reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.845 - Transfer of clients between behavioral health administrative services organizations—Uniform transfer agreement.

RCW 71.24.845
Transfer of clients between behavioral health administrative services organizations—Uniform transfer agreement.
The authority, in consultation with the established behavioral health administrative services organizations, shall develop a uniform transfer agreement to govern the transfer of clients between behavioral health administrative services organizations, taking into account the needs of the regional service area.
[ 2019 c 325 § 1044; 2014 c 225 § 46; 2013 c 230 § 1.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.850 - Regional service areas—Report—Managed care integration.

RCW 71.24.850
Regional service areas—Report—Managed care integration.
(1) By December 1, 2018, the department of social and health services and the authority shall report to the governor and the legislature regarding the preparedness of each regional service area to provide mental health services, chemical dependency services, and medical care services to medicaid clients under a fully integrated managed care health system.
(2) By January 1, 2020, the community behavioral health program must be fully integrated in a managed care health system that provides mental health services, chemical dependency services, and medical care services to medicaid clients.
[ 2018 c 201 § 4060; 2014 c 225 § 8.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.852 - Intensive behavioral health treatment facilities—Resident rights and access to ombuds services—Recommendations to governor and legislature.

RCW 71.24.852
Intensive behavioral health treatment facilities—Resident rights and access to ombuds services—Recommendations to governor and legislature.
By December 1, 2019, the secretary of health, in consultation with the department of social and health services, the department of commerce, the long-term care ombuds, and relevant stakeholders must provide recommendations to the governor and the appropriate committees of the legislature on providing resident rights and access to ombuds services to the residents of the intensive behavioral health treatment facilities.
[ 2019 c 324 § 4.]
NOTES:
Findings—Intent—2019 c 324: See note following RCW 71.24.648.
Mental health drop-in center services pilot program—2019 c 324: See note following RCW 71.24.649.
Report—2019 c 324: See note following RCW 70.38.111.
Recommendations—Residential intensive behavioral health and developmental disability services—2019 c 324: See note following RCW 74.39A.030.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.855 - Finding—Intent—State hospitals.

RCW 71.24.855
Finding—Intent—State hospitals.
The legislature finds that the growing demand for state hospital beds has strained the state's capacity to meet the demand while providing for a sufficient workforce to operate the state hospitals safely. It is the intent of the legislature that the executive and legislative branches work collaboratively to maximize access to, safety of, and the therapeutic role of the state hospitals to best serve patients while ensuring the safety of patients and employees.
[ 2016 sp.s. c 37 § 1.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.861 - Behavioral health system coordination committee.

RCW 71.24.861
Behavioral health system coordination committee.
(1) The legislature finds that ongoing coordination between state agencies, the counties, and the behavioral health administrative services organizations is necessary to coordinate the behavioral health system. To this end, the authority shall establish a committee to meet quarterly to address systemic issues, including but not limited to the data-sharing needs of behavioral health system partners.
(2) The committee established in subsection (1) of this section must be convened by the authority, meet quarterly, and include representatives from:
(a) The authority;
(b) The department of social and health services;
(c) The department;
(d) The office of the governor;
(e) One representative from the behavioral health administrative services organization per regional service area; and
(f) One county representative per regional service area.
[ 2023 c 292 § 3; 2019 c 325 § 1047.]
NOTES:
Findings—Intent—2023 c 292: See note following RCW 74.09.871.
Effective date—2019 c 325: See note following RCW 71.24.011.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.872 - Regulatory parity between primary care and behavioral health care settings—Initial documentation requirements for patients—Administrative burdensomeness.

RCW 71.24.872
Regulatory parity between primary care and behavioral health care settings—Initial documentation requirements for patients—Administrative burdensomeness.
(1) The legislature finds that behavioral health integration requires parity in the approach to regulation between primary care providers and behavioral health agencies.
(2) Neither the authority nor the department may provide initial documentation requirements for patients receiving care in a behavioral health agency, either in contract or rule, which are substantially more administratively burdensome to complete than initial documentation requirements in primary care settings, unless such documentation is required by federal law or to receive federal funds.
[ 2019 c 325 § 5032.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.894 - National 988 system—Department reporting—Audit.

