reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.341 - Transition facilities—Authority of department—Effect of local regulations.

RCW 71.09.341
Transition facilities—Authority of department—Effect of local regulations.
The minimum requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by the department. Nothing in this section is intended to prevent a city or county from adopting development regulations, as defined in RCW 36.70A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340. Regulations that impose requirements more restrictive than those specifically addressed in these sections are void. Nothing in these sections prevents the department from adding requirements to enhance public safety.
[ 2002 c 68 § 7.]
NOTES:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.343 - Transition facilities—Contract between state and local governments.

RCW 71.09.343
Transition facilities—Contract between state and local governments.
(1) At the request of the local government of the city or county in which a secure community transition facility is initially sited after January 1, 2002, the department shall enter into a long-term contract memorializing the agreements between the state and the city or county for the operation of the facility. This contract shall be separate from any contract regarding mitigation due to the facility. The contract shall include a clause that states:
(a) The contract does not obligate the state to continue operating any aspect of the civil commitment program under this chapter;
(b) The operation of any secure community transition facility is contingent upon sufficient appropriation by the legislature. If sufficient funds are not appropriated, the department is not obligated to operate the secure community transition facility and may close it; and
(c) This contract does not obligate the city or county to operate a secure community transition facility.
(2) Any city or county may, at their option, contract with the department to operate a secure community transition facility.
[ 2002 c 68 § 16.]
NOTES:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.344 - Transition facilities—Mitigation agreements.

RCW 71.09.344
Transition facilities—Mitigation agreements.
(1) Subject to funds appropriated by the legislature, the department may enter into negotiation for a mitigation agreement with:
(a) The county and/or city in which a secure community transition facility sited after January 1, 2002, is located;
(b) Each community in which the persons from those facilities will reside or regularly spend time, pursuant to court orders, for regular work or education, or to receive social services, or through which the person or persons will regularly be transported to reach other communities; and
(c) Educational institutions in the communities identified in (a) and (b) of this subsection.
(2) Mitigation agreements are limited to the following:
(a) One-time training for local law enforcement and administrative staff, upon the establishment of a secure community transition facility.
(i) Training between local government staff and the department includes training in coordination, emergency procedures, program and facility information, legal requirements, and resident profiles.
(ii) Reimbursement for training under this subsection is limited to:
(A) The salaries or hourly wages and benefits of those persons who receive training directly from the department; and
(B) Costs associated with preparation for, and delivery of, training to the department or its contracted staff by local government staff or contractors;
(b) Information coordination:
(i) Information coordination includes database infrastructure establishment and programming for the dissemination of information among law enforcement and the department related to facility residents.
(ii) Reimbursement for information coordination is limited to start-up costs;
(c) One-time capital costs:
(i) One-time capital costs are off-site costs associated with the need for increased security in specific locations.
(ii) Reimbursement for one-time capital costs is limited to actual costs; and
(d) Incident response:
(i) Incident response costs are law enforcement and criminal justice costs associated with violations of conditions of release or crimes by residents of the secure community transition facility.
(ii) Reimbursement for incident response does not include private causes of action.
[ 2002 c 68 § 17.]
NOTES:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.345 - Alternative placement—Authority of court.

RCW 71.09.345
Alternative placement—Authority of court.
Nothing in chapter 12, Laws of 2001 2nd sp. sess. shall operate to restrict a court's authority to make less restrictive alternative placements to a committed person's individual residence or to a setting less restrictive than a secure community transition facility. A court-ordered less restrictive alternative placement to a committed person's individual residence is not a less restrictive alternative placement to a secure community transition facility.
[ 2001 2nd sp.s. c 12 § 226.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.350 - Examination and treatment only by certified providers—Exceptions.

RCW 71.09.350
Examination and treatment only by certified providers—Exceptions.
(1) Examinations and treatment of sexually violent predators who are conditionally released to a less restrictive alternative under this chapter shall be conducted only by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court or the department of social and health services finds that: (a) The treatment provider is employed by the department; or (b)(i) all certified sex offender treatment providers or certified affiliate sex offender treatment providers become unavailable to provide treatment within a reasonable geographic distance of the person's home, as determined in rules adopted by the department of social and health services; and (ii) the evaluation and treatment plan comply with the rules adopted by the department of social and health services.
A treatment provider approved by the department of social and health services under (b) of this subsection, who is not certified by the department of health, shall consult with a certified sex offender treatment provider during the person's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified sex offender treatment provider.
(2) A treatment provider, whether or not he or she is employed or approved by the department of social and health services under subsection (1) of this section or otherwise certified, may not perform or provide treatment of sexually violent predators under this section if the treatment provider has been:
(a) Convicted of a sex offense, as defined in RCW 9.94A.030;
(b) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction.
(3) Nothing in this section prohibits a qualified expert from examining or evaluating a sexually violent predator who has been conditionally released for purposes of presenting an opinion in court proceedings.
[ 2009 c 409 § 14; 2004 c 38 § 14; 2001 2nd sp.s. c 12 § 404.]
NOTES:
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.360 - Treatment of persons on conditional release by certified providers in underserved counties—Notification.

