to financial capability and indigency set by the superior court of the county in which the proceeding is held, bear the costs of such legal services; (b) if such person is indigent pursuant to such standards, the behavioral health administrative services organization shall reimburse the county in which the proceeding is held for the direct costs of such legal services except when the office of public defense is providing counsel under subsection (1)(c) of this section, as provided in RCW 71.05.730
.
(4) This section supersedes any local ordinance, charter, or rule.
[
2025 c 226 s 3
;
2019 c 325 s 3005
;
2014 c 225 s 83
;
2011 c 343 s 5
;
1997 c 112 s 7
;
1973 1st ex.s. c 142 s 16
.]
NOTES:
Effective date
—
2025 c 226:
See note following RCW 71.05.020
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Intent
—
Effective date
—
2011 c 343:
See notes following RCW 71.05.730
.
RCW 71.05.120
Exemptions from liability.
(1) No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person pursuant to this chapter, nor any designated crisis responder, nor the state, a unit of local government, an evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program shall be civilly or criminally liable for performing duties pursuant to this chapter with regard to the decision of whether to admit, discharge, release, administer antipsychotic medications, or detain a person for evaluation and treatment: PROVIDED, That such duties were performed in good faith and without gross negligence.
(2) Peace officers and their employing agencies are not liable for the referral of a person, or the failure to refer a person, to a behavioral health agency pursuant to a policy adopted pursuant to RCW 71.05.457
if such action or inaction is taken in good faith and without gross negligence.
(3) This section does not relieve a person from giving the required notices under RCW 71.05.330
(2) or
71.05.340
(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel.
[
2020 c 302 s 11
;
2019 c 446 s 22
. Prior:
2016 sp.s. c 29 s 208
;
2016 c 158 s 4
;
2000 c 94 s 4
;
1991 c 105 s 2
;
1989 c 120 s 3
;
1987 c 212 s 301
;
1979 ex.s. c 215 s 7
;
1974 ex.s. c 145 s 7
;
1973 2nd ex.s. c 24 s 5
;
1973 1st ex.s. c 142 s 17
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Finding
—
Intent
—
2016 c 158:
See note following RCW 71.05.455
.
Severability
—
1991 c 105:
See note following RCW 71.05.215
.
RCW 71.05.130
Duties of prosecuting attorney and attorney general.
In any judicial proceeding for involuntary commitment or detention except under RCW 71.05.201, or in any proceeding challenging involuntary commitment or detention, the prosecuting attorney for the county in which the proceeding was initiated shall represent the individuals or agencies petitioning for commitment or detention and shall defend all challenges to such commitment or detention, except that the attorney general shall represent and provide legal services and advice to state hospitals and state facilities with regard to all provisions of and proceedings under this chapter other than proceedings initiated by such hospitals and facilities seeking 14-day detention.
[
2025 c 226 s 4
;
2015 c 258 s 4
;
1998 c 297 s 7
;
1991 c 105 s 3
;
1989 c 120 s 4
;
1979 ex.s. c 215 s 8
;
1973 1st ex.s. c 142 s 18
.]
NOTES:
Effective date
—
2025 c 226:
See note following RCW 71.05.020
.
Short title
—
2015 c 258:
See note following RCW 71.05.201
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
Severability
—
1991 c 105:
See note following RCW 71.05.215
.
RCW 71.05.132
Court-ordered treatment
—
Required notifications.
When any court orders a person to receive treatment under this chapter, the order shall include a statement that if the person is, or becomes, subject to supervision by the department of corrections, the person must notify the treatment provider and the person's mental health treatment information and substance use disorder treatment information must be shared with the department of corrections for the duration of the offender's incarceration and supervision, under RCW 71.05.445
. Upon a petition by a person who does not have a history of one or more violent acts, the court may, for good cause, find that public safety would not be enhanced by the sharing of this person's information.
[
2016 sp.s. c 29 s 209
;
2004 c 166 s 12
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Severability
—
Effective dates
—
2004 c 166:
See notes following RCW 71.05.040
.
RCW 71.05.135
Mental health commissioners
—
Appointment.
In each county the superior court may appoint the following persons to assist the superior court in disposing of its business: PROVIDED, That such positions may not be created without prior consent of the county legislative authority:
(1) One or more attorneys to act as mental health commissioners; and
(2) Such investigators, stenographers, and clerks as the court shall find necessary to carry on the work of the mental health commissioners.
The appointments provided for in this section shall be made by a majority vote of the judges of the superior court of the county and may be in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. Mental health commissioners and investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine. The appointments may be full or part-time positions. A person appointed as a mental health commissioner may also be appointed to any other commissioner position authorized by law.
[
1993 c 15 s 2
;
1991 c 363 s 146
;
1989 c 174 s 1
.]
NOTES:
Effective date
—
1993 c 15:
See note following RCW 26.12.050
.
Purpose
—
Captions not law
—
1991 c 363:
See notes following RCW 2.32.180
.
Severability
—
1989 c 174:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1989 c 174 s 4
.]
RCW 71.05.137
Mental health commissioners
—
Authority.
The judges of the superior court of the county by majority vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135, to perform any or all of the following duties:
(1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursuant to this chapter or *RCW 10.77.525
;
(2) Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter or *RCW 10.77.525
;
(3) For the purpose of this chapter, exercise all powers and perform all the duties of a court commissioner appointed pursuant to RCW 2.24.010
;
(4) Hold hearings in proceedings under this chapter or *RCW 10.77.525
and make written reports of all proceedings under this chapter or *RCW 10.77.525
which shall become a part of the record of superior court;
(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and
(6) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.
[
2013 c 27 s 1
;
1989 c 174 s 2
.]
NOTES:
*Reviser's note:
These RCW references have been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Severability
—
1989 c 174:
See note following RCW 71.05.135
.
RCW 71.05.140
Records maintained.
A record of all applications, petitions, and proceedings under this chapter shall be maintained by the county clerk in which the application, petition, or proceeding was initiated.
[
1973 1st ex.s. c 142 s 19
.]
RCW 71.05.145
Offenders with behavioral health disorders who are believed to be dangerous
—
Less restrictive alternative.
The legislature intends that, when evaluating a person who is identified under RCW 72.09.370
(7), the professional person at the evaluation and treatment facility shall, when appropriate after consideration of the person's mental condition and relevant public safety concerns, file a petition for a ninety-day less restrictive alternative in lieu of a petition for a fourteen-day commitment.
[
1999 c 214 s 4
.]
NOTES:
Intent
—
Effective date
—
1999 c 214:
See notes following RCW 72.09.370
.
RCW 71.05.148
Assisted outpatient treatment
—
Petitions, court orders for less restrictive alternative treatment
—
Procedure.
(Effective until June 30, 2027.)
(1) A person is in need of assisted outpatient treatment if the court finds by clear, cogent, and convincing evidence pursuant to a petition filed under this section that:
(a) The person has a behavioral health disorder;
(b) Based on a clinical determination and in view of the person's treatment history and current behavior, at least one of the following is true:
(i) The person is unlikely to survive safely in the community without supervision and the person's condition is substantially deteriorating; or
(ii) The person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or a likelihood of serious harm to the person or to others;
(c) The person has a history of lack of compliance with treatment for his or her behavioral health disorder that has:
(i) At least twice within the 36 months prior to the filing of the petition been a significant factor in necessitating hospitalization of the person, or the person's receipt of services in a forensic or other mental health unit of a state or tribal correctional facility or local correctional facility, provided that the 36-month period shall be extended by the length of any hospitalization or incarceration of the person that occurred within the 36-month period;
(ii) At least twice within the 36 months prior to the filing of the petition been a significant factor in necessitating emergency medical care or hospitalization for behavioral health-related medical conditions including overdose, infected abscesses, sepsis, endocarditis, or other maladies, or a significant factor in behavior which resulted in the person's incarceration in a state, tribal, or local correctional facility; or
(iii) Resulted in one or more violent acts, threats, or attempts to cause serious physical harm to the person or another within the 48 months prior to the filing of the petition, provided that the 48-month period shall be extended by the length of any hospitalization or incarceration of the person that occurred during the 48-month period;
(d) Participation in an assisted outpatient treatment program would be the least restrictive alternative necessary to ensure the person's recovery and stability; and
(e) The person will benefit from assisted outpatient treatment.
(2) The following individuals may directly file a petition for less restrictive alternative treatment on the basis that a person is in need of assisted outpatient treatment:
(a) The director of a hospital where the person is hospitalized or the director's designee;
(b) The director of a behavioral health service provider providing behavioral health care or residential services to the person or the director's designee;
(c) The person's treating mental health professional or substance use disorder professional or one who has evaluated the person;
(d) A designated crisis responder;
(e) A release planner from a corrections facility; or
(f) An emergency room physician.
(3) A court order for less restrictive alternative treatment on the basis that the person is in need of assisted outpatient treatment may be effective for up to 18 months. The petitioner must personally interview the person, unless the person refuses an interview, to determine whether the person will voluntarily receive appropriate treatment.
(4) The petitioner must allege specific facts based on personal observation, evaluation, or investigation, and must consider the reliability or credibility of any person providing information material to the petition.