RCW 71.24.894
National 988 system—Department reporting—Audit.
(1) The department and authority shall provide an annual report regarding the usage of the 988 crisis hotline, call outcomes, and the provision of crisis services inclusive of mobile rapid response crisis teams and crisis stabilization services. The report shall be submitted to the governor and the appropriate committees of the legislature each November beginning in 2023. The report shall include information on the fund deposits and expenditures of the account created in RCW 82.86.050.
(2) The department and authority shall coordinate with the department of revenue, and any other agency that is appropriated funding under the account created in RCW 82.86.050, to develop and submit information to the federal communications commission required for the completion of fee accountability reports pursuant to the national suicide hotline designation act of 2020.
(3) The joint legislative audit and review committee shall schedule an audit to begin after the full implementation of chapter 302, Laws of 2021, to provide transparency as to how funds from the statewide 988 behavioral health crisis response and suicide prevention line account have been expended, and to determine whether funds used to provide acute behavioral health, crisis outreach, and stabilization services are being used to supplement services identified as baseline services in the comprehensive analysis provided under RCW 71.24.892, or to supplant baseline services. The committee shall provide a report by November 1, 2027, which includes recommendations as to the adequacy of the funding provided to accomplish the intent of the act and any other recommendations for alteration or improvement.
[ 2021 c 302 § 105.]
NOTES:
Findings—Intent—2021 c 302: See note following RCW 71.24.890.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.896 - National 988 system—Duties owed to public—Independent contractors.

RCW 71.24.896
National 988 system—Duties owed to public—Independent contractors.
(1) When acting in their statutory capacities pursuant to chapter 302, Laws of 2021, the state, department, authority, state 911 coordination office, emergency management division, military department, any other state agency, and their officers, employees, and agents are deemed to be carrying out duties owed to the public in general and not to any individual person or class of persons separate and apart from the public. Nothing contained in chapter 302, Laws of 2021 may be construed to evidence a legislative intent that the duties to be performed by the state, department, authority, state 911 coordination office, emergency management division, military department, any other state agency, and their officers, employees, and agents, as required by chapter 302, Laws of 2021, are owed to any individual person or class of persons separate and apart from the public in general.
(2) Each designated 988 contact hub designated by the department under any contract or agreement pursuant to chapter 302, Laws of 2021 shall be deemed to be an independent contractor, separate and apart from the department and the state.
[ 2023 c 454 § 7; 2021 c 302 § 108.]
NOTES:
Findings—Intent—2021 c 302: See note following RCW 71.24.890.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.899 - National 988 system—Informational materials—Social media campaign.

RCW 71.24.899
National 988 system—Informational materials—Social media campaign.
The department shall develop informational materials and a social media campaign related to the 988 crisis hotline, including call, text, and chat options, and other crisis hotline lines for veterans, American Indians and Alaska Natives, and other populations. The informational materials must include appropriate information for persons seeking services at behavioral health clinics and medical clinics, as well as media audiences and students at K-12 schools and higher education institutions. The department shall make the informational materials available to behavioral health clinics, medical clinics, media, K-12 schools, higher education institutions, and other relevant settings. The informational materials shall be made available to professionals during training in suicide assessment, treatment, and management under RCW 43.70.442. To tailor the messages of the informational materials and the social media campaign, the department must consult with tribes, the American Indian health commission of Washington state, the native and strong lifeline, the Washington state department of veterans affairs, representatives of agricultural communities, and persons with lived experience related to mental health issues, substance use disorder issues, a suicide attempt, or a suicide loss.
[ 2023 c 454 § 3.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.907 - National 988 system—Limitation of liability.

RCW 71.24.907
National 988 system—Limitation of liability.
(1) No act or omission related to the dispatching decisions of any crisis call center staff or designated 988 contact hub staff with endorsed mobile rapid response crisis team and community-based crisis team dispatching responsibilities done or omitted in good faith within the scope of the individual's employment responsibilities with the crisis call center or designated 988 contact hub and in accordance with dispatching procedures adopted both by the behavioral health administrative services organization and the crisis call center or the designated 988 contact hub and approved by the authority shall impose liability upon:
(a) The clinical staff of the crisis call center or designated 988 contact hub or their clinical supervisors;
(b) The crisis call center or designated 988 contact hub or its officers, staff, or employees;
(c) Any member of a mobile rapid response crisis team or community-based crisis team endorsed under RCW 71.24.903;
(d) The certified public safety telecommunicator or the certified public safety telecommunicator's supervisor; or
(e) The public safety answering point or its officers, staff, or employees.
(2) This section shall not apply to any act or omission which constitutes either gross negligence or willful or wanton misconduct.
[ 2023 c 454 § 13.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.908 - Data integration platform to support diversion efforts—Development and implementation—Exempt from public disclosure.

