reglab/housing_qa huggingface dataset:
WA Rev Code § 71.28.010 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.28 - Mental Health and Developmental Disabilities Services—Interstate Contracts.|71.28.010 - Contracts by boundary counties or cities therein.

RCW 71.28.010 Contracts by boundary counties or cities therein.Any county, or city within a county which is situated on the state boundaries is authorized to contract for mental health services with a county situated in either the states of Oregon or Idaho, located on the boundaries of such states with the state of Washington.[ 1988 c 176 § 911; 1977 ex.s. c 80 § 44; 1967 c 84 § 1.]NOTES:Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
WA Rev Code § 71.32.010 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.010 - Legislative declaration—Findings.

RCW 71.32.010 Legislative declaration—Findings.(1) The legislature declares that an individual with capacity has the ability to control decisions relating to his or her own behavioral health care. The legislature finds that:(a) Some behavioral health disorders cause individuals to fluctuate between capacity and incapacity;(b) During periods when an individual's capacity is unclear, the individual may be unable to access needed treatment because the individual may be unable to give informed consent;(c) Early treatment may prevent an individual from becoming so ill that involuntary treatment is necessary; and(d) Individuals with behavioral health disorders need some method of expressing their instructions and preferences for treatment and providing advance consent to or refusal of treatment.(2) The legislature recognizes that a mental health advance directive can be an essential tool for an individual to express his or her choices at a time when the effects of a behavioral health disorder have not deprived him or her of the power to express his or her instructions or preferences.(3) The legislature further finds that:(a) A mental health advance directive must provide the individual with a full range of choices;(b) Individuals with behavioral health disorders have varying perspectives on whether they want to be able to revoke a directive during periods of incapacity;(c) For a mental health advance directive to be an effective tool, individuals must be able to choose how they want their directives treated during periods of incapacity; and(d) There must be clear standards so that treatment providers can readily discern an individual's treatment choices.Consequently, the legislature affirms that, pursuant to other provisions of law, a validly executed mental health advance directive is to be respected by agents, guardians, and other surrogate decision makers, health care providers, professional persons, and health care facilities.[ 2021 c 287 § 1; 2003 c 283 § 1.]
WA Rev Code § 71.32.030 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.030 - Construction of definitions.

RCW 71.32.030 Construction of definitions.(1) The definition of informed consent is to be construed to be consistent with that term as it is used in chapter 7.70 RCW.(2) The definitions of mental disorder, behavioral health disorder, mental health professional, and professional person are to be construed to be consistent with those terms as they are defined in RCW 71.05.020.[ 2021 c 287 § 5; 2003 c 283 § 3.]
WA Rev Code § 71.32.040 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.040 - Presumption of capacity.

RCW 71.32.040 Presumption of capacity.For the purposes of this chapter, an adult is presumed to have capacity. A person who is at least 13 years of age but under the age of majority is considered to have capacity for the purpose of executing a mental health advance directive if the person is able to demonstrate that they are capable of making informed decisions related to behavioral health care.[ 2021 c 287 § 6; 2003 c 283 § 4.]
WA Rev Code § 71.32.050 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.050 - Execution of directive—Scope.

RCW 71.32.050 Execution of directive—Scope.(1) A person with capacity may execute a mental health advance directive.(2) A directive executed in accordance with this chapter is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.(3) A directive may include any provision relating to behavioral health treatment or the care of the principal or the principal's personal affairs. Without limitation, a directive may include:(a) The principal's preferences and instructions for behavioral health treatment;(b) Consent to specific types of behavioral health treatment;(c) Refusal to consent to specific types of behavioral health treatment;(d) Consent to admission to and retention in a facility for behavioral health treatment for up to 14 days;(e) Descriptions of situations that may cause the principal to experience a behavioral health crisis;(f) Suggested alternative responses that may supplement or be in lieu of direct behavioral health treatment, such as treatment approaches from other providers;(g) Appointment of an agent pursuant to chapter 11.125 RCW to make behavioral health treatment decisions on the principal's behalf, including authorizing the agent to provide consent on the principal's behalf to voluntary admission to inpatient behavioral health treatment; and(h) The principal's nomination of a guardian or limited guardian as provided in RCW 11.125.080 for consideration by the court if guardianship proceedings are commenced.(4) A directive may be combined with or be independent of a nomination of a guardian or other durable power of attorney under chapter 11.125 RCW, so long as the processes for each are executed in accordance with its own statutes.[ 2021 c 287 § 7; 2016 c 209 § 408; 2003 c 283 § 5.]NOTES:Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.
WA Rev Code § 71.32.060 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.060 - Execution of directive—Elements—Effective date—Expiration.

