Title 71 — Title 71 BEHAVIORAL HEALTH
13 chapters · 468 sections in this title.
RCW 71.32.010 Legislative declaration—Findings.
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(1) The legislature declares that an individual with capacity has the ability to control decisions relating to his or her own behavioral health care. The legislature finds that:(a) Some behavioral health disorders cause individuals to fluctuate between capacity and incapacity;(b)…
RCW 71.32.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Adult" means any individual who has attained the age of majority or is an emancipated minor.(2) "Agent" has the same meaning as an attorney-in-fact or agent as provide…
RCW 71.32.030 Construction of definitions.
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(1) The definition of informed consent is to be construed to be consistent with that term as it is used in chapter 7.70 RCW.(2) The definitions of mental disorder, behavioral health disorder, mental health professional, and professional person are to be construed to be consistent…
RCW 71.32.040 Presumption of capacity.
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For the purposes of this chapter, an adult is presumed to have capacity. A person who is at least 13 years of age but under the age of majority is considered to have capacity for the purpose of executing a mental health advance directive if the person is able to demonstrate that …
RCW 71.32.050 Execution of directive—Scope.
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(1) A person with capacity may execute a mental health advance directive.(2) A directive executed in accordance with this chapter is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.(3) A d…
RCW 71.32.060 Execution of directive—Elements—Effective date—Expiration.
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(1) A directive shall:(a) Be in writing;(b) Contain language that clearly indicates that the principal intends to create a directive;(c) Be dated and signed by the principal or at the principal's direction in the principal's presence if the principal is unable to sign;(d) Designa…
RCW 71.32.070 Prohibited elements.
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A directive may not:(1) Create an entitlement to behavioral health or medical treatment or supersede a determination of medical necessity;(2) Obligate any health care provider, professional person, or health care facility to pay the costs associated with the treatment requested;(…
RCW 71.32.080 Revocation—Waiver.
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(1)(a) A principal with capacity may, by written statement by the principal or at the principal's direction in the principal's presence, revoke a directive in whole or in part.(b) An incapacitated principal may revoke a directive only if he or she elected at the time of executing…
RCW 71.32.090 Witnesses.
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A witness may not be any of the following:(1) A person designated to make health care decisions on the principal's behalf;(2) A health care provider or professional person directly involved with the provision of care to the principal at the time the directive is executed;(3) An o…
RCW 71.32.100 Appointment of agent.
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(1) If a directive authorizes the appointment of an agent, the provisions of chapter 11.125 RCW and RCW 7.70.065 shall apply unless otherwise stated in this chapter.(2) The principal who appoints an agent must notify the agent in writing of the appointment.(3) An agent must act i…
RCW 71.32.110 Determination of capacity.
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(1) For the purposes of this chapter, a principal, agent, professional person, or health care provider may seek a determination whether the principal is incapacitated or has regained capacity.(2)(a) For the purposes of this chapter, no adult may be declared an incapacitated perso…
RCW 71.32.120 Action to contest directive.
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A principal may bring an action to contest the validity of his or her directive. If an action under this section is commenced while an action to determine the principal's capacity is pending, the court shall consolidate the actions and decide the issues simultaneously.[ 2003 c 28…
RCW 71.32.130 Determination of capacity—Reevaluations of capacity.
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(1) An initial determination of capacity must be completed within 48 hours of a request made by a person authorized in RCW 71.32.110. During the period between the request for an initial determination of the principal's capacity and completion of that determination, the principal…
RCW 71.32.140 Refusal of admission to inpatient treatment—Effect of directive.
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(1) A principal who:(a) Chose not to be able to revoke his or her directive during any period of incapacity;(b) Consented to voluntary admission to inpatient behavioral health treatment, or authorized an agent to consent on the principal's behalf; and(c) At the time of admission …
RCW 71.32.150 Compliance with directive—Conditions for noncompliance.
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(1) Upon receiving a directive, a health care provider, professional person, or health care facility providing treatment to the principal, or persons acting under the direction of the health care provider, professional person, or health care facility, shall make the directive a p…
RCW 71.32.160 Electroconvulsive therapy.
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Where a principal consents in a directive to electroconvulsive therapy, the health care provider, professional person, or health care facility, or persons acting under the direction of the health care provider, professional person, or health care facility, shall document the ther…
RCW 71.32.170 Providers—Immunity from liability—Conditions.
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(1) For the purposes of this section, "provider" means a private or public agency, government entity, health care provider, professional person, health care facility, or person acting under the direction of a health care provider or professional person, health care facility, or l…
RCW 71.32.180 Multiple directives, agents—Effect—Disclosure of court orders.
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(1) Where an incapacitated principal has executed more than one valid directive and has not revoked any of the directives:(a) The directive most recently created shall be treated as the principal's behavioral health treatment preferences and instructions as to any inconsistent or…
RCW 71.32.190 Preexisting, foreign directives—Validity.
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(1) Directives validly executed before July 27, 2003, shall be given full force and effect until revoked, superseded, or expired.(2) A directive validly executed in another political jurisdiction is valid to the extent permitted by Washington state law.[ 2003 c 283 s 19.]
RCW 71.32.200 Fraud, duress, undue influence—Appointment of guardian.
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Any person with reasonable cause to believe that a directive has been created or revoked under circumstances amounting to fraud, duress, or undue influence may petition the court for appointment of a guardian for the person or to review the actions of the agent or person alleged …
RCW 71.32.210 Execution of directive not evidence of behavioral health disorder or lack of capacity.
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The fact that a person has executed a directive does not constitute an indication of behavioral health disorder or that the person is not capable of providing informed consent.[ 2021 c 287 s 16; 2003 c 283 s 21.]
RCW 71.32.220 Requiring directive prohibited.
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A person shall not be required to execute or to refrain from executing a directive, nor shall the existence of a directive be used as a criterion for insurance, as a condition for receiving behavioral or physical health services, or as a condition of admission to or discharge fro…
RCW 71.32.230 Coercion, threats prohibited.
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No person or health care facility may use or threaten abuse, neglect, financial exploitation, or abandonment of the principal, as those terms are defined in RCW 74.34.020, to carry out the directive.[ 2003 c 283 s 23.]
RCW 71.32.240 Other authority not limited.
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A directive does not limit any authority otherwise provided in Title 10, 70, or 71 RCW, or any other applicable state or federal laws to detain a person, take a person into custody, or to admit, retain, or treat a person in a health care facility.[ 2003 c 283 s 24.]
RCW 71.32.250 Long-term care facility residents—Readmission after inpatient behavioral health treatment—Evaluation, report to legislature.
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(1) If a principal who is a resident of a long-term care facility is admitted to inpatient behavioral health treatment pursuant to his or her directive, the principal shall be allowed to be readmitted to the same long-term care facility as if his or her inpatient admission had be…
RCW 71.32.260 Form.
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The directive shall be in substantially the following form:Mental Health Advance Directive of (client name)With Appointment of (agent name) asAgent for Mental Health Decisions PART I.STATEMENT OF INTENT TO CREATE AMENTAL HEALTH ADVANCE DIRECTIVEI, (Client name), being a person wi…
RCW 71.32.270 Family-initiated treatment.
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Nothing in this chapter restricts the right of a parent to seek behavioral health evaluation and treatment for a nonconsenting adolescent using family-initiated treatment laws under chapter 71.34 RCW.[ 2021 c 287 s 20.]
RCW 71.32.902 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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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 …