reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.680 - Data collection and tracking system for adolescents receiving treatment.

RCW 71.34.680
Data collection and tracking system for adolescents receiving treatment.
The authority shall develop and operate a data collection and tracking system for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670. In implementing this data collection and tracking system, the authority shall, in collaboration with the department of health, collect information from facilities serving adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 including, if possible, the following information:
(1) The names of facilities serving adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670;
(2) The number of adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 who are defined as dependent children under chapter 13.34 RCW;
(3) Demographic information about the adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670;
(4) The diagnosis upon entry for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670;
(5) Length of stay for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670; and
(6) Information related to the discharge summary for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670.
[ 2020 c 185 § 8.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.705 - Evaluation of adolescent brought for immediate inpatient treatment—Considerations.

RCW 71.34.705
Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding:
(a) Historical behavior, including history of one or more violent acts; and
(b) Prior commitments under this chapter.
(2) Credible witnesses may include family members, landlords, neighbors, teachers, school personnel, or others with significant contact and history of involvement with the minor. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the minor, then he or she must provide contact information for any such witness to the prosecutor. The designated crisis responder or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
(3) Symptoms and behavior of the minor which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, when:
(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;
(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the minor; and
(c) Without treatment, the continued deterioration of the minor is probable.
(4) The authority, in consultation with tribes and in coordination with Indian health care providers and the American Indian health commission of Washington state, shall establish written guidelines by June 30, 2022, for conducting culturally appropriate evaluations of American Indians or Alaska Natives.
[ 2021 c 264 § 30; 2020 c 302 § 80.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.706 - Evaluation of adolescent brought for immediate inpatient treatment—Considerations.

RCW 71.34.706
Evaluation of adolescent brought for immediate inpatient treatment—Considerations. (Contingent effective date.)
(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding:
(a) Historical behavior, including history of one or more violent acts; and
(b) Prior commitments under this chapter.
(2) Credible witnesses may include family members, landlords, neighbors, teachers, school personnel, or others with significant contact and history of involvement with the minor. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the minor, then he or she must provide contact information for any such witness to the prosecutor. The designated crisis responder or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
(3) Symptoms and behavior of the minor which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, when:
(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration from safe behavior, or one or more violent acts;
(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the minor; and
(c) Without treatment, the continued deterioration of the minor is probable.
[ 2020 c 302 § 81.]
NOTES:
Contingent effective date—2021 c 264 §§ 27 and 28; 2020 c 302 §§ 64 and 81: See note following RCW 71.34.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.735 - Commitment hearing—Continuance or postponement.

RCW 71.34.735
Commitment hearing—Continuance or postponement.
(1) In any proceeding for involuntary commitment under this chapter, the court may continue or postpone such proceeding for a reasonable time on motion of the respondent for good cause, or on motion of the prosecuting attorney or the attorney general if:
(a) The respondent expressly consents to a continuance or delay and there is a showing of good cause; or
(b) Such continuance is required in the proper administration of justice and the respondent will not be substantially prejudiced in the presentation of the respondent's case.
(2) The court may on its own motion continue the case when required in due administration of justice and when the respondent will not be substantially prejudiced in the presentation of the respondent's case.
(3) The court shall state in any order of continuance or postponement the grounds for the continuance or postponement and whether detention will be extended.
[ 2020 c 302 § 90.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.760 - Placement of minor in state evaluation and treatment facility or substance use disorder treatment program—Placement committee—Facility or program to report to committee.

