Title 71 — Title 71 BEHAVIORAL HEALTH
13 chapters · 468 sections in this title.
RCW 71.09.230 Escorted leave—Rules.
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(1) The secretary is authorized to adopt rules providing for the conditions under which residents will be granted leaves of absence and providing for safeguards to prevent escapes while on leaves of absence. Leaves of absence granted to residents under RCW 71.09.210, however, sha…
RCW 71.09.250 Transition facility—Siting.
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(1)(a) The secretary is authorized to site, construct, occupy, and operate (i) a secure community transition facility on McNeil Island for persons authorized to petition for a less restrictive alternative under RCW 71.09.090(1) and who are conditionally released; and (ii) a speci…
RCW 71.09.252 Transition facilities—Agreements for regional facilities.
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(1) To encourage economies of scale in the siting and operation of secure community transition facilities, the department may enter into an agreement with two or more counties to create a regional secure community transition facility. The agreement must clearly identify the numbe…
RCW 71.09.255 Transition facilities—Incentive grants and payments.
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(1) Upon receiving the notification required by RCW 71.09.250, counties must promptly notify the cities within the county of the maximum number of secure community transition facility beds that may be required and the projected number of beds to be needed in that county.(2) The i…
RCW 71.09.260 Transition facilities not limited to residential neighborhoods.
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The provisions of chapter 12, Laws of 2001 2nd sp. sess. shall not be construed to limit siting of secure community transition facilities to residential neighborhoods.[ 2001 2nd sp.s. c 12 s 206.]Notes:Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following R…
RCW 71.09.265 Transition facilities—Distribution of impact.
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(1) The department shall make reasonable efforts to distribute the impact of the employment, education, and social services needs of the residents of the secure community transition facility established pursuant to RCW 71.09.250(1) among the adjoining counties and not to concentr…
RCW 71.09.275 Transition facility—Transportation of residents.
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(1) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between McNeil Island and the mainland, the department shall:(a) Separate residents from minors and vulnerable adults, e…
RCW 71.09.280 Transition facility—Release to less restrictive placement.
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When considering whether a person civilly committed under this chapter and conditionally released to a secure community transition facility is appropriate for release to a placement that is less restrictive than that facility, the court shall comply with the procedures set forth …
RCW 71.09.285 Transition facility—Siting policy guidelines.
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(1) Except with respect to the secure community transition facility established pursuant to RCW 71.09.250, the secretary shall develop policy guidelines that balance the average response time of emergency services to the general area of a proposed secure community transition faci…
RCW 71.09.290 Other transition facilities—Siting policy guidelines.
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The secretary shall establish policy guidelines for the siting of secure community transition facilities, other than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i), which shall include at least the following minimum requirements:(1) The fo…
RCW 71.09.295 Transition facilities—Security systems.
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(1) Security systems for all secure community transition facilities shall meet the following minimum qualifications:(a) The security panel must be a commercial grade panel with tamper-proof switches and a key-lock to prevent unauthorized access.(b) There must be an emergency elec…
RCW 71.09.300 Transition facilities—Staffing.
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Secure community transition facilities shall meet the following minimum staffing requirements:(1) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation counselor II or have a classification that indicates an eq…
RCW 71.09.305 Transition facility residents—Monitoring, escorting.
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(1) Unless otherwise ordered by the court:(a) Residents of a secure community transition facility shall wear electronic monitoring devices at all times. To the extent that electronic monitoring devices that employ global positioning system technology are available and funds for t…
RCW 71.09.310 Transition facility residents—Mandatory escorts.
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Notwithstanding the provisions of RCW 71.09.305, residents of the secure community transition facility established pursuant to RCW 71.09.250(1) must be escorted at any time the resident leaves the facility.[ 2001 2nd sp.s. c 12 s 218.]Notes:Intent—Severability—Effective dates—200…
RCW 71.09.315 Transition facilities—Public notice, review, and comment.
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(1) Whenever the department operates, or the secretary enters into a contract to operate, a secure community transition facility except the secure community transition facility established pursuant to RCW 71.09.250(1), the secure community transition facility may be operated only…
RCW 71.09.320 Transition facilities—Operational advisory boards.
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(1) The secretary shall develop a process with local governments that allows each community in which a secure community transition facility is located to establish operational advisory boards of at least seven persons for the secure community transition facilities. The department…
RCW 71.09.325 Transition facilities—Conditional release—Reports—Violations.