RCW 71.24.908
Data integration platform to support diversion efforts—Development and implementation—Exempt from public disclosure.
(1) The authority must develop and implement a data integration platform by June 30, 2025, to support recovery navigator programs, law enforcement assisted diversion programs, arrest and jail alternative programs, and similar diversion efforts. The data integration platform shall:
(a) Serve as a statewide common database available for tracking diversion efforts across the state;
(b) Serve as a data collection and management tool for practitioners, allowing practitioners to input data and information relating to the utilization and outcomes of pretrial diversions, including whether such diversions were terminated, were successfully completed and resulted in dismissal, or are still ongoing;
(c) Assist in standardizing definitions and practices; and
(d) Track pretrial diversion participants by race, ethnicity, gender, gender expression or identity, disability status, and age.
(2) If possible, the authority must leverage and interact with existing platforms already in use in efforts funded by the authority. The authority must establish a quality assurance process for behavioral health administrative services organizations and employ data validation for fields in the data collection workbook. The authority must engage and consult with the law enforcement assisted diversion national support bureau on data integration approaches, platforms, quality assurance protocols, and validation practices.
(3) Information submitted to the data integration platform is exempt from public disclosure requirements under chapter 42.56 RCW.
[ 2023 sp.s. c 1 § 22.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.910 - Balance billing violations—Discipline.

RCW 71.24.910
Balance billing violations—Discipline.
If the insurance commissioner reports to the department that he or she has cause to believe that a provider licensed under this chapter has engaged in a pattern of violations of RCW 48.49.020 or 48.49.030, and the report is substantiated after investigation, the department may levy a fine upon the provider in an amount not to exceed $1,000 per violation and take other formal or informal disciplinary action as permitted under the authority of the department.
[ 2022 c 263 § 22.]
NOTES:
Effective date—2022 c 263: See note following RCW 43.371.100.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.911 - Statewide behavioral health treatment and recovery support services mapping tool.

RCW 71.24.911
Statewide behavioral health treatment and recovery support services mapping tool.
Subject to funding provided for this specific purpose, the authority must collaborate with the department and the department of social and health services to expand the Washington recovery helpline and the recovery readiness asset tool to provide a dynamically updated statewide behavioral health treatment and recovery support services mapping tool that includes a robust resource database for those seeking services and a referral system to be incorporated within the locator tool to help facilitate the connection between an individual and a facility that is currently accepting new referrals. The tool must include dual interface capability, one for public access and one for internal use and management.
[ 2023 sp.s. c 1 § 28.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.912 - Work group—Systems, policies, and processes related to intake, screening, and assessment for substance use disorders.

RCW 71.24.912
Work group—Systems, policies, and processes related to intake, screening, and assessment for substance use disorders.
(1) The authority shall convene a work group to recommend changes to systems, policies, and processes related to intake, screening, and assessment for substance use disorder services, with the goal to broaden the workforce capable of administering substance use disorder assessments and to make the assessment process as brief as possible, including only what is necessary to manage utilization and initiate care. The assessment shall be low barrier, person-centered, and amenable to administration in diverse health care settings and by a range of health care professionals. The assessment shall consider the person's self-identified needs and preferences when evaluating direction of treatment and may include different components based on the setting, context, and past experience with the client.
(2) The work group must include care providers, payors, people who use drugs, individuals in recovery from substance use disorder, and other individuals recommended by the authority. The work group shall present its recommendations to the governor and appropriate committees of the legislature by December 1, 2024.
[ 2023 sp.s. c 1 § 36.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.915 - Crisis continuum of care forum.

RCW 71.24.915
Crisis continuum of care forum.
Behavioral health administrative services organizations in their role as regional behavioral health system leaders, in partnership with the authority, shall convene an annual crisis continuum of care forum, led by the behavioral health administrative services organizations, with participation from partners serving regional service areas, including managed care organizations, behavioral health providers, mobile rapid response crisis teams, 988 call center hubs, counties, tribes, and other regional partners, to identify and develop collaborative regional-based solutions which may include capital infrastructure requests, local capacity building, or community investments including joint funding opportunities, innovative and scalable pilot initiatives, or other funder and stakeholder partnerships. The authority shall provide funding for this annual crisis continuum of care forum. Behavioral health administrative services organizations and the authority shall jointly submit recommendations, as appropriate, supporting these efforts to the joint legislative executive committee on behavioral health.
[ 2023 c 454 § 12.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.922 - Certified peer specialists—Supervision caseload reduction.