RCW 71.34.760
Placement of minor in state evaluation and treatment facility or substance use disorder treatment program—Placement committee—Facility or program to report to committee.
(1) If a minor is committed for one hundred eighty-day inpatient treatment and is to be placed in a state-supported program, the director shall accept immediately and place the minor in a state-funded long-term evaluation and treatment facility or state-funded approved substance use disorder treatment program.
(2) The director's placement authority shall be exercised through a designated placement committee appointed by the director and composed of children's mental health specialists and substance use disorder professionals, including at least one child psychiatrist who represents the state-funded, long-term, evaluation and treatment facility for minors and one substance use disorder professional who represents the state-funded approved substance use disorder treatment program. The responsibility of the placement committee will be to:
(a) Make the long-term placement of the minor in the most appropriate, available state-funded evaluation and treatment facility or approved substance use disorder treatment program, having carefully considered factors including the treatment needs of the minor, the most appropriate facility able to respond to the minor's identified treatment needs, the geographic proximity of the facility to the minor's family, the immediate availability of bed space, and the probable impact of the placement on other residents of the facility;
(b) Approve or deny requests from treatment facilities for transfer of a minor to another facility;
(c) Receive and monitor reports required under this section;
(d) Receive and monitor reports of all discharges.
(3) The director may authorize transfer of minors among treatment facilities if the transfer is in the best interests of the minor or due to treatment priorities.
(4) The responsible state-funded evaluation and treatment facility or approved substance use disorder treatment program shall submit a report to the authority's designated placement committee within ninety days of admission and no less than every one hundred eighty days thereafter, setting forth such facts as the authority requires, including the minor's individual treatment plan and progress, recommendations for future treatment, and possible less restrictive treatment.
[ 2019 c 444 § 20; 2018 c 201 § 5019; 2016 sp.s. c 29 § 278; 1985 c 354 § 10. Formerly RCW 71.34.100.]
NOTES:
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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.770 - Release of minor—Conditional release—Discharge.

RCW 71.34.770
Release of minor—Conditional release—Discharge.
(1) The professional person in charge of the inpatient treatment facility may authorize release for the minor under such conditions as appropriate. Conditional release may be revoked pursuant to RCW 71.34.780 if leave conditions are not met or the minor's functioning substantially deteriorates.
(2) Minors may be discharged prior to expiration of the commitment period if the treating physician, physician assistant, psychiatric advanced registered nurse practitioner, or professional person in charge concludes that the minor no longer meets commitment criteria.
[ 2016 c 155 § 22; 2009 c 217 § 19; 1985 c 354 § 12. Formerly RCW 71.34.120.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.790 - Transportation for minors committed to state facility for one hundred eighty-day treatment.

RCW 71.34.790
Transportation for minors committed to state facility for one hundred eighty-day treatment.
Necessary transportation for minors committed to the director under this chapter for one hundred eighty-day treatment shall be provided by the authority in the most appropriate and cost-effective means.
[ 2018 c 201 § 5022; 1985 c 354 § 15. Formerly RCW 71.34.150.]
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 71.34 - Behavioral Health Services for Minors. › 71.34.795 - Transferring or moving persons from juvenile correctional institutions or facilities to evaluation and treatment facilities.

RCW 71.34.795
Transferring or moving persons from juvenile correctional institutions or facilities to evaluation and treatment facilities.
When in the judgment of the department of children, youth, and families the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates that the person be transferred or moved for observation, diagnosis, or treatment to an evaluation and treatment facility, the secretary of children, youth, and families or the secretary's designee is authorized to order and effect such move or transfer for a period of up to fourteen days, provided that the secretary notifies the original committing court of the transfer and the evaluation and treatment facility is in agreement with the transfer. No person committed to or confined in any state juvenile correctional institution or facility may be transferred to an evaluation and treatment facility for more than fourteen days unless that person has been admitted as a voluntary patient or committed for one hundred eighty-day treatment under this chapter or ninety-day treatment under chapter 71.05 RCW if eighteen years of age or older. Underlying jurisdiction of minors transferred or committed under this section remains with the state correctional institution. A voluntary admitted minor or minors committed under this section and no longer meeting the criteria for one hundred eighty-day commitment shall be returned to the state correctional institution to serve the remaining time of the underlying dispositional order or sentence. The time spent by the minor at the evaluation and treatment facility shall be credited towards the minor's juvenile court sentence.
[ 2017 3rd sp.s. c 6 § 725; 1985 c 354 § 19. Formerly RCW 71.34.180.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.796 - Transfer of person committed to juvenile correction institution to institution or facility for juveniles with behavioral health disorders.