RCW 71.09.360
Treatment of persons on conditional release by certified providers in underserved counties—Notification.
To facilitate the equitable geographic distribution of conditional releases under this chapter, the department shall notify the secretary of health, or the secretary's designee, whenever a sex offender treatment provider in an underserved county has been contracted to provide treatment services to persons on conditional release under this chapter, in which case the secretary of health shall waive any fees for the initial issue, renewal, and reissuance of a credential for the provider under chapter 18.155 RCW. An underserved county is any county identified by the department as having an inadequate supply of qualified sex offender treatment providers to achieve equitable geographic distribution of conditional releases under this chapter.
[ 2020 c 266 § 6.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.370 - Residents in total confinement—State identification cards.

RCW 71.09.370
Residents in total confinement—State identification cards.
(1) The department shall enter into a memorandum of understanding with the department of licensing to allow residents in total confinement at the special commitment center to obtain a state identification card through a written identification verification letter completed by the special commitment center and delivered to the department of licensing.
(2) The process shall occur upon the person's initial detention at the special commitment center. The process shall reoccur when the person's state identification card expires.
[ 2021 c 236 § 12.]
NOTES:
Findings—2021 c 236: See note following RCW 71.09.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.800 - Rules.

RCW 71.09.800
Rules.
The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, for the oversight and operation of the program established pursuant to this chapter. Such rules shall include provisions for an annual inspection of the special commitment center; requirements for treatment plans and the retention of records; and guidelines for attorneys to follow when bringing legal materials into secure facilities. Guidelines for attorneys shall not interfere with attorney-client privilege.
[ 2013 c 43 § 2; 2000 c 44 § 1.]
NOTES:
Effective date—2000 c 44: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2000]." [ 2000 c 44 § 2.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 71.09.903
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 159.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.460 - License to be obtained—Penalty.

RCW 71.12.460
License to be obtained—Penalty.
No person, association, county, municipality, public hospital district, or corporation, shall establish or keep, for compensation or hire, an establishment as defined in this chapter without first having obtained a license therefor from the department of health, complied with rules adopted under this chapter, and paid the license fee provided in this chapter. Any person who carries on, conducts, or attempts to carry on or conduct an establishment as defined in this chapter without first having obtained a license from the department of health, as in this chapter provided, is guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. The managing and executive officers of any corporation violating the provisions of this chapter shall be liable under the provisions of this chapter in the same manner and to the same effect as a private individual violating the same.
[ 2001 c 254 § 2; 2000 c 93 § 22; 1989 1st ex.s. c 9 § 226; 1979 c 141 § 133; 1959 c 25 § 71.12.460. Prior: 1949 c 198 § 54; Rem. Supp. 1949 § 6953-53.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.470 - License application—Fees.

RCW 71.12.470
License application—Fees.
Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacities of the buildings for the uses intended, the extent and location of grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information, and in such form, as the department of health requires. The application shall be accompanied by the proper license fee. The amount of the license fee shall be established by the department of health under RCW 43.70.110.
[ 2000 c 93 § 23; 1987 c 75 § 19; 1982 c 201 § 14; 1959 c 25 § 71.12.470. Prior: 1949 c 198 § 56; Rem. Supp. 1949 § 6953-55.]
NOTES:
Savings—1987 c 75: See RCW 43.20B.900.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.480 - Examination before granting license—Inspection and technical assistance to psychiatric hospitals after granting license.