RCW 71.32.060 Execution of directive—Elements—Effective date—Expiration.(1) A directive shall:(a) Be in writing;(b) Contain language that clearly indicates that the principal intends to create a directive;(c) Be dated and signed by the principal or at the principal's direction in the principal's presence if the principal is unable to sign;(d) Designate whether the principal wishes to be able to revoke the directive during any period of incapacity or wishes to be unable to revoke the directive during any period of incapacity; and(e) Have the signature acknowledged before a notary public or other individual authorized by law to take acknowledgments, or be witnessed in writing by at least two adults, each of whom shall declare that he or she personally knows the principal, was present when the principal dated and signed the directive, and that the principal did not appear to be incapacitated or acting under fraud, undue influence, or duress.(2) A directive that includes the appointment of an agent pursuant to a power of attorney under chapter 11.125 RCW shall contain the words "This power of attorney shall not be affected by the incapacity of the principal," or "This power of attorney shall become effective upon the incapacity of the principal," or similar words showing the principal's intent that the authority conferred shall be exercisable notwithstanding the principal's incapacity.(3) A directive is valid upon execution, but all or part of the directive may take effect at a later time as designated by the principal in the directive.(4) A directive may:(a) Be revoked, in whole or in part, pursuant to the provisions of RCW 71.32.080; or(b) Expire under its own terms.[ 2021 c 287 § 8; 2016 c 209 § 409; 2003 c 283 § 6.]NOTES:Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.
WA Rev Code § 71.32.070 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.070 - Prohibited elements.

RCW 71.32.070 Prohibited elements.A directive may not:(1) Create an entitlement to behavioral health or medical treatment or supersede a determination of medical necessity;(2) Obligate any health care provider, professional person, or health care facility to pay the costs associated with the treatment requested;(3) Obligate any health care provider, professional person, or health care facility to be responsible for the nontreatment personal care of the principal or the principal's personal affairs outside the scope of services the facility normally provides;(4) Replace or supersede the provisions of any will or testamentary document or supersede the provisions of intestate succession;(5) Be revoked by an incapacitated principal unless that principal selected the option to permit revocation while incapacitated at the time his or her directive was executed; or(6) Be used as the authority for inpatient admission for more than 14 days in any 21 day period.[ 2021 c 287 § 9; 2003 c 283 § 7.]
WA Rev Code § 71.32.090 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.090 - Witnesses.

RCW 71.32.090 Witnesses. (Effective until July 1, 2022.)A witness may not be any of the following:(1) A person designated to make health care decisions on the principal's behalf;(2) A health care provider or professional person directly involved with the provision of care to the principal at the time the directive is executed;(3) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in which the principal is a patient or resident;(4) A person who is related by blood, marriage, or adoption to the person or with whom the principal has a dating relationship, as defined in RCW 26.50.010;(5) A person who is declared to be an incapacitated person; or(6) A person who would benefit financially if the principal making the directive undergoes mental health treatment.[ 2003 c 283 § 9.]RCW 71.32.090Witnesses. (Effective July 1, 2022.)A witness may not be any of the following:(1) A person designated to make health care decisions on the principal's behalf;(2) A health care provider or professional person directly involved with the provision of care to the principal at the time the directive is executed;(3) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in which the principal is a patient or resident;(4) A person who is related by blood, marriage, or adoption to the person or with whom the principal has a dating relationship, as defined in RCW 7.105.010;(5) A person who is declared to be an incapacitated person; or(6) A person who would benefit financially if the principal making the directive undergoes mental health treatment.[ 2021 c 215 § 157; 2003 c 283 § 9.]NOTES:Effective date—2021 c 215: See note following RCW 7.105.900.
WA Rev Code § 71.32.100 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.100 - Appointment of agent.