RCW 71.34.796
Transfer of person committed to juvenile correction institution to institution or facility for juveniles with behavioral health disorders.
When, in the judgment of the department of social and health services, the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates that such a person be transferred or moved for observation, diagnosis or treatment to any state institution or facility for the care of juveniles with behavioral health disorders the secretary of the department of social and health services, or his or her designee, is authorized to order and effect such move or transfer: PROVIDED, HOWEVER, That the secretary of the department of social and health services shall adopt and implement procedures to assure that persons so transferred shall, while detained or confined in such institution or facility for the care of juveniles with behavioral health disorders, be provided with substantially similar opportunities for parole or early release evaluation and determination as persons detained or confined in state juvenile correctional institutions or facilities: PROVIDED, FURTHER, That the secretary of the department of social and health services shall notify the original committing court of such transfer.
[ 2020 c 302 § 51; 2018 c 201 § 3024; 1997 c 112 § 36; 1975 1st ex.s. c 199 § 12. Formerly RCW 71.05.525.]
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 71.34 - Behavioral Health Services for Minors. › 71.34.905 - Rule making—Access to files and records of court proceedings.

RCW 71.34.905
Rule making—Access to files and records of court proceedings.
The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish rules regarding access to court records, and respectfully requests the Washington state supreme court to adopt rules regarding potential access for the following entities to the files and records of court proceedings under this chapter and chapter 71.05 RCW:
(1) The department;
(2) The department of health;
(3) The authority;
(4) The state hospitals as defined in RCW 72.23.010;
(5) Any person who is the subject of a petition;
(6) The attorney or guardian of the person;
(7) Resource management services for that person; and
(8) Service providers authorized to receive such information by resource management services.
[ 2020 c 302 § 99.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.910 - Appearance by video technology.

RCW 71.34.910
Appearance by video technology.
For purposes of this chapter, at any hearing the petitioner, the respondent, the witnesses, the interpreters, and the presiding judicial officer may be present and participate either in person or by video, as determined by the court. The term "video" as used in this section includes any functional equivalent. At any hearing conducted by video, the technology used must permit the judicial officer, counsel, all parties, and the witnesses to be able to see, hear, and speak, when authorized, during the hearing; to allow attorneys to use exhibits or other materials during the hearing; and to allow the respondent's counsel to be in the same location as the respondent unless otherwise requested by the respondent or the respondent's counsel. Witnesses in a proceeding may also appear in court through other means, including telephonically, pursuant to the requirements of superior court civil rule 43. Notwithstanding the foregoing, the court, upon its own motion or upon a motion for good cause by any party, may require all parties and witnesses to participate in the hearing in person rather than by video. In ruling on any such motion, the court may allow in-person or video testimony; and the court may consider, among other things, whether the respondent's alleged behavioral health disorder affects the respondent's ability to perceive or participate in the proceeding by video.
[ 2020 c 302 § 100.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.915 - Authority outreach—Law and policy communication—Accessibility.

RCW 71.34.915
Authority outreach—Law and policy communication—Accessibility.
The authority shall dedicate at least one full-time employee to:
(1) Connecting families, behavioral health providers, educators, and other stakeholders with current information about law and policy related to behavioral health services for minors;
(2) Creating shareable content appropriate for communicating policy and resources related to behavioral health services for minors;
(3) Designing and maintaining a communications plan related to behavioral health services for minors involving social media and other forms of direct outreach to providers, families, and youth; and
(4) Monitoring the health care authority website to make sure that the information included on the website is accurate and designed in a manner that is accessible to families.
[ 2022 c 134 § 1.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.34 - Behavioral Health Services for Minors. › 71.34.918 - Authority outreach—Parent portal—Report to legislature.