(5) The petition must include:
(a) A statement of the circumstances under which the person's condition was made known and the basis for the opinion, from personal observation or investigation, that the person is in need of assisted outpatient treatment. The petitioner must state which specific facts come from personal observation and specify what other sources of information the petitioner has relied upon to form this belief;
(b) A declaration from a physician, physician assistant, *advanced registered nurse practitioner, or the person's treating mental health professional or substance use disorder professional, who has examined the person no more than 10 days prior to the submission of the petition and who is willing to testify in support of the petition, or who alternatively has made appropriate attempts to examine the person within the same period but has not been successful in obtaining the person's cooperation, and who is willing to testify to the reasons they believe that the person meets the criteria for assisted outpatient treatment. If the declaration is provided by the person's treating mental health professional or substance use disorder professional, it must be cosigned by a supervising physician, physician assistant, or *advanced registered nurse practitioner who certifies that they have reviewed the declaration;
(c) The declarations of additional witnesses, if any, supporting the petition for assisted outpatient treatment;
(d) The name of an agency, provider, or facility that agrees to provide less restrictive alternative treatment if the petition is granted by the court; and
(e) If the person is detained in a state hospital, inpatient treatment facility, jail, or correctional facility at the time the petition is filed, the anticipated release date of the person and any other details needed to facilitate successful reentry and transition into the community.
(6)(a) Upon receipt of a petition meeting all requirements of this section, the court shall fix a date for a hearing:
(i) No sooner than three days or later than seven days after the date of service or as stipulated by the parties or, upon a showing of good cause, no later than 30 days after the date of service; or
(ii) If the respondent is hospitalized at the time of filing of the petition, before discharge of the respondent and in sufficient time to arrange for a continuous transition from inpatient treatment to assisted outpatient treatment.
(b) A copy of the petition and notice of hearing shall be served, in the same manner as a summons, on the petitioner, the respondent, the qualified professional whose affidavit accompanied the petition, a current provider, if any, and a surrogate decision maker or agent under chapter
71.32
RCW, if any.
(c) If the respondent has a surrogate decision maker or agent under chapter
71.32
RCW who wishes to provide testimony at the hearing, the court shall afford the surrogate decision maker or agent an opportunity to testify.
(d) The respondent shall be represented by counsel at all stages of the proceedings.
(e) If the respondent fails to appear at the hearing after notice, the court may conduct the hearing in the respondent's absence; provided that the respondent's counsel is present.
(f) If the respondent has refused to be examined by the qualified professional whose affidavit accompanied the petition, the court may order a mental examination of the respondent. The examination of the respondent may be performed by the qualified professional whose affidavit accompanied the petition. If the examination is performed by another qualified professional, the examining qualified professional shall be authorized to consult with the qualified professional whose affidavit accompanied the petition.
(g) If the respondent has refused to be examined by a qualified professional and the court finds reasonable grounds to believe that the allegations of the petition are true, the court may issue a written order directing a peace officer who has completed crisis intervention training to detain and transport the respondent to a provider for examination by a qualified professional. A respondent detained pursuant to this subsection shall be detained no longer than necessary to complete the examination and in no event longer than 24 hours.
(7) If the petition involves a person whom the petitioner or behavioral health administrative services organization knows, or has reason to know, is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the petitioner or behavioral health administrative services organization shall notify the tribe and Indian health care provider. Notification shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan as soon as possible, but before the hearing and no later than 24 hours from the time the petition is served upon the person and the person's guardian. The notice to the tribe or Indian health care provider must include a copy of the petition, together with any orders issued by the court and a notice of the tribe's right to intervene. The court clerk shall provide copies of any court orders necessary for the petitioner or the behavioral health administrative services organization to provide notice to the tribe or Indian health care provider under this section.
(8) A petition for assisted outpatient treatment filed under this section shall be adjudicated under RCW 71.05.240
.
(9) After January 1, 2023, a petition for assisted outpatient treatment must be filed on forms developed by the administrative office of the courts.
[
2024 c 209 s 9
;
2022 c 210 s 3
;
2019 c 446 s 21
;
2018 c 291 s 3
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
PDF
RCW 71.05.148
Assisted outpatient treatment
—
Petitions, court orders for less restrictive alternative treatment
—
Procedure.
(Effective June 30, 2027.)
(1) A person is in need of assisted outpatient treatment if the court finds by clear, cogent, and convincing evidence pursuant to a petition filed under this section that:
(a) The person has a behavioral health disorder;
(b) Based on a clinical determination and in view of the person's treatment history and current behavior, at least one of the following is true:
(i) The person is unlikely to survive safely in the community without supervision and the person's condition is substantially deteriorating; or
(ii) The person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or a likelihood of serious harm to the person or to others;
(c) The person has a history of lack of compliance with treatment for his or her behavioral health disorder that has:
(i) At least twice within the 36 months prior to the filing of the petition been a significant factor in necessitating hospitalization of the person, or the person's receipt of services in a forensic or other mental health unit of a state or tribal correctional facility or local correctional facility, provided that the 36-month period shall be extended by the length of any hospitalization or incarceration of the person that occurred within the 36-month period;
(ii) At least twice within the 36 months prior to the filing of the petition been a significant factor in necessitating emergency medical care or hospitalization for behavioral health-related medical conditions including overdose, infected abscesses, sepsis, endocarditis, or other maladies, or a significant factor in behavior which resulted in the person's incarceration in a state, tribal, or local correctional facility; or
(iii) Resulted in one or more violent acts, threats, or attempts to cause serious physical harm to the person or another within the 48 months prior to the filing of the petition, provided that the 48-month period shall be extended by the length of any hospitalization or incarceration of the person that occurred during the 48-month period;
(d) Participation in an assisted outpatient treatment program would be the least restrictive alternative necessary to ensure the person's recovery and stability; and
(e) The person will benefit from assisted outpatient treatment.
(2) The following individuals may directly file a petition for less restrictive alternative treatment on the basis that a person is in need of assisted outpatient treatment:
(a) The director of a hospital where the person is hospitalized or the director's designee;
(b) The director of a behavioral health service provider providing behavioral health care or residential services to the person or the director's designee;
(c) The person's treating mental health professional or substance use disorder professional or one who has evaluated the person;
(d) A designated crisis responder;
(e) A release planner from a corrections facility; or
(f) An emergency room physician.
(3) A court order for less restrictive alternative treatment on the basis that the person is in need of assisted outpatient treatment may be effective for up to 18 months. The petitioner must personally interview the person, unless the person refuses an interview, to determine whether the person will voluntarily receive appropriate treatment.
(4) The petitioner must allege specific facts based on personal observation, evaluation, or investigation, and must consider the reliability or credibility of any person providing information material to the petition.
(5) The petition must include:
(a) A statement of the circumstances under which the person's condition was made known and the basis for the opinion, from personal observation or investigation, that the person is in need of assisted outpatient treatment. The petitioner must state which specific facts come from personal observation and specify what other sources of information the petitioner has relied upon to form this belief;
(b) A declaration from a physician, physician assistant, advanced practice registered nurse, or the person's treating mental health professional or substance use disorder professional, who has examined the person no more than 10 days prior to the submission of the petition and who is willing to testify in support of the petition, or who alternatively has made appropriate attempts to examine the person within the same period but has not been successful in obtaining the person's cooperation, and who is willing to testify to the reasons they believe that the person meets the criteria for assisted outpatient treatment. If the declaration is provided by the person's treating mental health professional or substance use disorder professional, it must be cosigned by a supervising physician, physician assistant, or advanced practice registered nurse who certifies that they have reviewed the declaration;
(c) The declarations of additional witnesses, if any, supporting the petition for assisted outpatient treatment;
(d) The name of an agency, provider, or facility that agrees to provide less restrictive alternative treatment if the petition is granted by the court; and
(e) If the person is detained in a state hospital, inpatient treatment facility, jail, or correctional facility at the time the petition is filed, the anticipated release date of the person and any other details needed to facilitate successful reentry and transition into the community.
(6)(a) Upon receipt of a petition meeting all requirements of this section, the court shall fix a date for a hearing:
(i) No sooner than three days or later than seven days after the date of service or as stipulated by the parties or, upon a showing of good cause, no later than 30 days after the date of service; or
(ii) If the respondent is hospitalized at the time of filing of the petition, before discharge of the respondent and in sufficient time to arrange for a continuous transition from inpatient treatment to assisted outpatient treatment.
(b) A copy of the petition and notice of hearing shall be served, in the same manner as a summons, on the petitioner, the respondent, the qualified professional whose affidavit accompanied the petition, a current provider, if any, and a surrogate decision maker or agent under chapter
71.32
RCW, if any.
(c) If the respondent has a surrogate decision maker or agent under chapter
71.32
RCW who wishes to provide testimony at the hearing, the court shall afford the surrogate decision maker or agent an opportunity to testify.
(d) The respondent shall be represented by counsel at all stages of the proceedings.
(e) If the respondent fails to appear at the hearing after notice, the court may conduct the hearing in the respondent's absence; provided that the respondent's counsel is present.