RCW 71.32.100 Appointment of agent.(1) If a directive authorizes the appointment of an agent, the provisions of chapter 11.125 RCW and RCW 7.70.065 shall apply unless otherwise stated in this chapter.(2) The principal who appoints an agent must notify the agent in writing of the appointment.(3) An agent must act in good faith.(4) An agent may make decisions on behalf of the principal. Unless the principal has revoked the directive, the decisions must be consistent with the instructions and preferences the principal has expressed in the directive, or if not expressed, as otherwise known to the agent. If the principal's instructions or preferences are not known, the agent shall make a decision he or she determines is in the best interest of the principal.(5) A person authorized to act as an agent during periods when the principal is incapacitated may act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider. This subsection shall be construed to be consistent with chapters 70.02, 70.24, 71.05, and 71.34 RCW, and with federal law regarding health care information.(6) Unless otherwise provided in the appointment and agreed to in writing by the agent, the agent is not, as a result of acting in the capacity of agent, personally liable for the cost of treatment provided to the principal.(7) An agent may resign or withdraw at any time by giving written notice to the principal. The agent must also give written notice to any health care provider, professional person, or health care facility providing treatment to the principal. The resignation or withdrawal is effective upon receipt unless otherwise specified in the resignation or withdrawal.(8) If the directive gives the agent authority to act while the principal has capacity, the decisions of the principal supersede those of the agent at any time the principal has capacity.(9) An agent's authority terminates when an action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation, or an action is filed for dissolution or annulment of the agent's state registered domestic partnership with the principal or for their legal separation.(10) Unless otherwise provided in the durable power of attorney, the principal may revoke the agent's appointment as provided under other state law.[ 2021 c 287 § 10; 2016 c 209 § 410; 2003 c 283 § 10.]NOTES:Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.
WA Rev Code § 71.32.110 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.110 - Determination of capacity.

RCW 71.32.110 Determination of capacity.(1) For the purposes of this chapter, a principal, agent, professional person, or health care provider may seek a determination whether the principal is incapacitated or has regained capacity.(2)(a) For the purposes of this chapter, no adult may be declared an incapacitated person except by:(i) A court, if the request is made by the principal or the principal's agent;(ii) One mental health professional or substance use disorder professional and one health care provider; or(iii) Two health care providers.(b) One of the persons making the determination under (a)(ii) or (iii) of this subsection must be a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, or a psychiatric advanced registered nurse practitioner.(3) When a professional person or health care provider requests a capacity determination, he or she shall promptly inform the principal that:(a) A request for capacity determination has been made; and(b) The principal may request that the determination be made by a court.(4) At least one mental health professional, substance use disorder professional, or health care provider must personally examine the principal prior to making a capacity determination.(5)(a) When a court makes a determination whether a principal has capacity, the court shall, at a minimum, be informed by the testimony of one mental health professional or substance use disorder professional familiar with the principal and shall, except for good cause, give the principal an opportunity to appear in court prior to the court making its determination.(b) To the extent that local court rules permit, any party or witness may testify telephonically.(6) When a court has made a determination regarding a principal's capacity and there is a subsequent change in the principal's condition, subsequent determinations whether the principal is incapacitated may be made in accordance with any of the provisions of subsection (2) of this section.[ 2021 c 287 § 11; 2016 c 155 § 13; 2003 c 283 § 11.]
WA Rev Code § 71.32.120 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.120 - Action to contest directive.

RCW 71.32.120 Action to contest directive.A principal may bring an action to contest the validity of his or her directive. If an action under this section is commenced while an action to determine the principal's capacity is pending, the court shall consolidate the actions and decide the issues simultaneously.[ 2003 c 283 § 12.]
WA Rev Code § 71.32.130 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.130 - Determination of capacity—Reevaluations of capacity.