RCW 71.34.918
Authority outreach—Parent portal—Report to legislature.
(1) The authority shall convene stakeholders to design, further define, and implement a parent portal. The authority shall work with stakeholders including Washington state community connectors and consider the website prototype already under development by that organization. The stakeholders convened must additionally include other parents and young adults with relevant lived experience.
(2) As used in this section, "parent portal" means a method for connecting families to their community's service and education infrastructure related to behavioral health services for minors, including services supported or provided by:
(a) A behavioral health provider as defined in RCW 71.24.025 that provides services to minors;
(b) A licensed or certified behavioral health agency as defined in RCW 71.24.025 that provides behavioral health services to minors;
(c) A long-term care facility as defined in RCW 43.190.020 in which minors with behavioral health conditions reside;
(d) The child study and treatment center as identified in RCW 71.34.380;
(e) A facility or agency that receives state funding to provide behavioral health treatment services to minors with a behavioral health condition;
(f) The department of children, youth, and families;
(g) The office of the superintendent of public instruction; and
(h) The department.
(3) By November 1, 2022, the authority shall provide a report to the governor and the appropriate committees of the legislature detailing:
(a) The stakeholder engagement conducted under this section;
(b) The design and further definition of the parent portal; and
(c) Other relevant information about successfully implementing the parent portal, including needed legislative changes or support.
[ 2022 c 134 § 2.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.36 - Coordination of Children's Mental Health Services. › 71.36.005 - Intent.

RCW 71.36.005
Intent.
The legislature intends to substantially improve the delivery of children's mental health services in Washington state through the development and implementation of a children's mental health system that:
(1) Values early identification, intervention, and prevention;
(2) Coordinates existing categorical children's mental health programs and funding, through efforts that include elimination of duplicative care plans and case management;
(3) Treats each child in the context of his or her family, and provides services and supports needed to maintain a child with his or her family and community;
(4) Integrates families into treatment through choice of treatment, participation in treatment, and provision of peer support;
(5) Focuses on resiliency and recovery;
(6) Relies to a greater extent on evidence-based practices;
(7) Is sensitive to the unique cultural circumstances of children of color and children in families whose primary language is not English;
(8) Integrates educational support services that address students' diverse learning styles; and
(9) To the greatest extent possible, blends categorical funding to offer more service and support options to each child.
[ 2007 c 359 § 1; 1991 c 326 § 11.]
NOTES:
Captions not law—2007 c 359: "Captions used in this act are not part of the law." [ 2007 c 359 § 14.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.36 - Coordination of Children's Mental Health Services. › 71.36.040 - Issue identification, data collection, plan revision—Coordination and information sharing with other state agencies.

RCW 71.36.040
Issue identification, data collection, plan revision—Coordination and information sharing with other state agencies.
(1) The health care authority shall, within available funds:
(a) Identify internal business operation issues that limit the authority's ability to meet legislative intent to coordinate existing categorical children's mental health programs and funding;
(b) Collect reliable mental health cost, service, and outcome data specific to children. This information must be used to identify best practices and methods of improving fiscal management;
(c) Revise the early and periodic screening diagnosis and treatment plan to reflect the mental health system structure in place as necessary to conform to changes in the structure.
(2) The health care authority and the office of the superintendent of public instruction shall jointly identify school districts where mental health and education systems coordinate services and resources to provide public mental health care for children. The health care authority and the office of the superintendent of public instruction shall work together to share information about these approaches with other school districts, managed care organizations, behavioral health administrative services organizations, and state agencies.
[ 2019 c 325 § 2012; 2018 c 201 § 5025; 2014 c 225 § 93; 2003 c 281 § 2.]
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.
Legislative support affirmed—2003 c 281: "The legislature affirms its support for: Improving field-level cross-program collaboration and efficiency; collecting reliable mental health cost, service, and outcome data specific to children; revising the early periodic screening diagnosis and treatment plan to reflect the current mental health system structure; and identifying and promulgating the approaches used in school districts where mental health and education systems coordinate services and resources to provide public mental health care for children." [ 2003 c 281 § 1.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.36 - Coordination of Children's Mental Health Services. › 71.36.060 - Medicaid eligible children in temporary juvenile detention.