RCW 71.12.480
Examination before granting license—Inspection and technical assistance to psychiatric hospitals after granting license.
(1) The department of health shall not grant any such license until it has made an examination of all phases of the operation of the establishment necessary to determine compliance with rules adopted under this chapter including the premises proposed to be licensed and is satisfied that the premises are substantially as described, and are otherwise fit and suitable for the purposes for which they are designed to be used, and that such license should be granted.
(2) During the first two years of licensure for a new psychiatric hospital or any existing psychiatric hospital that changes ownership after July 1, 2020, the department shall provide technical assistance, perform at least three unannounced inspections, and conduct additional inspections of the hospital as necessary to verify the hospital is complying with the requirements of this chapter.
[ 2020 c 115 § 7; 2000 c 93 § 24; 1989 1st ex.s. c 9 § 227; 1979 c 141 § 134; 1959 c 25 § 71.12.480. Prior: 1949 c 198 § 57; Rem. Supp. 1949 § 6953-56.]
NOTES:
Findings—Intent—Effective date—2020 c 115: See notes following RCW 71.12.700.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.490 - Expiration and renewal of license.

RCW 71.12.490
Expiration and renewal of license.
All licenses issued under the provisions of this chapter shall expire on a date to be set by the department of health. No license issued pursuant to this chapter shall exceed thirty-six months in duration. Application for renewal of the license, accompanied by the necessary fee as established by the department of health under RCW 43.70.110, shall be filed with that department, not less than thirty days prior to its expiration and if application is not so filed, the license shall be automatically canceled.
[ 1989 1st ex.s. c 9 § 229; 1987 c 75 § 20; 1982 c 201 § 15; 1971 ex.s. c 247 § 4; 1959 c 25 § 71.12.490. Prior: 1949 c 198 § 59; Rem. Supp. 1949 § 6953-58.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Savings—1987 c 75: See RCW 43.20B.900.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.500 - Examination of premises as to compliance with the chapter, rules, and license—License changes.

RCW 71.12.500
Examination of premises as to compliance with the chapter, rules, and license—License changes.
The department of health may at any time examine and ascertain how far a licensed establishment is conducted in compliance with this chapter, the rules adopted under this chapter, and the requirements of the license therefor. If the interests of the patients of the establishment so demand, the department may, for just and reasonable cause, suspend, modify, or revoke any such license. RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
[ 2000 c 93 § 25. Prior: 1989 1st ex.s. c 9 § 230; 1989 c 175 § 137; 1979 c 141 § 136; 1959 c 25 § 71.12.500; prior: 1949 c 198 § 58; Rem. Supp. 1949 § 6953-57.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.510 - Examination and visitation in general.

RCW 71.12.510
Examination and visitation in general.
The department of health may at any time cause any establishment as defined in this chapter to be visited and examined.
[ 2000 c 93 § 26; 1959 c 25 § 71.12.510. Prior: 1949 c 198 § 60; Rem. Supp. 1949 § 6953-59.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.520 - Scope of examination.

RCW 71.12.520
Scope of examination.
Each such visit may include an inspection of every part of each establishment. The representatives of the department of health may make an examination of all records, methods of administration, the general and special dietary, the stores and methods of supply, and may cause an examination and diagnosis to be made of any person confined therein. The representatives of the department of health may examine to determine their fitness for their duties the officers, attendants, and other employees, and may talk with any of the patients apart from the officers and attendants.
[ 2000 c 93 § 27; 1989 1st ex.s. c 9 § 231; 1979 c 141 § 137; 1959 c 25 § 71.12.520. Prior: 1949 c 198 § 61; Rem. Supp. 1949 § 6953-60.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.530 - Conference with management—Improvement.

RCW 71.12.530
Conference with management—Improvement.
The representatives of the department of health may, from time to time, at times and places designated by the department, meet the managers or responsible authorities of such establishments in conference, and consider in detail all questions of management and improvement of the establishments, and may send to them, from time to time, written recommendations in regard thereto.
[ 1989 1st ex.s. c 9 § 232; 1979 c 141 § 138; 1959 c 25 § 71.12.530. Prior: 1949 c 198 § 62; Rem. Supp. 1949 § 6953-61.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.540 - Recommendations to be kept on file—Records of inmates.

RCW 71.12.540
Recommendations to be kept on file—Records of inmates.
The authorities of each establishment as defined in this chapter shall place on file in the office of the establishment the recommendations made by the department of health as a result of such visits, for the purpose of consultation by such authorities, and for reference by the department representatives upon their visits. Every such establishment shall keep records of every person admitted thereto as follows and shall furnish to the department, when required, the following data: Name, age, sex, marital status, date of admission, voluntary or other commitment, name of physician, physician assistant, or psychiatric advanced registered nurse practitioner, diagnosis, and date of discharge.
[ 2016 c 155 § 11; 2009 c 217 § 11; 1989 1st ex.s. c 9 § 233; 1979 c 141 § 139; 1959 c 25 § 71.12.540. Prior: 1949 c 198 § 63; Rem. Supp. 1949 § 6953-62.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.550 - Local authorities may also prescribe standards.