(f) If the respondent has refused to be examined by the qualified professional whose affidavit accompanied the petition, the court may order a mental examination of the respondent. The examination of the respondent may be performed by the qualified professional whose affidavit accompanied the petition. If the examination is performed by another qualified professional, the examining qualified professional shall be authorized to consult with the qualified professional whose affidavit accompanied the petition.
(g) If the respondent has refused to be examined by a qualified professional and the court finds reasonable grounds to believe that the allegations of the petition are true, the court may issue a written order directing a peace officer who has completed crisis intervention training to detain and transport the respondent to a provider for examination by a qualified professional. A respondent detained pursuant to this subsection shall be detained no longer than necessary to complete the examination and in no event longer than 24 hours.
(7) If the petition involves a person whom the petitioner or behavioral health administrative services organization knows, or has reason to know, is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the petitioner or behavioral health administrative services organization shall notify the tribe and Indian health care provider. Notification shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan as soon as possible, but before the hearing and no later than 24 hours from the time the petition is served upon the person and the person's guardian. The notice to the tribe or Indian health care provider must include a copy of the petition, together with any orders issued by the court and a notice of the tribe's right to intervene. The court clerk shall provide copies of any court orders necessary for the petitioner or the behavioral health administrative services organization to provide notice to the tribe or Indian health care provider under this section.
(8) A petition for assisted outpatient treatment filed under this section shall be adjudicated under RCW 71.05.240
.
(9) After January 1, 2023, a petition for assisted outpatient treatment must be filed on forms developed by the administrative office of the courts.
[
2025 c 58 s 5145
;
2024 c 209 s 9
;
2022 c 210 s 3
;
2019 c 446 s 21
;
2018 c 291 s 3
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
RCW 71.05.150
Petition for initial detention of persons with behavioral health disorders
—
Evaluation and treatment period
—
Procedure
—
Tribal jurisdiction.
(Effective until July 1, 2026.)
(1) When a designated crisis responder receives information alleging that a person, as a result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled, the designated crisis responder may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention under this section. Before filing the petition, the designated crisis responder must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility, crisis stabilization unit, 23-hour crisis relief center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program. As part of the assessment, the designated crisis responder must attempt to ascertain if the person has executed a mental health advance directive under chapter
71.32
RCW. The interview performed by the designated crisis responder may be conducted by video provided that a licensed health care professional or professional person who can adequately and accurately assist with obtaining any necessary information is present with the person at the time of the interview.
(2)(a) A superior court judge may issue a warrant to detain a person with a behavioral health disorder to a designated evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program, for a period of not more than 120 hours for evaluation and treatment upon request of a designated crisis responder, subject to (d) of this subsection, whenever it appears to the satisfaction of the judge that:
(i) There is probable cause to support the petition; and
(ii) The person has refused or failed to accept appropriate evaluation and treatment voluntarily.
(b) The petition for initial detention, signed under penalty of perjury, or sworn telephonic testimony may be considered by the court in determining whether there are sufficient grounds for issuing the order.
(c) The order shall designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.
(d) A court may not issue an order to detain a person to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program unless there is an available secure withdrawal management and stabilization facility or approved substance use disorder treatment program that has adequate space for the person.
(e) If the court does not issue an order to detain a person pursuant to this subsection (2), the court shall issue an order to dismiss the initial petition.
(3) The designated crisis responder shall then serve or cause to be served on such person and his or her guardian, if any, a copy of the order together with a notice of rights, and a petition for initial detention. After service on such person the designated crisis responder shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, and the designated attorney. The designated crisis responder shall notify the court and the prosecuting attorney that a probable cause hearing will be held within 120 hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program. The person shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor or traditional cultural healer to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.
(4) The designated crisis responder may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of rights and a petition for initial detention.
(5) In any investigation and evaluation of an individual under this section or RCW 71.05.153
in which the designated crisis responder knows, or has reason to know, that the individual is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the designated crisis responder shall notify the tribe and Indian health care provider whether or not a petition for initial detention or involuntary outpatient treatment will be filed as soon as possible, but no later than three hours from the time the decision is made. If a petition for initial detention or involuntary outpatient treatment is filed, the designated crisis responder must provide the tribe and Indian health care provider with a copy of the petition, together with any orders issued by the court and a notice of the tribe's right to intervene as soon as possible, but before the hearing, and no later than 24 hours from the time the petition is served upon the person and the person's guardian. The court clerk shall provide copies of any court orders necessary for the designated crisis responder to provide notice to the tribe or Indian health care provider under this section. Notification under this section is subject to any federal and state laws and regulations including the requirements in RCW 70.02.230
(2)(ee) and (3) and shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan.
[
2024 c 209 s 11
;
2023 c 433 s 6
;
2022 c 210 s 5
;
2021 c 264 s 1
. Prior:
2020 c 302 s 13
; (2020 c 302 s 12 expired January 1, 2021);
2020 c 256 s 302
;
2020 c 5 s 2
;
2019 c 446 s 4
;
2018 c 291 s 4
;
2016 sp.s. c 29 s 210
;
2015 c 250 s 3
;
2011 c 148 s 5
;
2007 c 375 s 7
;
1998 c 297 s 8
;
1997 c 112 s 8
;
1984 c 233 s 1
;
1979 ex.s. c 215 s 9
;
1975 1st ex.s. c 199 s 3
;
1974 ex.s. c 145 s 8
;
1973 1st ex.s. c 142 s 20
.]
NOTES:
Expiration date
—
2024 c 209 ss 11, 13, 23, and 26:
"Sections 11, 13, 23, and 26 of this act expire July 1, 2026." [
2024 c 209 s 39
.]
Expiration date
—
2023 c 433 ss 6, 8, and 10:
"Sections 6, 8, and 10 of this act expire July 1, 2026." [
2023 c 433 s 24
.]
Expiration date
—
2022 c 210 ss 5, 12, 17, and 23:
"Sections 5, 12, 17, and 23 of this act expire July 1, 2026." [
2022 c 210 s 32
.]
Expiration date
—
2021 c 264 ss 1, 3, 6, 8, 10, 14, 31, and 33:
"Sections 1, 3, 6, 8, 10, 14, 31, and 33 of this act expire July 1, 2026." [
2021 c 264 s 35
.]
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
"Sections 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91 of this act expire January 1, 2021." [
2020 c 302 s 106
.]
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
"Sections 13, 16, 19 through 23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92 of this act take effect January 1, 2021." [
2020 c 302 s 107
.]
Expiration date
—
2020 c 302 ss 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97:
"Sections 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97 of this act expire July 1, 2026." [
2020 c 302 s 108
.]
Expiration date
—
2020 c 256 s 302:
"Section 302 of this act expires July 1, 2026." [
2020 c 256 s 501
.]
Expiration date
—
2020 c 5 ss 2 and 4:
"Sections 2 and 4 of this act expire July 1, 2026." [
2020 c 5 s 6
.]
Expiration date
—
2019 c 446 ss 4, 6, 8, 11, 14, 30, 32, 34, 37, 39, and 41:
"Sections 4, 6, 8, 11, 14, 30, 32, 34, 37, 39, and 41 of this act expire July 1, 2026." [
2019 c 446 s 55
.]
Expiration date
—
2018 c 291 ss 4, 7, and 9:
"Sections 4, 7, and 9 of this act expire July 1, 2026." [
2018 c 291 s 20
.]
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Certification of triage facilities
—
Effective date
—
2011 c 148:
See notes following RCW 71.05.020
.
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Captions not law
—
2007 c 375:
See note following RCW 10.77.635
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.150
Petition for initial detention of persons with behavioral health disorders
—
Evaluation and treatment period
—
Procedure
—
Tribal jurisdiction.
(Effective July 1, 2026.)
(1) When a designated crisis responder receives information alleging that a person, as a result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled, the designated crisis responder may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention under this section. Before filing the petition, the designated crisis responder must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility, crisis stabilization unit, 23-hour crisis relief center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program. As part of the assessment, the designated crisis responder must attempt to ascertain if the person has executed a mental health advance directive under chapter
71.32
RCW. The interview performed by the designated crisis responder may be conducted by video provided that a licensed health care professional or professional person who can adequately and accurately assist with obtaining any necessary information is present with the person at the time of the interview.
(2)(a) A superior court judge may issue a warrant to detain a person with a behavioral health disorder to a designated evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program, for a period of not more than 120 hours for evaluation and treatment upon request of a designated crisis responder whenever it appears to the satisfaction of the judge that:
(i) There is probable cause to support the petition; and
(ii) The person has refused or failed to accept appropriate evaluation and treatment voluntarily.
(b) The petition for initial detention, signed under penalty of perjury, or sworn telephonic testimony may be considered by the court in determining whether there are sufficient grounds for issuing the order.
(c) The order shall designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.
(d) If the court does not issue an order to detain a person pursuant to this subsection (2), the court shall issue an order to dismiss the initial petition.