RCW 71.24.922
Certified peer specialists—Supervision caseload reduction.
Behavioral health agencies must reduce the caseload for approved supervisors who are providing supervision to certified peer specialist trainees seeking certification under chapter 18.420 RCW, in accordance with standards established by the *Washington state certified peer specialist advisory committee.
[ 2023 c 469 § 14.]
NOTES:
*Reviser's note: 2023 c 469 § 4, which established the Washington state certified peer specialist advisory committee, was vetoed by the governor.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.924 - Certified peer specialists—Billing.

RCW 71.24.924
Certified peer specialists—Billing.
(1) Beginning January 1, 2027, a person who engages in the practice of peer support services and who bills a health carrier or medical assistance or whose employer bills a health carrier or medical assistance for those services must hold an active credential as a certified peer specialist or certified peer specialist trainee under chapter 18.420 RCW.
(2) A person who is registered as an agency affiliated counselor under chapter 18.19 RCW who engages in the practice of peer support services and whose agency, as defined in RCW 18.19.020, bills medical assistance for those services must hold a certificate as a certified peer specialist or certified peer specialist trainee under chapter 18.420 RCW no later than January 1, 2027.
[ 2023 c 469 § 15.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.28 - 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.32 - Mental Health Advance Directives. › 71.32.090 - Witnesses.

RCW 71.32.090
Witnesses.
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—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.32 - Mental Health Advance Directives. › 71.32.190 - Preexisting, foreign directives—Validity.

RCW 71.32.190
Preexisting, foreign directives—Validity.
(1) Directives validly executed before July 27, 2003, shall be given full force and effect until revoked, superseded, or expired.
(2) A directive validly executed in another political jurisdiction is valid to the extent permitted by Washington state law.
[ 2003 c 283 § 19.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.32 - Mental Health Advance Directives. › 71.32.200 - Fraud, duress, undue influence—Appointment of guardian.

RCW 71.32.200
Fraud, duress, undue influence—Appointment of guardian.
Any person with reasonable cause to believe that a directive has been created or revoked under circumstances amounting to fraud, duress, or undue influence may petition the court for appointment of a guardian for the person or to review the actions of the agent or person alleged to be involved in improper conduct under RCW 11.125.160 or chapter 74.34 RCW.
[ 2021 c 215 § 158; 2016 c 209 § 412; 2003 c 283 § 20.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.32 - Mental Health Advance Directives. › 71.32.210 - Execution of directive not evidence of behavioral health disorder or lack of capacity.

RCW 71.32.210
Execution of directive not evidence of behavioral health disorder or lack of capacity.
The fact that a person has executed a directive does not constitute an indication of behavioral health disorder or that the person is not capable of providing informed consent.
[ 2021 c 287 § 16; 2003 c 283 § 21.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.32 - Mental Health Advance Directives. › 71.32.220 - Requiring directive prohibited.

RCW 71.32.220
Requiring directive prohibited.
A person shall not be required to execute or to refrain from executing a directive, nor shall the existence of a directive be used as a criterion for insurance, as a condition for receiving behavioral or physical health services, or as a condition of admission to or discharge from a health care facility or long-term care facility.
[ 2021 c 287 § 17; 2003 c 283 § 22.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.32 - Mental Health Advance Directives. › 71.32.230 - Coercion, threats prohibited.

RCW 71.32.230
Coercion, threats prohibited.
No person or health care facility may use or threaten abuse, neglect, financial exploitation, or abandonment of the principal, as those terms are defined in RCW 74.34.020, to carry out the directive.
[ 2003 c 283 § 23.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.32 - Mental Health Advance Directives. › 71.32.240 - Other authority not limited.

RCW 71.32.240
Other authority not limited.
A directive does not limit any authority otherwise provided in Title 10, 70, or 71 RCW, or any other applicable state or federal laws to detain a person, take a person into custody, or to admit, retain, or treat a person in a health care facility.
[ 2003 c 283 § 24.]