RCW 71.12.550
Local authorities may also prescribe standards.
This chapter shall not prevent local authorities of any city, or city and county, within the reasonable exercise of the police power, from adopting rules and regulations, by ordinance or resolution, prescribing standards of sanitation, health and hygiene for establishments as defined in this chapter, which are not in conflict with the provisions of this chapter, and requiring a certificate by the local health officer, that the local health, sanitation and hygiene laws have been complied with before maintaining or conducting any such institution within such city or city and county.
[ 1959 c 25 § 71.12.550. Prior: 1949 c 198 § 64; Rem. Supp. 1949 § 6953-63.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.560 - Voluntary patients—Receipt authorized—Application—Report.

RCW 71.12.560
Voluntary patients—Receipt authorized—Application—Report.
The person in charge of any private institution, hospital, or sanatorium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged may receive therein as a voluntary patient any person suffering from mental illness or derangement who is a suitable person for care and treatment in the institution, hospital, or sanatorium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or sanatorium. At the expiration of fourteen continuous days of treatment of a patient voluntarily committed in a private institution, hospital, or sanatorium, if the period of voluntary commitment is to continue, the person in charge shall forward to the office of the department of social and health services a record of the voluntary patient showing the name, residence, date of birth, sex, place of birth, occupation, social security number, marital status, date of admission to the institution, hospital, or sanatorium, and such other information as may be required by rule of the department of social and health services.
[ 1994 sp.s. c 7 § 441; 1974 ex.s. c 145 § 1; 1973 1st ex.s. c 142 § 1; 1959 c 25 § 71.12.560. Prior: 1949 c 198 § 65; Rem. Supp. 1949 § 6953-64.]
NOTES:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.570 - Communications by patients—Rights.

RCW 71.12.570
Communications by patients—Rights.
No person in an establishment as defined in this chapter shall be restrained from sending written communications of the fact of his or her detention in such establishment to a friend, relative, or other person. The physician in charge of such person and the person in charge of such establishment shall send each such communication to the person to whom it is addressed. All persons in an establishment shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.217 and to voluntarily admitted or committed persons pursuant to RCW 71.05.050 and 71.05.380.
[ 2020 c 302 § 114; 2012 c 117 § 440; 1973 1st ex.s. c 142 § 2; 1959 c 25 § 71.12.570. Prior: 1949 c 198 § 66; Rem. Supp. 1949 § 6953-65.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.590 - Revocation of license for noncompliance—Exemption as to Christian Science establishments.

RCW 71.12.590
Revocation of license for noncompliance—Exemption as to Christian Science establishments.
Failure to comply with any of the provisions of RCW 71.12.550 through 71.12.570 or the requirements of RCW 71.34.375 shall constitute grounds for revocation of license: PROVIDED, HOWEVER, That nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any establishment, as defined in this chapter conducted in accordance with the practice and principles of the body known as Church of Christ, Scientist.
[ 2011 c 302 § 4; 1983 c 3 § 180; 1959 c 25 § 71.12.590. Prior: 1949 c 198 § 68; Rem. Supp. 1949 § 6953-67.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.595 - Suspension of license—Noncompliance with support order—Reissuance.

RCW 71.12.595
Suspension of license—Noncompliance with support order—Reissuance.
The department of health shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of health's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 § 860.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.640 - Prosecuting attorney shall prosecute violations.

RCW 71.12.640
Prosecuting attorney shall prosecute violations.
The prosecuting attorney of every county shall, upon application by the department of social and health services, the department of health, or its authorized representatives, institute and conduct the prosecution of any action brought for the violation within his or her county of any of the provisions of this chapter.
[ 2012 c 117 § 441; 1989 1st ex.s. c 9 § 234; 1979 c 141 § 140; 1959 c 25 § 71.12.640. Prior: 1949 c 198 § 55; Rem. Supp. 1949 § 6953-54.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.670 - Licensing, operation, inspection—Adoption of rules.