(3) The designated crisis responder shall then serve or cause to be served on such person and his or her guardian, if any, a copy of the order together with a notice of rights, and a petition for initial detention. After service on such person the designated crisis responder shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, and the designated attorney. The designated crisis responder shall notify the court and the prosecuting attorney that a probable cause hearing will be held within 120 hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program. The person shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor or traditional cultural healer to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.
(4) The designated crisis responder may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of rights and a petition for initial detention.
(5) In any investigation and evaluation of an individual under this section or RCW 71.05.153
in which the designated crisis responder knows, or has reason to know, that the individual is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the designated crisis responder shall notify the tribe and Indian health care provider whether or not a petition for initial detention or involuntary outpatient treatment will be filed as soon as possible, but no later than three hours from the time the decision is made. If a petition for initial detention or involuntary outpatient treatment is filed, the designated crisis responder must provide the tribe and Indian health care provider with a copy of the petition, together with any orders issued by the court and a notice of the tribe's right to intervene as soon as possible, but before the hearing, and no later than 24 hours from the time the petition is served upon the person and the person's guardian. The court clerk shall provide copies of any court orders necessary for the designated crisis responder to provide notice to the tribe or Indian health care provider under this section. Notification under this section is subject to any federal and state laws and regulations including the requirements in RCW 70.02.230
(2)(ee) and (3) and shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan.
[
2024 c 209 s 12
;
2023 c 433 s 7
;
2022 c 210 s 6
;
2021 c 264 s 2
. Prior:
2020 c 302 s 14
; (2020 c 302 s 12 expired January 1, 2021);
2020 c 256 s 303
;
2020 c 5 s 3
;
2019 c 446 s 5
;
2018 c 291 s 5
;
2016 sp.s. c 29 s 211
;
2016 sp.s. c 29 s 210
;
2015 c 250 s 3
;
2011 c 148 s 5
;
2007 c 375 s 7
;
1998 c 297 s 8
;
1997 c 112 s 8
;
1984 c 233 s 1
;
1979 ex.s. c 215 s 9
;
1975 1st ex.s. c 199 s 3
;
1974 ex.s. c 145 s 8
;
1973 1st ex.s. c 142 s 20
.]
NOTES:
Effective date
—
2024 c 209 ss 12, 14, 24, and 27:
"Sections 12, 14, 24, and 27 of this act take effect July 1, 2026." [
2024 c 209 s 40
.]
Effective date
—
2023 c 433 ss 7, 9, and 11:
"Sections 7, 9, and 11 of this act take effect July 1, 2026." [
2023 c 433 s 25
.]
Effective date
—
2022 c 210 ss 6, 13, 18, and 24:
"Sections 6, 13, 18, and 24 of this act take effect July 1, 2026." [
2022 c 210 s 33
.]
Effective date
—
2021 c 264 ss 2, 4, 7, 9, 11, 15, 32, and 34:
"Sections 2, 4, 7, 9, 11, 15, 32, and 34 of this act take effect July 1, 2026." [
2021 c 264 s 36
.]
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
"Sections 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91 of this act expire January 1, 2021." [
2020 c 302 s 106
.]
Effective date
—
2020 c 302 ss 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98:
"Sections 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98 of this act take effect July 1, 2026." [
2020 c 302 s 109
.]
Effective date
—
2020 c 256 s 303:
"Section 303 of this act takes effect July 1, 2026." [
2020 c 256 s 502
.]
Effective date
—
2020 c 5 ss 3 and 5:
"Sections 3 and 5 of this act take effect July 1, 2026." [
2020 c 5 s 7
.]
Effective date
—
2019 c 446 ss 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42:
"Sections 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42 of this act take effect July 1, 2026." [
2019 c 446 s 56
.]
Effective date
—
2018 c 291 ss 5, 8, and 10:
"Sections 5, 8, and 10 of this act take effect July 1, 2026." [
2018 c 291 s 19
.]
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Certification of triage facilities
—
Effective date
—
2011 c 148:
See notes following RCW 71.05.020
.
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Captions not law
—
2007 c 375:
See note following RCW 10.77.635
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.153
Emergency detention of persons with behavioral health disorders
—
Procedure.
(Effective until July 1, 2026.)
(1) When a designated crisis responder receives information alleging that a person, as the result of a behavioral health disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the designated crisis responder may take such person, or cause by oral or written order such person to be taken into emergency custody in an emergency department, evaluation and treatment facility, secure withdrawal management and stabilization facility if available with adequate space for the person, or approved substance use disorder treatment program if available with adequate space for the person, for not more than one hundred twenty hours as described in RCW 71.05.180
.
(2)(a) Subject to (b) of this subsection, a peace officer may take or cause such person to be taken into custody and immediately delivered to a crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or the emergency department of a local hospital under subsection (1) of this section or when he or she has reasonable cause to believe that such person is suffering from a behavioral health disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.
(b) A peace officer's delivery of a person, to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program is subject to the availability of a secure withdrawal management and stabilization facility or approved substance use disorder treatment program with adequate space for the person.
(3) Persons delivered to a crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, emergency department of a local hospital, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program by peace officers pursuant to subsection (2) of this section may be held by the facility for a period of up to twelve hours, not counting time periods prior to medical clearance.
(4) Within three hours after arrival at an emergency department, not counting time periods prior to medical clearance, the person must be examined by a mental health professional or substance use disorder professional. Within twelve hours of notice of the need for evaluation, not counting time periods prior to medical clearance, the designated crisis responder must determine whether the individual meets detention criteria. In conjunction with this evaluation, the facility where the patient is located must inquire as to a person's veteran status or eligibility for veterans benefits and, if the person appears to be potentially eligible for these benefits, inquire whether the person would be amenable to treatment by the veterans health administration compared to other relevant treatment options. This information must be shared with the designated crisis responder. If the person has been identified as being potentially eligible for veterans health administration services and as being amenable for those services, and if appropriate in light of all reasonably available information about the person's circumstances, the designated crisis responder must first refer the person to the veterans health administration for mental health or substance use disorder treatment at a facility capable of meeting the needs of the person including, but not limited to, the involuntary treatment options available at the Seattle division of the VA Puget Sound health care system. If the person is accepted for treatment by the veterans health administration, and is willing to accept treatment by the veterans health administration as an alternative to other available treatment options, the designated crisis responder, the veterans health administration, and the facility where the patient is located will work to make arrangements to have the person transported to a veterans health administration facility. As part of the assessment, the designated crisis responder must attempt to ascertain if the person has executed a mental health advance directive under chapter
71.32
RCW. The interview performed by the designated crisis responder may be conducted by video provided that a licensed health care professional or professional person who can adequately and accurately assist with obtaining any necessary information is present with the person at the time of the interview. If the individual is detained, the designated crisis responder shall file a petition for detention or a supplemental petition as appropriate and commence service on the designated attorney for the detained person. If the individual is released to the community, the behavioral health service provider shall inform the peace officer of the release within a reasonable period of time after the release if the peace officer has specifically requested notification and provided contact information to the provider.
(5) Dismissal of a commitment petition is not the appropriate remedy for a violation of the timeliness requirements of this section based on the intent of this chapter under RCW 71.05.010
except in the few cases where the facility staff or designated crisis responder has totally disregarded the requirements of this section.
[
2023 c 433 s 8
. Prior:
2021 c 264 s 3
;
2021 c 125 s 1
; prior:
2020 c 302 s 16
; (2020 c 302 s 15 expired January 1, 2021);
2020 c 5 s 4
;
2019 c 446 s 6
;
2016 sp.s. c 29 s 212
;
2015 c 269 s 6
; prior:
2011 c 305 s 8
;
2011 c 148 s 2
;
2007 c 375 s 8
.]
NOTES:
Expiration date
—
2023 c 433 ss 6, 8, and 10:
See note following RCW 71.05.150
.
Expiration date
—
2021 c 264 ss 1, 3, 6, 8, 10, 14, 31, and 33:
See note following RCW 71.05.150
.
Expiration date
—
2021 c 125 s 1:
"Section 1 of this act expires July 1, 2026." [
2021 c 125 s 3
.]
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 5 ss 2 and 4:
See note following RCW 71.05.150
.
Expiration date
—
2019 c 446 ss 4, 6, 8, 11, 14, 30, 32, 34, 37, 39, and 41:
See note following RCW 71.05.150
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Findings
—
2011 c 305:
See note following RCW 74.09.295
.
Certification of triage facilities
—
Effective date
—
2011 c 148:
See notes following RCW 71.05.020
.
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Captions not law
—
2007 c 375:
See note following RCW 10.77.635
.
PDF
RCW 71.05.153
Emergency detention of persons with behavioral health disorders
—
Procedure.
(Effective July 1, 2026.)
(1) When a designated crisis responder receives information alleging that a person, as the result of a behavioral health disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the designated crisis responder may take such person, or cause by oral or written order such person to be taken into emergency custody in an emergency department, evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, for not more than one hundred twenty hours as described in RCW 71.05.180
.
(2) A peace officer may take or cause such person to be taken into custody and immediately delivered to a crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or the emergency department of a local hospital under subsection (1) of this section or when he or she has reasonable cause to believe that such person is suffering from a behavioral health disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.