RCW 71.36.060
Medicaid eligible children in temporary juvenile detention.
The health care authority shall explore the feasibility of obtaining a medicaid state plan amendment to allow the state to receive medicaid matching funds for health services provided to medicaid enrolled youth who are temporarily placed in a juvenile detention facility. Temporary placement shall be defined as until adjudication or up to sixty continuous days, whichever occurs first.
[ 2018 c 201 § 5026; 2007 c 359 § 6.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Captions not law—2007 c 359: See note following RCW 71.36.005.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.010 - Findings—Intent.

RCW 71.40.010
Findings—Intent.
(1) The legislature finds that:
(a) According to the federal substance abuse and mental health services administration's 2019 report, one in five adults in the United States will experience some form of mental illness this year and one in thirteen will need substance use disorder treatment;
(b) Fewer than half of all individuals needing behavioral health treatment receive those services;
(c) An untreated behavioral health need can have long-term negative impacts on an individual's health, well-being, and productivity;
(d) The state has made significant investments in the efficacy of the publicly funded behavioral health system and its providers;
(e) Behavioral health parity is required by both state and federal law;
(f) All patients deserve to be treated and cared for with dignity and respect;
(g) Patients often cross local and administrative boundaries when seeking effective behavioral health care;
(h) Individuals with behavioral health needs are disproportionately involved with the criminal justice system; and
(i) Providing robust community-based services can prevent expensive hospitalizations.
(2) The legislature intends to create the state office of the behavioral health consumer advocacy that shall:
(a) Advocate for all patients seeking privately and publicly funded behavioral health services;
(b) Advocate for all patients receiving inpatient behavioral health services from a behavioral health provider or facility;
(c) Assure that patients are afforded all of the rights given to them by state and federal laws;
(d) Maintain independence and be free from all conflicts of interest;
(e) Provide consistent quality services across the state; and
(f) Retain an office within the boundaries of the region served by each behavioral health administrative services organization.
[ 2021 c 202 § 1.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.020 - Definitions.

RCW 71.40.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Behavioral health provider or facility" means:
(a) A behavioral health provider, as defined in RCW 71.24.025, to the extent it provides behavioral health services;
(b) A licensed or certified behavioral health agency, as defined in RCW 71.24.025;
(c) A long-term care facility, as defined in RCW 43.190.020, in which adults or children with behavioral health conditions reside;
(d) A state hospital, as defined in RCW 72.23.010; or
(e) A facility or agency that receives funds from the state to provide behavioral health treatment services to adults or children with a behavioral health condition.
(2) "Contracting advocacy organization" means the organization selected by the office pursuant to RCW 71.40.030.
(3) "Department" means the department of commerce.
(4) "Office" means the state office of behavioral health consumer advocacy.
[ 2021 c 202 § 2.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.030 - Office created—Rules.