RCW 71.12.670
Licensing, operation, inspection—Adoption of rules.
The department of health shall adopt rules for the licensing, operation, and inspections of establishments and institutions and the enforcement thereof.
[ 2000 c 93 § 28.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.680 - Pediatric transitional care services—Requirements.

RCW 71.12.680
Pediatric transitional care services—Requirements.
(1) An establishment providing pediatric transitional care services to drug exposed infants must demonstrate that it is capable of providing services for children who:
(a) Are no more than one year of age;
(b) Have been exposed to drugs before birth;
(c) Require twenty-four hour continuous residential care and skilled nursing services as a result of prenatal substance exposure; and
(d) Are referred to the establishment by the department of social and health services, regional hospitals, and private parties.
(2) After January 1, 2019, no person may operate or maintain an establishment that provides pediatric transitional care services without a license under this chapter.
[ 2017 c 263 § 3.]
NOTES:
Findings—Intent—2017 c 263: See note following RCW 71.12.455.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.682 - Pediatric transitional care services—Rules not considered new service category.

RCW 71.12.682
Pediatric transitional care services—Rules not considered new service category.
For the purposes of this chapter, the rules for pediatric transitional care services are not considered as a new department of social and health services service category.
[ 2017 c 263 § 4.]
NOTES:
Findings—Intent—2017 c 263: See note following RCW 71.12.455.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.686 - Pediatric transitional care services—Duties of the department of social and health services.

RCW 71.12.686
Pediatric transitional care services—Duties of the department of social and health services.
After referral by the department of social and health services of an infant to an establishment approved to provide pediatric transitional care services, the department of social and health services:
(1) Retains primary responsibility for case management and must provide consultation to the establishment regarding all placements and permanency planning issues, including developing a parent-child visitation plan;
(2) Must work with the department and the establishment to identify and implement evidence-based practices that address current and best medical practices and parent participation; and
(3) Work with the establishment to ensure medicaid-eligible services are so billed.
[ 2017 c 263 § 6.]
NOTES:
Findings—Intent—2017 c 263: See note following RCW 71.12.455.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.688 - Pediatric transitional care services—Facilities not subject to construction review.

RCW 71.12.688
Pediatric transitional care services—Facilities not subject to construction review.
Facilities that provide pediatric transitional care services that are in existence on July 23, 2017, are not subject to construction review by the department for initial licensure.
[ 2017 c 263 § 7.]
NOTES:
Findings—Intent—2017 c 263: See note following RCW 71.12.455.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.700 - Psychiatric hospitals—Technical assistance.

RCW 71.12.700
Psychiatric hospitals—Technical assistance.
(1) Any psychiatric hospital may request from the department or the department may offer to any psychiatric hospital technical assistance. The department may not provide technical assistance during an inspection or during the time between when an investigation of a psychiatric hospital has been initiated and when such investigation is resolved.
(2) The department may offer group training to psychiatric hospitals licensed under this chapter.
[ 2020 c 115 § 2.]
NOTES:
Findings—Intent—2020 c 115: "The legislature finds that patients seeking behavioral health care in Washington would benefit from consistent regulatory oversight and transparency about patient outcomes. Current regulatory oversight of psychiatric hospitals licensed under chapter 71.12 RCW needs to be enhanced to protect the health, safety, and well-being of patients seeking behavioral health care in these facilities. Some hospitals have not complied with state licensing requirements. Additional enforcement tools are needed to address noncompliance and protect patients from risk of harm.
The legislature also finds that licensing and enforcement requirements for all health care facility types regulated by the department of health are inconsistent and that patients are not well-served by this inconsistency. Review of the regulatory requirements for all health care facility types, including acute care hospitals, is needed to identify gaps and opportunities to consolidate and standardize requirements. Legislation will be necessary to implement uniform requirements that assure provision of safe, quality care and create consistency and predictability for facilities." [ 2020 c 115 § 1.]
Effective date—2020 c 115: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2020]." [ 2020 c 115 § 9.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.720 - Psychiatric hospitals—Reporting.

RCW 71.12.720
Psychiatric hospitals—Reporting.
(1) Every psychiatric hospital licensed under this chapter shall report to the department every patient elopement and every death that meets the circumstances specified in subsection (2) of this section that occurs on the hospital grounds within three days of the elopement or death to the department's complaint intake system or another reporting mechanism specified by the department in rule.
(2) The patient or staff deaths that must be reported to the department under subsection (1) of this section include the following:
(a) Patient death associated with patient elopement;
(b) Patient suicide;
(c) Patient death associated with medication error;
(d) Patient death associated with a fall;
(e) Patient death associated with the use of physical restraints or bedrails; and
(f) Patient or staff member death resulting from a physical assault.
[ 2020 c 115 § 8.]
NOTES:
Findings—Intent—Effective date—2020 c 115: See notes following RCW 71.12.700.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.730 - Psychiatric hospitals—Managed care organizations.