(3) Persons delivered to a crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, emergency department of a local hospital, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program by peace officers pursuant to subsection (2) of this section may be held by the facility for a period of up to twelve hours, not counting time periods prior to medical clearance.
(4) Within three hours after arrival at an emergency department, not counting time periods prior to medical clearance, the person must be examined by a mental health professional or substance use disorder professional. Within twelve hours of notice of the need for evaluation, not counting time periods prior to medical clearance, the designated crisis responder must determine whether the individual meets detention criteria. In conjunction with this evaluation, the facility where the patient is located must inquire as to a person's veteran status or eligibility for veterans benefits and, if the person appears to be potentially eligible for these benefits, inquire whether the person would be amenable to treatment by the veterans health administration compared to other relevant treatment options. This information must be shared with the designated crisis responder. If the person has been identified as being potentially eligible for veterans health administration services and as being amenable for those services, and if appropriate in light of all reasonably available information about the person's circumstances, the designated crisis responder must first refer the person to the veterans health administration for mental health or substance use disorder treatment at a facility capable of meeting the needs of the person including, but not limited to, the involuntary treatment options available at the Seattle division of the VA Puget Sound health care system. If the person is accepted for treatment by the veterans health administration, and is willing to accept treatment by the veterans health administration as an alternative to other available treatment options, the designated crisis responder, the veterans health administration, and the facility where the patient is located will work to make arrangements to have the person transported to a veterans health administration facility. As part of the assessment, the designated crisis responder must attempt to ascertain if the person has executed a mental health advance directive under chapter
71.32
RCW. The interview performed by the designated crisis responder may be conducted by video provided that a licensed health care professional or professional person who can adequately and accurately assist with obtaining any necessary information is present with the person at the time of the interview. If the individual is detained, the designated crisis responder shall file a petition for detention or a supplemental petition as appropriate and commence service on the designated attorney for the detained person. If the individual is released to the community, the behavioral health service provider shall inform the peace officer of the release within a reasonable period of time after the release if the peace officer has specifically requested notification and provided contact information to the provider.
(5) Dismissal of a commitment petition is not the appropriate remedy for a violation of the timeliness requirements of this section based on the intent of this chapter under RCW 71.05.010
except in the few cases where the facility staff or designated crisis responder has totally disregarded the requirements of this section.
[
2023 c 433 s 9
. Prior:
2021 c 264 s 4
;
2021 c 125 s 2
; prior:
2020 c 302 s 17
; (2020 c 302 s 15 expired January 1, 2021);
2020 c 5 s 5
;
2019 c 446 s 7
;
2016 sp.s. c 29 s 213
;
2016 sp.s. c 29 s 212
;
2015 c 269 s 6
; prior:
2011 c 305 s 8
;
2011 c 148 s 2
;
2007 c 375 s 8
.]
NOTES:
Effective date
—
2023 c 433 ss 7, 9, and 11:
See note following RCW 71.05.150
.
Effective date
—
2021 c 264 ss 2, 4, 7, 9, 11, 15, 32, and 34:
See note following RCW 71.05.150
.
Effective date
—
2021 c 125 s 2:
"Section 2 of this act takes effect July 1, 2026." [
2021 c 125 s 4
.]
Effective date
—
2020 c 302 ss 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 5 ss 3 and 5:
See note following RCW 71.05.150
.
Effective date
—
2019 c 446 ss 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42:
See note following RCW 71.05.150
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Findings
—
2011 c 305:
See note following RCW 74.09.295
.
Certification of triage facilities
—
Effective date
—
2011 c 148:
See notes following RCW 71.05.020
.
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Captions not law
—
2007 c 375:
See note following RCW 10.77.635
.
RCW 71.05.154
Detention of persons with behavioral health disorders
—
Evaluation
—
Consultation with emergency room physician.
(Effective until June 30, 2027.)
If a person subject to evaluation under RCW 71.05.150
or
71.05.153
is located in an emergency room at the time of evaluation, the designated crisis responder conducting the evaluation shall take serious consideration of observations and opinions by an examining emergency room physician, *advanced registered nurse practitioner, or physician assistant in determining whether detention under this chapter is appropriate. The designated crisis responder must document his or her consultation with this professional, if the professional is available, or his or her review of the professional's written observations or opinions regarding whether detention of the person is appropriate.
[
2017 3rd sp.s. c 14 s 12
; (2017 3rd sp.s. c 14 s 11 expired April 1, 2018);
2016 sp.s. c 29 s 214
;
2013 c 334 s 1
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Expiration date
—
2017 3rd sp.s. c 14 ss 8, 11, and 13:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.154
Detention of persons with behavioral health disorders
—
Evaluation
—
Consultation with emergency room physician.
(Effective June 30, 2027.)
If a person subject to evaluation under RCW 71.05.150
or
71.05.153
is located in an emergency room at the time of evaluation, the designated crisis responder conducting the evaluation shall take serious consideration of observations and opinions by an examining emergency room physician, advanced practice registered nurse, or physician assistant in determining whether detention under this chapter is appropriate. The designated crisis responder must document his or her consultation with this professional, if the professional is available, or his or her review of the professional's written observations or opinions regarding whether detention of the person is appropriate.
[
2025 c 58 s 5146
;
2017 3rd sp.s. c 14 s 12
; (2017 3rd sp.s. c 14 s 11 expired April 1, 2018);
2016 sp.s. c 29 s 214
;
2013 c 334 s 1
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Expiration date
—
2017 3rd sp.s. c 14 ss 8, 11, and 13:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.156
Evaluation for imminent likelihood of serious harm or imminent danger
—
Individual with grave disability.
A designated crisis responder who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153
must also evaluate the person under RCW 71.05.150
for likelihood of serious harm or grave disability that does not meet the imminent standard for emergency detention.
[
2022 c 210 s 7
;
2018 c 291 s 12
;
2016 sp.s. c 29 s 215
;
2015 c 250 s 4
;
2013 c 334 s 2
.]
NOTES:
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.157
Evaluation by designated crisis responder
—
When required
—
Required notifications.
(1) When a designated crisis responder is notified by a jail that a defendant or offender who was subject to a discharge review under RCW 71.05.232
is to be released to the community, the designated crisis responder shall evaluate the person within seventy-two hours of release.
(2) When an offender is under court-ordered treatment in the community and the supervision of the department of corrections, and the treatment provider becomes aware that the person is in violation of the terms of the court order, the treatment provider shall notify the designated crisis responder and the department of corrections of the violation and request an evaluation for purposes of revocation of the less restrictive alternative.
(3) When a designated crisis responder becomes aware that an offender who is under court-ordered treatment in the community and the supervision of the department of corrections is in violation of a treatment order or a condition of supervision that relates to public safety, or the designated crisis responder detains a person under this chapter, the designated crisis responder shall notify the person's treatment provider and the department of corrections.
(4) When an offender who is confined in a state correctional facility or is under supervision of the department of corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify the department of corrections and the department of corrections shall provide documentation of its risk assessment or other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or high-needs offender.
(5) Nothing in this section creates a duty on any treatment provider or designated crisis responder to provide offender supervision.
(6) No jail or state correctional facility may be considered a less restrictive alternative to an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program.
[
2019 c 446 s 20
;
2016 sp.s. c 29 s 216
;
2007 c 375 s 9
;
2005 c 504 s 507
;
2004 c 166 s 16
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Severability
—
Effective dates
—
2004 c 166:
See notes following RCW 71.05.040
.
RCW 71.05.160
Petition for initial detention.
(1) Any facility receiving a person pursuant to RCW 71.05.150
or
71.05.153
shall require the designated crisis responder to prepare a petition for initial detention stating the circumstances under which the person's condition was made known and stating that there is evidence, as a result of his or her personal observation or investigation, that the actions of the person for which application is made constitute a likelihood of serious harm, or that he or she is gravely disabled, and stating the specific facts known to him or her as a result of his or her personal observation or investigation, upon which he or she bases the belief that such person should be detained for the purposes and under the authority of this chapter.
(2)(a) If a person is involuntarily placed in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pursuant to RCW 71.05.150
or
71.05.153, on the next judicial day following the initial detention, the designated crisis responder shall file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention.
(b) If the person is involuntarily detained at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program in a different county from where the person was initially detained, the facility or program may file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention at the request of the designated crisis responder.
[
2020 c 302 s 18
;
2019 c 446 s 19
;
2016 sp.s. c 29 s 217
;
2007 c 375 s 13
;
1998 c 297 s 9
;
1997 c 112 s 10
;
1974 ex.s. c 145 s 9
;
1973 1st ex.s. c 142 s 21
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.170
Acceptance of petition
—
Notice
—
Duty of state hospital.
Whenever the designated crisis responder petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the facility providing one hundred twenty hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. The facility shall then evaluate the person's condition and admit, detain, transfer, or discharge such person in accordance with RCW 71.05.210
. The facility shall notify in writing the court and the designated crisis responder of the date and time of the initial detention of each person involuntarily detained in order that a probable cause hearing shall be held no later than one hundred twenty hours after detention.
The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter
71.24
RCW.