RCW 71.40.030
Office created—Rules.
(1) By July 1, 2022, the department shall establish the state office of behavioral health consumer advocacy to provide behavioral health consumer advocacy services to patients, residents, and clients of behavioral health providers or facilities. Prior to the establishment and operation of the office, the department shall solicit recommendations from members of the behavioral health community for options to rename the office and the certified behavioral health consumer advocates in a way that shows respect for the community that the office and the advocates serve. Prior to the office beginning operations, the department must rename the office and the certified behavioral health consumer advocates from the options proposed by the community. The department shall contract with a private nonprofit organization to provide behavioral health consumer advocacy services, according to the standards established by the office. The department shall assure all program and staff support necessary to enable the contracting advocacy organization to effectively protect the interests of persons with behavioral health needs in accordance with this chapter. The department shall select the organization through a competitive bidding process and shall assure that the selected organization (a) has demonstrated financial stability and meets the qualifications for the duties identified in this chapter, and (b) does not have any conflicts of interest that would interfere with the duties identified in this chapter. The department shall encourage persons who have lived experience with behavioral health conditions or who are a family member of a person with behavioral health conditions to apply.
(2) Following the selection of the organization to carry out the ministerial functions of the office, the department shall not initiate the procurement of a new contract except upon a showing of cause. Prior to ending the contract and conducting a new competitive bidding process, the department shall provide an opportunity for comment by the contracting advocacy organization and to appeal the reselection to the department.
(3) The office shall adopt rules to carry out the purposes of this chapter, including:
(a) Establishing standards for the contracting advocacy organization to use when certifying behavioral health consumer advocates;
(b) Establishing procedures consistent with chapter 202, Laws of 2021 for appropriate access by behavioral health consumer advocates to behavioral health providers or facilities; and
(c) Establishing procedures consistent with RCW 71.40.140 to protect the confidentiality of the records of patients, residents, clients, providers, and complainants.
[ 2021 c 202 § 3.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.050 - Duties of certified behavioral health consumer advocates.

RCW 71.40.050
Duties of certified behavioral health consumer advocates.
(1) A certified behavioral health consumer advocate shall:
(a) Identify, investigate, and resolve complaints made by, or on behalf of, patients, residents, and clients of behavioral health providers or facilities relating to administrative action, inaction, or decisions that may adversely affect the health, safety, welfare, and rights of these individuals;
(b) Assist and advocate on behalf of patients, residents, and clients of behavioral health providers or facilities before government agencies and seek administrative, legal, and other remedies on their behalf, if appropriate;
(c) Inform patients, residents, and clients or their representatives about applicable patient and resident rights, and provide information, as appropriate, to patients, residents, clients, family members, guardians, resident representatives, and others regarding the rights of patients and residents;
(d) Make recommendations through the office and the contracting advocacy organization for improvements to the quality of services provided to patients, residents, and clients of behavioral health providers or facilities; and
(e) With the consent of the patient, resident, or client, involve family members, friends, or other designated individuals in the process of resolving complaints.
(2) Nothing in this section shall be construed to grant a certified behavioral health consumer advocate:
(a) Statutory or regulatory licensing or sanctioning authority; or
(b) Binding adjudicative authority.
[ 2021 c 202 § 5.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.060 - Collaboration with department of social and health services.

RCW 71.40.060
Collaboration with department of social and health services.
(1) For state hospitals as defined in RCW 72.23.010, the state office of behavioral health consumer advocacy shall work with the department of social and health services to:
(a) Establish specialized training for behavioral health consumer advocates to work with forensic and criminal justice involved populations at the state hospitals;
(b) Create procedures and protocols that ensure that behavioral health consumer advocates have access to all state hospital patients and their families or guardians as needed to perform their duties, including persons who are awaiting admission to the state hospitals while in jail;
(c) Establish guidelines for how the state office of behavioral health consumer advocacy will work and collaborate with existing state employees who serve in an ombuds or advocate role for the state hospitals and ensure all legal requirements for these personnel are maintained; and
(d) Develop a direct reporting structure to the governor's office about any systemic issues that are discovered within the course of the advocates' duties within the state hospitals.
(2) The state office of behavioral health consumer advocacy shall complete this work in collaboration with the department of social and health services by July 1, 2023, and prior to the deployment of behavioral health consumer advocates within the state hospitals.
(3) The state office of behavioral health consumer advocacy shall make strong efforts to encourage individuals with lived experience specific to the state hospitals to undergo training to fulfill behavioral health consumer advocate positions at the state hospitals.
[ 2021 c 202 § 6.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.070 - Access to behavioral health providers and facilities.