RCW 71.12.730
Psychiatric hospitals—Managed care organizations.
With respect to a person enrolled in medical assistance under chapter 74.09 RCW, a psychiatric hospital shall make every effort to:
(1) Inform the medicaid managed care organization in which the person is enrolled of the person's discharge or change in care plan on the following timelines:
(a) For an anticipated discharge, no later than 24 hours prior to the known discharge date; or
(b) For all other discharges, including if the person leaves against medical advice, no later than the date of discharge or departure from the facility; and
(2) Engage with medicaid managed care organizations in discharge planning, which includes informing and connecting patients to care management resources at the appropriate managed care organization.
[ 2022 c 215 § 4.]
NOTES:
Finding—Intent—2022 c 215: See note following RCW 70.320.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.740 - Multistate nurse license—Conditions of employment.

RCW 71.12.740
Multistate nurse license—Conditions of employment.
(1) Beginning September 1, 2023, and annually thereafter, individuals that hold a multistate nurse license issued by a state other than Washington and are employed by establishments licensed under this chapter shall complete any demographic data surveys required by the board of nursing in rule as a condition of employment.
(2) Individuals that hold a multistate nurse license issued by a state other than Washington and are employed by establishments licensed under this chapter shall complete the suicide assessment, treatment, and management training required by RCW 43.70.442(5)(a) as a condition of employment.
(3) Establishments licensed under this chapter shall report to the board of nursing, within 30 days of employment, all nurses holding a multistate license issued by a state other than Washington and an attestation that the employees holding a multistate license issued by a state other than Washington have completed the tasks required under this section as a condition of employment.
(4) This section is subject to enforcement by the department.
[ 2023 c 123 § 25.]
NOTES:
Short title—2023 c 123: See RCW 18.80.900.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.12 - Private Establishments. › 71.12.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 71.12.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 160.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.20 - Local Funds for Community Services. › 71.20.100 - Expenditures of county funds subject to county fiscal laws.

RCW 71.20.100
Expenditures of county funds subject to county fiscal laws.
Expenditures of county funds under this chapter shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties.
[ 1967 ex.s. c 110 § 10.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.011 - Short title.

RCW 71.24.011
Short title.
This chapter may be known and cited as the community behavioral health services act.
[ 2019 c 325 § 1001; 2019 c 314 § 24; 1982 c 204 § 1.]
NOTES:
Effective date—2019 c 325: "Except as provided in sections 6005 and 6007 of this act, this act takes effect January 1, 2020." [ 2019 c 325 § 6008.]
Declaration—2019 c 314: See note following RCW 18.22.810.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.030 - Grants, purchasing of services, for community behavioral health programs.

RCW 71.24.030
Grants, purchasing of services, for community behavioral health programs.
The director is authorized to make grants and/or purchase services from counties, combinations of counties, or other entities, to establish and operate community behavioral health programs.
[ 2019 c 325 § 1005; 2018 c 201 § 4003; 2005 c 503 § 3; 2001 c 323 § 9; 1999 c 10 § 3; 1982 c 204 § 6; 1973 1st ex.s. c 155 § 5; 1972 ex.s. c 122 § 30; 1971 ex.s. c 304 § 7; 1967 ex.s. c 111 § 3.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Correction of references—Savings—Severability—2005 c 503: See notes following RCW 71.24.015.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1972 ex.s. c 122: "Chapter 122, Laws of 1972 extraordinary session shall be effective January 1, 1975." [ 1973 c 92 § 1; 1972 ex.s. c 122 § 31.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.062 - Psychiatry consultation line—Implementation.

RCW 71.24.062
Psychiatry consultation line—Implementation.
(1) To the extent that funds are specifically appropriated for this purpose or nonstate funds are available, the authority in collaboration with the University of Washington department of psychiatry and behavioral sciences shall implement a psychiatric consultation call center to provide emergency department providers, primary care providers, and county and municipal correctional facility providers with on-demand access to psychiatric and substance use disorder clinical consultation for adult patients.
(2) When clinically appropriate and technically feasible, the clinical consultation may occur via telemedicine.
(3) Beginning in fiscal year 2021, to the extent that adequate funds are appropriated, the service shall be available seven days a week, twenty-four hours a day.
[ 2020 c 291 § 2.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.063 - Partnership access lines—Psychiatric consultation lines—Data collection.