[
2020 c 302 s 19
;
2016 sp.s. c 29 s 218
;
2000 c 94 s 5
;
1998 c 297 s 10
;
1997 c 112 s 11
;
1989 c 205 s 10
;
1974 ex.s. c 145 s 10
;
1973 1st ex.s. c 142 s 22
.]
NOTES:
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.180
Detention period for evaluation and treatment.
If the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admits the person, it may detain him or her for evaluation and treatment for a period not to exceed one hundred twenty hours from the time of acceptance as set forth in RCW 71.05.170
. The computation of such one hundred twenty hour period shall exclude Saturdays, Sundays and holidays.
[
2020 c 302 s 20
;
2019 c 446 s 18
;
2016 sp.s. c 29 s 219
;
1997 c 112 s 12
;
1979 ex.s. c 215 s 11
;
1974 ex.s. c 145 s 11
;
1973 1st ex.s. c 142 s 23
.]
NOTES:
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.182
Six-month suspension of right to possess firearms after detention for evaluation and treatment of person who presents likelihood of serious harm as a result of behavioral health disorder, substance use disorder, or both
—
Automatic restoration of right at expiration of six-month period.
(1) A person who under RCW 71.05.150
or
71.05.153
has been detained at a facility for a period of not more than one hundred twenty hours for the purpose of evaluation and treatment on the grounds that the person presents a likelihood of serious harm, but who has not been subsequently committed for involuntary treatment under RCW 71.05.240, may not have in his or her possession or control any firearm for a period of six months after the date that the person is detained.
(2) Before the discharge of a person who has been initially detained under RCW 71.05.150
or
71.05.153
on the grounds that the person presents a likelihood of serious harm, but has not been subsequently committed for involuntary treatment under RCW 71.05.240, the designated crisis responder shall inform the person orally and in writing that:
(a) He or she is prohibited from possessing or controlling any firearm for a period of six months;
(b) He or she must immediately surrender, for the six-month period, any concealed pistol license and any firearms that the person possesses or controls to the sheriff of the county or the chief of police of the municipality in which the person is domiciled;
(c) After the six-month suspension, the person's right to control or possess any firearm or concealed pistol license shall be automatically restored, absent further restrictions imposed by other law; and
(d) Upon discharge, the person may petition the superior court to have his or her right to possess a firearm restored before the six-month suspension period has elapsed by following the procedures provided in RCW 9.41.047
(3).
(3) The designated crisis responder shall notify the sheriff of the county or the chief of police of the municipality in which the person is domiciled of the six-month suspension.
(4) A law enforcement agency holding any firearm that has been surrendered pursuant to this section shall, upon the request of the person from whom it was obtained, return the firearm at the expiration of the six-month suspension period, or prior to the expiration of the six-month period if the person's right to possess firearms has been restored by the court under RCW 9.41.047
. The law enforcement agency, prior to returning the firearm, shall verify with the prosecuting attorney's office or designated crisis responders that the person has not been previously or subsequently committed for involuntary treatment under RCW 71.05.240
. The law enforcement agency must comply with the provisions of RCW 9.41.345
when returning a firearm pursuant to this section.
(5) Any firearm surrendered pursuant to this section that remains unclaimed by the lawful owner shall be disposed of in accordance with the law enforcement agency's policies and procedures for the disposal of firearms in police custody.
[
2020 c 302 s 21
;
2019 c 247 s 1
.]
NOTES:
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
RCW 71.05.190
Persons not admitted
—
Transportation
—
Detention of arrested person pending return to custody.
If the person is not approved for admission by a facility providing one hundred twenty hour evaluation and treatment, and the individual has not been arrested, the facility shall furnish transportation, if not otherwise available, for the person to his or her place of residence or other appropriate place. If the individual has been arrested, the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program shall detain the individual for not more than eight hours at the request of the peace officer. The facility shall make reasonable attempts to contact the requesting peace officer during this time to inform the peace officer that the person is not approved for admission in order to enable a peace officer to return to the facility and take the individual back into custody.
[
2020 c 302 s 22
;
2019 c 446 s 17
;
2016 sp.s. c 29 s 220
;
2011 c 305 s 3
;
1997 c 112 s 13
;
1979 ex.s. c 215 s 12
;
1974 ex.s. c 145 s 12
;
1973 1st ex.s. c 142 s 24
.]
NOTES:
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
2011 c 305:
See note following RCW 74.09.295
.
RCW 71.05.195
Not guilty by reason of insanity
—
Detention of persons who have fled from state of origin
—
Probable cause hearing.
(1) A civil commitment may be initiated under the procedures described in RCW 71.05.150
or
71.05.153
for a person who has been found not guilty by reason of insanity in a state other than Washington or a tribe and who has fled from detention, commitment, or conditional release in that state or tribe, on the basis of a request by the state or tribe in which the person was found not guilty by reason of insanity for the person to be detained and transferred back to the custody or care of the requesting state or tribe. A finding of likelihood of serious harm or grave disability is not required for a commitment under this section. The detention may occur at either an evaluation and treatment facility or a state hospital. The petition for 120-hour detention filed by the designated crisis responder must be accompanied by the following documents:
(a) A copy of an order for detention, commitment, or conditional release of the person in a state other than Washington or tribe on the basis of a judgment of not guilty by reason of insanity;
(b) A warrant issued by a magistrate in the state or tribe in which the person was found not guilty by reason of insanity indicating that the person has fled from detention, commitment, or conditional release in that state or tribe and authorizing the detention of the person within the state or tribe in which the person was found not guilty by reason of insanity;
(c) A statement from the executive authority of the state or tribe in which the person was found not guilty by reason of insanity requesting that the person be returned to the requesting state or tribe and agreeing to facilitate the transfer of the person to the requesting state or tribe.
(2) The person shall be entitled to a probable cause hearing within the time limits applicable to other detentions under this chapter and shall be afforded the rights described in this chapter including the right to counsel. At the probable cause hearing, the court shall determine the identity of the person and whether the other requirements of this section are met. If the court so finds, the court may order continued detention in a treatment facility for up to 30 days for the purpose of the transfer of the person to the custody or care of the requesting state or tribe. The court may order a less restrictive alternative to detention only under conditions which ensure the person's safe transfer to the custody or care of the requesting state or tribe within 30 days without undue risk to the safety of the person or others.
(3) For the purposes of this section, "not guilty by reason of insanity" shall be construed to include any provision of law which is generally equivalent to a finding of criminal insanity within the state of Washington; and "state" shall be construed to mean any state, district, or territory of the United States.
[
2024 c 209 s 15
;
2020 c 302 s 23
;
2016 sp.s. c 29 s 221
;
2010 c 208 s 1
.]
NOTES:
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.201
Petition for initial detention when designated crisis responder does not detain
—
Procedure
—
Court review.
(1) If a designated crisis responder decides not to detain a person for evaluation and treatment under RCW 71.05.150
or
71.05.153
or 48 hours have elapsed since a designated crisis responder received a request for investigation and the designated crisis responder has not taken action to have the person detained, an immediate family member or guardian of the person, or a tribe if the person is a member of such a tribe, may petition the superior court for the person's initial detention.
(2) A petition under this section must be filed within 10 calendar days following the designated crisis responder investigation or the request for a designated crisis responder investigation. If more than 10 days have elapsed, the immediate family member, guardian, conservator, or a tribe if the person is a member of such a tribe, may request a new designated crisis responder investigation.
(3)(a) The petition must be filed in the county in which the designated crisis responder investigation occurred or was requested to occur and must be submitted on forms developed by the administrative office of the courts for this purpose. The petition must be accompanied by a sworn declaration from the petitioner, and other witnesses if desired, describing why the person should be detained for evaluation and treatment. The description of why the person should be detained may contain, but is not limited to, the information identified in RCW 71.05.212
.
(b) The petition must contain:
(i) A description of the relationship between the petitioner and the person; and
(ii) The date on which an investigation was requested from the designated crisis responder.
(4) The court shall, within one judicial day, review the petition to determine whether the petition raises sufficient evidence to support the allegation. If the court so finds, it shall provide a copy of the petition to the designated crisis responder agency with an order for the agency to provide the court, within one judicial day, with a written sworn statement describing the basis for the decision not to seek initial detention and a copy of all information material to the designated crisis responder's current decision.
(5) Following the filing of the petition and before the court reaches a decision, any person, including a mental health professional, may submit a sworn declaration to the court in support of or in opposition to initial detention.
(6) The court shall dismiss the petition at any time if it finds that a designated crisis responder has filed a petition for the person's initial detention under RCW 71.05.150
or
71.05.153
or that the person has voluntarily accepted appropriate treatment.
(7) The court must issue a final ruling on the petition within five judicial days after it is filed. After reviewing all of the information provided to the court, the court may enter an order for initial detention if the court finds that: (a) There is probable cause to support a petition for detention; and (b) the person has refused or failed to accept appropriate evaluation and treatment voluntarily. The court shall transmit its final decision to the petitioner.