RCW 71.32.130 Determination of capacity—Reevaluations of capacity.(1) An initial determination of capacity must be completed within 48 hours of a request made by a person authorized in RCW 71.32.110. During the period between the request for an initial determination of the principal's capacity and completion of that determination, the principal may not be treated unless he or she consents at the time or treatment is otherwise authorized by state or federal law.(2)(a)(i) When an incapacitated principal is admitted to inpatient treatment pursuant to the provisions of his or her directive, his or her capacity must be reevaluated within 120 hours or when there has been a change in the principal's condition that indicates that he or she appears to have regained capacity, whichever occurs first.(ii) When an incapacitated principal has been admitted to and remains in inpatient treatment for more than 120 hours pursuant to the provisions of his or her directive, the principal's capacity must be reevaluated when there has been a change in his or her condition that indicates that he or she appears to have regained capacity.(iii) When a principal who is being treated on an inpatient basis and has been determined to be incapacitated requests, or his or her agent requests, a redetermination of the principal's capacity the redetermination must be made within 120 hours.(b) When a principal who has been determined to be incapacitated is being treated on an outpatient basis and there is a request for a redetermination of his or her capacity, the redetermination must be made within five days of the first request following a determination.(3)(a) When a principal who has appointed an agent for behavioral health treatment decisions requests a determination or redetermination of capacity, the agent must make reasonable efforts to obtain the determination or redetermination.(b) When a principal who does not have an agent for behavioral health treatment decisions is being treated in an inpatient facility and requests a determination or redetermination of capacity, the mental health professional or health care provider must complete the determination or, if the principal is seeking a determination from a court, must make reasonable efforts to notify the person authorized to make decisions for the principal under RCW 7.70.065 of the principal's request.(c) When a principal who does not have an agent for behavioral health treatment decisions is being treated on an outpatient basis, the person requesting a capacity determination must arrange for the determination.(4) If no determination has been made within the time frames established in subsection (1) or (2) of this section, the principal shall be considered to have capacity.(5) When an incapacitated principal is being treated pursuant to his or her directive, a request for a redetermination of capacity does not prevent treatment.[ 2021 c 287 § 12; 2003 c 283 § 13.]
WA Rev Code § 71.32.160 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.160 - Electroconvulsive therapy.

RCW 71.32.160 Electroconvulsive therapy.Where a principal consents in a directive to electroconvulsive therapy, the health care provider, professional person, or health care facility, or persons acting under the direction of the health care provider, professional person, or health care facility, shall document the therapy and the reason it was used in the principal's medical record.[ 2003 c 283 § 16.]
WA Rev Code § 71.32.170 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.170 - Providers—Immunity from liability—Conditions.

RCW 71.32.170 Providers—Immunity from liability—Conditions.(1) For the purposes of this section, "provider" means a private or public agency, government entity, health care provider, professional person, health care facility, or person acting under the direction of a health care provider or professional person, health care facility, or long-term care facility.(2) A provider is not subject to civil liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter 18.130 RCW, when in good faith and without negligence:(a) The provider provides treatment to a principal in the absence of actual knowledge of the existence of a directive, or provides treatment pursuant to a directive in the absence of actual knowledge of the revocation of the directive;(b) A health care provider or mental health professional determines that the principal is or is not incapacitated for the purpose of deciding whether to proceed according to a directive, and acts upon that determination;(c) The provider administers or does not administer behavioral health treatment according to the principal's directive in good faith reliance upon the validity of the directive and the directive is subsequently found to be invalid;(d) The provider does not provide treatment according to the directive for one of the reasons authorized under RCW 71.32.150; or(e) The provider provides treatment according to the principal's directive.[ 2021 c 287 § 14; 2003 c 283 § 17.]
WA Rev Code § 71.32.180 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.32 - Mental Health Advance Directives.|71.32.180 - Multiple directives, agents—Effect—Disclosure of court orders.

RCW 71.32.180 Multiple directives, agents—Effect—Disclosure of court orders.(1) Where an incapacitated principal has executed more than one valid directive and has not revoked any of the directives:(a) The directive most recently created shall be treated as the principal's behavioral health treatment preferences and instructions as to any inconsistent or conflicting provisions, unless provided otherwise in either document.(b) Where a directive executed under this chapter is inconsistent with a directive executed under any other chapter, the most recently created directive controls as to the inconsistent provisions.(2) Where an incapacitated principal has appointed more than one agent under chapter 11.125 RCW with authority to make behavioral health treatment decisions, RCW 11.125.400 controls.(3) The treatment provider shall inquire of a principal whether the principal is subject to any court orders that would affect the implementation of his or her directive.[ 2021 c 287 § 15; 2016 c 209 § 411; 2003 c 283 § 18.]NOTES:Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.