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(1) The secretary shall adopt a violation reporting policy for persons conditionally released to less restrictive alternative placements. The policy shall require written documentation by the department and service providers of all violations of conditions set by the department, …
RCW 71.09.330 Transition facilities—Contracted operation—Enforcement remedies.
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Whenever the secretary contracts with a provider to operate a secure community transition facility, the secretary shall include in the contract provisions establishing intermediate contract enforcement remedies.[ 2001 2nd sp.s. c 12 s 222.]Notes:Intent—Severability—Effective date…
RCW 71.09.335 Conditional release from total confinement—Community notification.
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A conditional release from a total confinement facility to a less restrictive alternative is a release that subjects the conditionally released person to the registration requirements specified in RCW 9A.44.130 and to community notification under RCW 4.24.550.When a person is con…
RCW 71.09.340 Conditionally released persons—Employment, educational notification.
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An employer who hires a person who has been conditionally released to a less restrictive alternative must notify all other employees of the conditionally released person's status. Notification for conditionally released persons who enroll in an institution of higher education sha…
RCW 71.09.341 Transition facilities—Authority of department—Effect of local regulations.
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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 r…
RCW 71.09.342 Transition facilities—Siting—Local regulations preempted, when—Consideration of public safety measures.
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(1) After October 1, 2002, notwithstanding RCW 36.70A.103 or any other law, this section preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, re…
RCW 71.09.343 Transition facilities—Contract between state and local governments.
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(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 fo…
RCW 71.09.344 Transition facilities—Mitigation agreements.
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(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 perso…
RCW 71.09.345 Alternative placement—Authority of court.
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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-order…
RCW 71.09.350 Examination and treatment only by certified providers—Exceptions.
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(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 cha…
RCW 71.09.360 Treatment of persons on conditional release by certified providers in underserved counties—Notification.
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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 tre…
RCW 71.09.370 Residents in total confinement—State identification cards.
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(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 …
RCW 71.09.800 Rules.
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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; requireme…
RCW 71.09.903 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 …
RCW 71.12.455 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of health.(2) "Elopement" means any situation in which an admitted patient of a private establishment who is cognitively, physically, …
RCW 71.12.460 License to be obtained—Penalty.
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(1) 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…
RCW 71.12.470 License application—Fees.
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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 the…
RCW 71.12.480 Examination before granting license—Inspection and technical assistance to psychiatric hospitals after granting license.
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(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 satisfi…
RCW 71.12.485 Fire protection—Duties of chief of the Washington state patrol.
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Standards for fire protection and the enforcement thereof, with respect to all establishments to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized standards as m…
RCW 71.12.490 Expiration and renewal of license.
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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 a…
RCW 71.12.500 Examination of private establishments.
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The department may at any time examine a licensed private establishment to determine whether it has failed or refused to comply with the requirements of this chapter, the standards or rules adopted under this chapter, or other applicable state or federal statutes or rules regulat…
RCW 71.12.510 Examination and visitation in general.
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The department of health may at any time cause any establishment as defined in this chapter to be visited and examined.[ 2000 c 93 s 26; 1959 c 25 s 71.12.510. Prior: 1949 c 198 s 60; Rem. Supp. 1949 s 6953-59.]
RCW 71.12.520 Scope of examination.
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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 ex…
RCW 71.12.530 Conference with management—Improvement.
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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 e…
RCW 71.12.540 Recommendations to be kept on file—Records of inmates.
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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 d…
RCW 71.12.545 Cease and desist notices—Adjudicative proceedings.
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(1) The department may give written notice to cease and desist to any person whom the department has reason to believe is engaged in the unlicensed operation of a private establishment.(2)(a) Except as otherwise provided in this section, the requirement to cease and desist unlice…
RCW 71.12.550 Local authorities may also prescribe standards.
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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 def…
RCW 71.12.560 Voluntary patients—Receipt authorized—Application—Report.
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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…
RCW 71.12.570 Communications by patients—Rights.
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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 su…
RCW 71.12.590 Revocation of license for noncompliance—Exemption as to Christian Science establishments.
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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 …
RCW 71.12.595 Suspension of license—Noncompliance with support order—Reissuance.
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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 or…
RCW 71.12.640 Prosecuting attorney shall prosecute violations.
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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…
RCW 71.12.670 Licensing, operation, inspection—Adoption of rules.
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The department of health shall adopt rules for the licensing, operation, and inspections of establishments and institutions and the enforcement thereof.[ 2000 c 93 s 28.]
RCW 71.12.680 Pediatric transitional care services—Requirements.
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(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 con…