(8) If the court enters an order for initial detention, it shall provide the order to the designated crisis responder agency and issue a warrant. The designated crisis responder agency serving the jurisdiction of the court must collaborate and coordinate with law enforcement, including tribal law enforcement, regarding apprehensions and detentions under this subsection, including sharing of information relating to risk and which would assist in locating the person. A person may not be detained to jail pursuant to a warrant issued under this subsection. An order for detention under this section should contain the advisement of rights which the person would receive if the person were detained by a designated crisis responder. An order for initial detention under this section expires 180 days from issuance.
(9) Except as otherwise expressly stated in this chapter, all procedures must be followed as if the order had been entered under RCW 71.05.150
. RCW 71.05.160
does not apply if detention was initiated under the process set forth in this section.
(10) For purposes of this section, "immediate family member" means a spouse, domestic partner, child, stepchild, parent, stepparent, grandparent, or sibling.
[
2024 c 209 s 16
;
2022 c 210 s 8
. Prior:
2020 c 302 s 24
;
2020 c 256 s 304
;
2018 c 291 s 11
;
2017 3rd sp.s. c 14 s 2
; prior:
2016 sp.s. c 29 s 222
;
2016 c 107 s 1
;
2015 c 258 s 2
.]
NOTES:
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective date
—
2017 3rd sp.s. c 14 ss 2 and 4:
"Sections 2 and 4 of this act take effect April 1, 2018." [
2017 3rd sp.s. c 14 s 7
.]
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Short title
—
2015 c 258:
"This act may be known and cited as Joel's Law." [
2015 c 258 s 1
.]
RCW 71.05.203
Notice
—
Petition for detention by family member, guardian, or conservator.
(1) The authority and each behavioral health administrative services organization or agency employing designated crisis responders shall publish information in an easily accessible format describing the process for an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to petition for court review of a detention decision under RCW 71.05.201
.
(2) A designated crisis responder or designated crisis responder agency that receives a request for investigation for possible detention under this chapter must inquire whether the request comes from an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who would be eligible to petition under RCW 71.05.201
. If the designated crisis responder decides not to detain the person for evaluation and treatment under RCW 71.05.150
or
71.05.153
or forty-eight hours have elapsed since the request for investigation was received and the designated crisis responder has not taken action to have the person detained, the designated crisis responder or designated crisis responder agency must inform the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who made the request for investigation about the process to petition for court review under RCW 71.05.201
and, to the extent feasible, provide the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, with written or electronic information about the petition process. Information provided to a federally recognized Indian tribe shall be sent to the tribal contact listed in the authority's tribal crisis coordination plan. If provision of written or electronic information is not feasible, the designated crisis responder or designated crisis responder agency must refer the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to a website where published information on the petition process may be accessed. The designated crisis responder or designated crisis responder agency must document the manner and date on which the information required under this subsection was provided to the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe.
(3) A designated crisis responder or designated crisis responder agency must, upon request, disclose the date of a designated crisis responder investigation under this chapter to an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, of a person to assist in the preparation of a petition under RCW 71.05.201
.
[
2021 c 264 s 5
;
2019 c 325 s 3006
;
2018 c 201 s 3006
;
2017 3rd sp.s. c 14 s 4
; (2017 3rd sp.s. c 14 s 3 expired April 1, 2018);
2016 sp.s. c 29 s 223
;
2015 c 258 s 3
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2017 3rd sp.s. c 14 ss 2 and 4:
See note following RCW 71.05.201
.
Expiration date
—
2017 3rd sp.s. c 14 ss 1 and 3:
See note following RCW 71.05.201
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Short title
—
2015 c 258:
See note following RCW 71.05.201
.
RCW 71.05.210
Evaluation
—
Treatment and care
—
Release or other disposition.
(Effective until July 1, 2026.)
(1) Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program:
(a) Shall, within twenty-four hours of his or her admission or acceptance at the facility, not counting time periods prior to medical clearance, be examined and evaluated by:
(i) One physician, physician assistant, or advanced registered nurse practitioner; and
(ii) One mental health professional. If the person is detained for substance use disorder evaluation and treatment, the person may be examined by a substance use disorder professional instead of a mental health professional; and
(b) Shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.590, or
71.05.217, the individual may refuse psychiatric medications, but may not refuse: (i) Any other medication previously prescribed by a person licensed under Title
18
RCW; or (ii) emergency lifesaving treatment, and the individual shall be informed at an appropriate time of his or her right of such refusal. The person shall be detained up to one hundred twenty hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled. A person who has been detained for one hundred twenty hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.
(2) If, at any time during the involuntary treatment hold and following the initial examination and evaluation, the mental health professional or substance use disorder professional and licensed physician, physician assistant, or psychiatric advanced registered nurse practitioner determine that the initial needs of the person, if detained to an evaluation and treatment facility, would be better served by placement in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, or, if detained to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, would be better served in an evaluation and treatment facility then the person shall be referred to the more appropriate placement for the remainder of the current commitment period without any need for further court review; however, a person may only be referred to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program if there is an available secure withdrawal management and stabilization facility or approved substance use disorder treatment program with adequate space for the person.
(3) An evaluation and treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the designated crisis responder and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
[
2021 c 264 s 6
;
2020 c 302 s 26
; (2020 c 302 s 25 expired January 1, 2021);
2019 c 446 s 8
;
2017 3rd sp.s. c 14 s 15
. Prior:
2016 sp.s. c 29 s 224
;
2016 c 155 s 2
; prior:
2015 c 269 s 7
;
2015 c 250 s 20
;
2009 c 217 s 1
;
2000 c 94 s 6
;
1998 c 297 s 12
;
1997 c 112 s 15
;
1994 sp.s. c 9 s 747
; prior:
1991 c 364 s 11
;
1991 c 105 s 4
;
1989 c 120 s 6
;
1987 c 439 s 2
;
1975 1st ex.s. c 199 s 4
;
1974 ex.s. c 145 s 14
;
1973 1st ex.s. c 142 s 26
.]
NOTES:
Expiration date
—
2021 c 264 ss 1, 3, 6, 8, 10, 14, 31, and 33:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97:
See note following RCW 71.05.150
.
Expiration date
—
2019 c 446 ss 4, 6, 8, 11, 14, 30, 32, 34, 37, 39, and 41:
See note following RCW 71.05.150
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Expiration date
—
2017 3rd sp.s. c 14 ss 9 and 15:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
Findings
—
1991 c 364:
"The legislature finds that the use of alcohol and illicit drugs continues to be a primary crippler of our youth. This translates into incredible costs to individuals, families, and society in terms of traffic fatalities, suicides, criminal activity including homicides, sexual promiscuity, familial incorrigibility, and conduct disorders, and educational fallout. Among children of all socioeconomic groups lower expectations for the future, low motivation and self-esteem, alienation, and depression are associated with alcohol and drug abuse.
Studies reveal that deaths from alcohol and other drug-related injuries rise sharply through adolescence, peaking in the early twenties. But second peak occurs in later life, where it accounts for three times as many deaths from chronic diseases. A young victim's life expectancy is likely to be reduced by an average of twenty-six years.
Yet the cost of treating alcohol and drug addicts can be recouped in the first three years of abstinence in health care savings alone. Public money spent on treatment saves not only the life of the chemical abuser, it makes us safer as individuals, and in the long-run costs less.
The legislature further finds that many children who abuse alcohol and other drugs may not require involuntary treatment, but still are not adequately served. These children remain at risk for future chemical dependency, and may become mentally ill or a juvenile offender or need out-of-home placement. Children placed at risk because of chemical abuse may be better served by the creation of a comprehensive integrated system for children in crisis.
The legislature declares that an emphasis on the treatment of youth will pay the largest dividend in terms of preventable costs to individuals themselves, their families, and to society. The provision of augmented involuntary alcohol treatment services to youths, as well as involuntary treatment for youths addicted by other drugs, is in the interest of the public health and safety." [
1991 c 364 s 7
.]
Construction
—
1991 c 364 ss 7-12:
"The purpose of sections 7 through 12 of this act is solely to provide authority for the involuntary commitment of minors addicted by drugs within available funds and current programs and facilities. Nothing in sections 7 through 12 of this act shall be construed to require the addition of new facilities nor affect the department's authority for the uses of existing programs and facilities authorized by law. Nothing in sections 7 through 12 of this act shall prevent a parent or guardian from requesting the involuntary commitment of a minor through a county designated chemical dependency specialist on an ability to pay basis." [
1991 c 364 s 13
.]
Conflict with federal requirements
—
1991 c 364:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
1991 c 364 s 15
.]
Severability
—
1991 c 105:
See note following RCW 71.05.215
.
PDF
RCW 71.05.210
Evaluation
—
Treatment and care
—
Release or other disposition.
(Effective July 1, 2026, until June 30, 2027.)
(1) Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program:
(a) Shall, within twenty-four hours of his or her admission or acceptance at the facility, not counting time periods prior to medical clearance, be examined and evaluated by:
(i) One physician, physician assistant, or *advanced registered nurse practitioner; and
(ii) One mental health professional. If the person is detained for substance use disorder evaluation and treatment, the person may be examined by a substance use disorder professional instead of a mental health professional; and
(b) Shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.590, or
71.05.217, the individual may refuse psychiatric medications, but may not refuse: (i) Any other medication previously prescribed by a person licensed under Title
18
RCW; or (ii) emergency lifesaving treatment, and the individual shall be informed at an appropriate time of his or her right of such refusal. The person shall be detained up to one hundred twenty hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled. A person who has been detained for one hundred twenty hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.