RCW 71.40.070
Access to behavioral health providers and facilities.
(1) The certified behavioral health consumer advocates shall have appropriate access to behavioral health providers or facilities to effectively carry out the provisions of this chapter, with provisions made for the privacy of patients, residents, and clients, according to the rules, policies, and procedures developed under RCW 71.40.030.
(2) Nothing in this chapter restricts, limits, or increases any existing right of any organizations or individuals not described in subsection (1) of this section to enter or provide assistance to patients, residents, and clients of behavioral health providers or facilities.
(3) Nothing in this chapter restricts any right or privilege of a patient, resident, or client of a behavioral health provider or facility to receive visitors of their choice.
[ 2021 c 202 § 7.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.080 - Office contact information—Access.

RCW 71.40.080
Office contact information—Access.
(1) Every behavioral health provider or facility shall post in a conspicuous location a notice providing the toll-free phone number and website of the contracting advocacy organization, as well as the name, address, and phone number of the office of the appropriate local behavioral health consumer advocate and a brief description of the services provided by the contracting advocacy organization. The form of the notice must be approved by the office. This information must also be distributed to the patients, residents, and clients of behavioral health providers or facilities, upon application for behavioral health services and upon admission to a behavioral health provider or facility. The information shall also be provided to the family members and legal guardians of the patients, residents, or clients of a behavioral health provider or facility, as allowed by state and federal privacy laws.
(2) Every behavioral health provider or facility must provide access to a free telephone for the express purpose of contacting the contracting advocacy organization.
[ 2021 c 202 § 8.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.090 - Behavioral health consumer advocates—Certification.

RCW 71.40.090
Behavioral health consumer advocates—Certification.
The contracting advocacy organization shall develop and submit, for approval by the office, a process to train and certify all behavioral health consumer advocates, whether paid or volunteer, authorized by this chapter as follows:
(1) Certified behavioral health consumer advocates must have training or experience in the following areas:
(a) Behavioral health and other related social services programs, including behavioral health services for minors;
(b) The legal system, including differences in state or federal law between voluntary and involuntary patients, residents, or clients;
(c) Advocacy and supporting self-advocacy;
(d) Dispute or problem resolution techniques, including investigation, mediation, and negotiation; and
(e) All applicable patient, resident, and client rights established by either state or federal law.
(2) A certified behavioral health consumer advocate may not have been employed by any behavioral health provider or facility within the previous twelve months, except as a certified peer specialist or where prior to July 25, 2021, the person has been employed by a regional behavioral health consumer advocate.
(3) No certified behavioral health consumer advocate or any member of a certified behavioral health consumer advocate's family may have, or have had, within the previous twelve months, any significant ownership or financial interest in the provision of behavioral health services.
[ 2022 c 134 § 5; 2021 c 202 § 9.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.100 - Complaints—Review.

RCW 71.40.100
Complaints—Review.
(1) The contracting advocacy organization shall develop and submit for approval by the office referral procedures for the organization and all certified behavioral health consumer advocates to refer any complaint, in accordance with a mutually established working agreement, to an appropriate state or local government agency. The appropriate agency shall respond to any complaint referred to it by a certified behavioral health consumer advocate, in accordance with a mutually established working agreement.
(2) State agencies shall review a complaint against a behavioral health provider or facility which was referred to it by a certified behavioral health consumer advocate, in accordance with a mutually established working agreement, and shall forward to that certified behavioral health consumer advocate a summary of the results of the review or investigation and action proposed or taken.
(3) State agencies that regulate or contract with behavioral health providers or facilities shall adopt necessary rules to effectively work in coordination with the contracting advocacy organization.
[ 2021 c 202 § 10.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.110 - Working agreements.

RCW 71.40.110
Working agreements.
(1) The contracting advocacy organization shall develop and implement working agreements with the protection and advocacy agency, the long-term care ombuds, the developmental disabilities ombuds, the corrections ombuds, and the children and family ombuds, and work in cooperation to assure efficient, coordinated service.
(2) The contracting advocacy organization shall develop working agreements with each managed care organization, behavioral health administrative services organization, the state psychiatric hospitals, all appropriate state and local agencies, and other such entities as necessary to carry out their duties. Working agreements must include:
(a) The roles of the contracting advocacy organization and the agency or entity in complaint investigations, complaint referral criteria, and a process for sharing information regarding complaint review and investigation, as appropriate; and
(b) Processes and procedures to assure timely and seamless information sharing among all interested parties and that the contracting advocacy organization is responsive to all local information requests.
[ 2021 c 202 § 11.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.120 - Liability—Confidentiality.