RCW 71.24.063
Partnership access lines—Psychiatric consultation lines—Data collection.
(1) The University of Washington department of psychiatry and behavioral health sciences shall collect the following information for the partnership access line described in RCW 71.24.061(3)(a)(i), partnership access line for moms described in *RCW 71.24.061(3)(a)(ii)(A), and the psychiatric consultation line described in RCW 71.24.062, in coordination with any hospital that it collaborates with to administer the programs:
(a) The number of individuals served;
(b) Demographic information regarding the individuals served, as available, including the individual's age, gender, and city and county of residence. Demographic information may not include any personally identifiable information;
(c) Demographic information regarding the providers placing the calls, including type of practice, and city and county of practice;
(d) Insurance information, including health plan and carrier, as available;
(e) A description of the resources provided; and
(f) Provider satisfaction.
(2) The University of Washington department of psychiatry and behavioral health sciences shall collect the following information for the program called the partnership access line for kids referral and assistance service described in *RCW 71.24.061(3)(a)(ii)(B), in coordination with any hospital that it collaborates with to administer the program:
(a) The number of individuals served;
(b) Demographic information regarding the individuals served, as available, including the individual's age, gender, and city and county of residence. Demographic information may not include any personally identifiable information;
(c) Demographic information regarding the parents or guardians placing the calls, including family location;
(d) Insurance information, including health plan and carrier, as available;
(e) A description of the resources provided;
(f) Average time frames from receipt of the call to referral for services or resources provided;
(g) The most frequently requested issues that parents and guardians are asking for assistance with;
(h) The most frequently requested issues that families are asking for referral assistance with;
(i) The number of individuals that receive an appointment based on referral assistance; and
(j) Parent or guardian satisfaction.
[ 2020 c 291 § 3.]
NOTES:
*Reviser's note: RCW 71.24.061 was amended by 2021 c 126 § 1, changing subsection (3)(a)(ii)(A) and (B) to subsection (3)(a)(ii) and (iii), respectively. Also, the "partnership access line for kids referral and assistance service" was changed to "mental health referral service for children and teens."
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.066 - Partnership access line pilot programs—Determination to be made permanent—Long-term funding.

RCW 71.24.066
Partnership access line pilot programs—Determination to be made permanent—Long-term funding.
Using data from the reports required in RCW 71.24.061(5), the legislature shall decide whether to make the partnership access line for moms and the partnership access line for kids referral and assistance [service] programs, as described in *RCW 71.24.061(3)(a)(ii), permanent programs. If the legislature decides to make the programs permanent, the programs shall be funded in the same manner as in RCW 71.24.062 beginning July 1, 2021.
[ 2020 c 291 § 5.]
NOTES:
*Reviser's note: RCW 71.24.061 was amended by 2021 c 126 § 1, changing subsection (3)(a)(ii)(A) and (B) to subsection (3)(a)(ii) and (iii), respectively. Also, the "partnership access line for kids referral and assistance service" was changed to "mental health referral service for children and teens."
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.067 - Partnership access lines—Psychiatric consultation lines—Review.

RCW 71.24.067
Partnership access lines—Psychiatric consultation lines—Review.
(1) The joint legislative audit and review committee shall conduct a review, in consultation with the authority, the University of Washington department of psychiatry and behavioral science[s,] and Seattle children's hospital, of the programs as described in RCW 71.24.061(3)(a) and 71.24.062, covering the period from January 1, 2019, through December 30, 2021. The review shall evaluate the programs' success at addressing patients' issues related to access to mental health and substance use disorder services.
(2) The joint legislative audit and review committee shall submit the review, including its findings and recommendations, to the legislature by December 1, 2022.
[ 2020 c 291 § 6.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.24 - Community Behavioral Health Services Act. › 71.24.068 - Telebehavioral health access account.

RCW 71.24.068
Telebehavioral health access account.
The telebehavioral health access account is created in the state treasury. All receipts from collections under RCW 71.24.064 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for supporting telebehavioral health programs identified in RCW 71.24.061(3)(a) and 71.24.062.
[ 2020 c 291 § 7.]