(2) If, at any time during the involuntary treatment hold and following the initial examination and evaluation, the mental health professional or substance use disorder professional and licensed physician, physician assistant, or psychiatric advanced registered nurse practitioner determine that the initial needs of the person, if detained to an evaluation and treatment facility, would be better served by placement in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, or, if detained to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, would be better served in an evaluation and treatment facility then the person shall be referred to the more appropriate placement for the remainder of the current commitment period without any need for further court review.
(3) An evaluation and treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the designated crisis responder and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
[
2021 c 264 s 7
;
2020 c 302 s 27
; (2020 c 302 s 25 expired January 1, 2021);
2019 c 446 s 9
;
2017 3rd sp.s. c 14 s 16
;
2016 sp.s. c 29 s 225
;
2016 sp.s. c 29 s 224
;
2016 c 155 s 2
. Prior:
2015 c 269 s 7
;
2015 c 250 s 20
;
2009 c 217 s 1
;
2000 c 94 s 6
;
1998 c 297 s 12
;
1997 c 112 s 15
;
1994 sp.s. c 9 s 747
; prior:
1991 c 364 s 11
;
1991 c 105 s 4
;
1989 c 120 s 6
;
1987 c 439 s 2
;
1975 1st ex.s. c 199 s 4
;
1974 ex.s. c 145 s 14
;
1973 1st ex.s. c 142 s 26
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date
—
2021 c 264 ss 2, 4, 7, 9, 11, 15, 32, and 34:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 302 ss 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98:
See note following RCW 71.05.150
.
Effective date
—
2019 c 446 ss 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42:
See note following RCW 71.05.150
.
Effective date
—
2017 3rd sp.s. c 14 ss 10 and 16:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
Findings
—
1991 c 364:
"The legislature finds that the use of alcohol and illicit drugs continues to be a primary crippler of our youth. This translates into incredible costs to individuals, families, and society in terms of traffic fatalities, suicides, criminal activity including homicides, sexual promiscuity, familial incorrigibility, and conduct disorders, and educational fallout. Among children of all socioeconomic groups lower expectations for the future, low motivation and self-esteem, alienation, and depression are associated with alcohol and drug abuse.
Studies reveal that deaths from alcohol and other drug-related injuries rise sharply through adolescence, peaking in the early twenties. But second peak occurs in later life, where it accounts for three times as many deaths from chronic diseases. A young victim's life expectancy is likely to be reduced by an average of twenty-six years.
Yet the cost of treating alcohol and drug addicts can be recouped in the first three years of abstinence in health care savings alone. Public money spent on treatment saves not only the life of the chemical abuser, it makes us safer as individuals, and in the long-run costs less.
The legislature further finds that many children who abuse alcohol and other drugs may not require involuntary treatment, but still are not adequately served. These children remain at risk for future chemical dependency, and may become mentally ill or a juvenile offender or need out-of-home placement. Children placed at risk because of chemical abuse may be better served by the creation of a comprehensive integrated system for children in crisis.
The legislature declares that an emphasis on the treatment of youth will pay the largest dividend in terms of preventable costs to individuals themselves, their families, and to society. The provision of augmented involuntary alcohol treatment services to youths, as well as involuntary treatment for youths addicted by other drugs, is in the interest of the public health and safety." [
1991 c 364 s 7
.]
Construction
—
1991 c 364 ss 7-12:
"The purpose of sections 7 through 12 of this act is solely to provide authority for the involuntary commitment of minors addicted by drugs within available funds and current programs and facilities. Nothing in sections 7 through 12 of this act shall be construed to require the addition of new facilities nor affect the department's authority for the uses of existing programs and facilities authorized by law. Nothing in sections 7 through 12 of this act shall prevent a parent or guardian from requesting the involuntary commitment of a minor through a county designated chemical dependency specialist on an ability to pay basis." [
1991 c 364 s 13
.]
Conflict with federal requirements
—
1991 c 364:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
1991 c 364 s 15
.]
Severability
—
1991 c 105:
See note following RCW 71.05.215
.
PDF
RCW 71.05.210
Evaluation
—
Treatment and care
—
Release or other disposition.
(Effective June 30, 2027.)
(1) Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program:
(a) Shall, within twenty-four hours of his or her admission or acceptance at the facility, not counting time periods prior to medical clearance, be examined and evaluated by:
(i) One physician, physician assistant, or advanced practice registered nurse; and
(ii) One mental health professional. If the person is detained for substance use disorder evaluation and treatment, the person may be examined by a substance use disorder professional instead of a mental health professional; and
(b) Shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.590, or
71.05.217, the individual may refuse psychiatric medications, but may not refuse: (i) Any other medication previously prescribed by a person licensed under Title
18
RCW; or (ii) emergency lifesaving treatment, and the individual shall be informed at an appropriate time of his or her right of such refusal. The person shall be detained up to one hundred twenty hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled. A person who has been detained for one hundred twenty hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.
(2) If, at any time during the involuntary treatment hold and following the initial examination and evaluation, the mental health professional or substance use disorder professional and licensed physician, physician assistant, or psychiatric advanced practice registered nurse determine that the initial needs of the person, if detained to an evaluation and treatment facility, would be better served by placement in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, or, if detained to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, would be better served in an evaluation and treatment facility then the person shall be referred to the more appropriate placement for the remainder of the current commitment period without any need for further court review.
(3) An evaluation and treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the designated crisis responder and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
[
2025 c 58 s 5147
;
2021 c 264 s 7
;
2020 c 302 s 27
; (2020 c 302 s 25 expired January 1, 2021);
2019 c 446 s 9
;
2017 3rd sp.s. c 14 s 16
;
2016 sp.s. c 29 s 225
;
2016 sp.s. c 29 s 224
;
2016 c 155 s 2
. Prior:
2015 c 269 s 7
;
2015 c 250 s 20
;
2009 c 217 s 1
;
2000 c 94 s 6
;
1998 c 297 s 12
;
1997 c 112 s 15
;
1994 sp.s. c 9 s 747
; prior:
1991 c 364 s 11
;
1991 c 105 s 4
;
1989 c 120 s 6
;
1987 c 439 s 2
;
1975 1st ex.s. c 199 s 4
;
1974 ex.s. c 145 s 14
;
1973 1st ex.s. c 142 s 26
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2021 c 264 ss 2, 4, 7, 9, 11, 15, 32, and 34:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 302 ss 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98:
See note following RCW 71.05.150
.
Effective date
—
2019 c 446 ss 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42:
See note following RCW 71.05.150
.
Effective date
—
2017 3rd sp.s. c 14 ss 10 and 16:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
Findings
—
1991 c 364:
"The legislature finds that the use of alcohol and illicit drugs continues to be a primary crippler of our youth. This translates into incredible costs to individuals, families, and society in terms of traffic fatalities, suicides, criminal activity including homicides, sexual promiscuity, familial incorrigibility, and conduct disorders, and educational fallout. Among children of all socioeconomic groups lower expectations for the future, low motivation and self-esteem, alienation, and depression are associated with alcohol and drug abuse.
Studies reveal that deaths from alcohol and other drug-related injuries rise sharply through adolescence, peaking in the early twenties. But second peak occurs in later life, where it accounts for three times as many deaths from chronic diseases. A young victim's life expectancy is likely to be reduced by an average of twenty-six years.
Yet the cost of treating alcohol and drug addicts can be recouped in the first three years of abstinence in health care savings alone. Public money spent on treatment saves not only the life of the chemical abuser, it makes us safer as individuals, and in the long-run costs less.
The legislature further finds that many children who abuse alcohol and other drugs may not require involuntary treatment, but still are not adequately served. These children remain at risk for future chemical dependency, and may become mentally ill or a juvenile offender or need out-of-home placement. Children placed at risk because of chemical abuse may be better served by the creation of a comprehensive integrated system for children in crisis.
The legislature declares that an emphasis on the treatment of youth will pay the largest dividend in terms of preventable costs to individuals themselves, their families, and to society. The provision of augmented involuntary alcohol treatment services to youths, as well as involuntary treatment for youths addicted by other drugs, is in the interest of the public health and safety." [
1991 c 364 s 7
.]
Construction
—
1991 c 364 ss 7-12:
"The purpose of sections 7 through 12 of this act is solely to provide authority for the involuntary commitment of minors addicted by drugs within available funds and current programs and facilities. Nothing in sections 7 through 12 of this act shall be construed to require the addition of new facilities nor affect the department's authority for the uses of existing programs and facilities authorized by law. Nothing in sections 7 through 12 of this act shall prevent a parent or guardian from requesting the involuntary commitment of a minor through a county designated chemical dependency specialist on an ability to pay basis." [
1991 c 364 s 13
.]
Conflict with federal requirements
—
1991 c 364:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
1991 c 364 s 15
.]
Severability
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1991 c 105:
See note following RCW 71.05.215
.