RCW 71.40.120
Liability—Confidentiality.
(1) No certified behavioral health consumer advocate is liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee or volunteer of a behavioral health provider or facility, or a patient, resident, or client of a behavioral health provider or facility, for any communication made, or information given or disclosed, to aid the certified behavioral health consumer advocate in carrying out duties and responsibilities under this chapter, unless the same was done maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee or volunteer for other reasons, and shall serve as a defense to any action in libel or slander.
(3) All communications by a certified behavioral health consumer advocate, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged and confidential, subject to the procedures established by the office.
(4) A representative of the contracting advocacy organization is exempt from being required to testify in court as to any confidential matters except upon the express consent of the client, resident, or patient that is subject to the court proceedings, or their representatives, as applicable.
[ 2021 c 202 § 12.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.130 - Intent.

RCW 71.40.130
Intent.
It is the intent of the legislature that:
(1) Regional behavioral health ombuds programs existing prior to chapter 202, Laws of 2021 be integrated into this new statewide program and the ombuds from those programs be assessed and certified by the contracting advocacy organization as behavioral health consumer advocates, and for the state office of behavioral health consumer advocacy to provide the regional behavioral health ombuds programs with any additional training they may need to meet the requirements of RCW 71.40.050;
(2) There shall be a behavioral health consumer advocate office within the boundaries of the region served by each behavioral health administrative services organization;
(3) Federal medicaid requirements be complied with; and
(4) The department annually expend at least the amount expended on regional behavioral health ombuds services prior to July 25, 2021, on the office and for the procurement of services from the contracting advocacy organization under this chapter.
[ 2021 c 202 § 13.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.40 - Office of Behavioral Health Consumer Advocacy. › 71.40.140 - Disclosure of records.

RCW 71.40.140
Disclosure of records.
(1) All records and files of the office, the contracting advocacy organization, and any certified behavioral health consumer advocates related to any complaint or investigation made pursuant to carrying out their duties and the identities of complainants, witnesses, patients, residents, or clients and information that could reasonably identify any of these individuals shall remain confidential unless disclosure is authorized in writing by the subject of the information, or the subject's guardian or legal representative.
(2) No disclosures of records and files related to a complaint or investigation may be made to any organization or individual outside the office or the contracting advocacy organization without the written consent of any named witnesses, complainants, patients, residents, or clients unless the disclosure is made without the identity of any of these individuals and without information that could reasonably identify any of these individuals unless such disclosure is required in carrying out its duties under this chapter.
(3) Notwithstanding subsections (1) and (2) of this section, disclosures of records and files may be made pursuant to a court order.
(4) All disclosures must be compliant with state and federal privacy laws applicable to the type of information that is sought for disclosure.
[ 2021 c 202 § 14.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.98 - Construction. › 71.98.010 - Continuation of existing law.

RCW 71.98.010
Continuation of existing law.
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 1959 c 25 § 71.98.010.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.98 - Construction. › 71.98.020 - Title, chapter, section headings not part of law.

RCW 71.98.020
Title, chapter, section headings not part of law.
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1959 c 25 § 71.98.020.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.98 - Construction. › 71.98.030 - Invalidity of part of title not to affect remainder.

RCW 71.98.030
Invalidity of part of title not to affect remainder.
If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.
[ 1959 c 25 § 71.98.030.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.98 - Construction. › 71.98.050 - Emergency—1959 c 25.

RCW 71.98.050
Emergency—1959 c 25.
This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
[ 1959 c 25 § 71.98.050.]