Title 71 — Title 71 BEHAVIORAL HEALTH
13 chapters · 468 sections in this title.
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 …
RCW 71.34.010 Purpose.
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(1) It is the purpose of this chapter to assure that minors in need of behavioral health care and treatment receive an appropriate continuum of culturally relevant care and treatment, including prevention and early intervention, self-directed care, parent-directed care, and invol…
RCW 71.34.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "23-hour crisis relief center" has the same meaning as provided in RCW 71.24.025.(2) "Admission" or "admit" means a decision by a physician, physician assistant, or ps…
RCW 71.34.300 Evaluation and treatment program for minors—Authority's responsibility.
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The authority is responsible for development and coordination of the evaluation and treatment program for minors and for coordination of evaluation and treatment services and resources with the community behavioral health program required under chapter 71.24 RCW.[ 2019 c 325 s 20…
RCW 71.34.305 Notice to parents, school contacts for referring students to inpatient treatment.
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School district personnel who contact a behavioral health disorder inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with notice of the contact within forty-eight hours.[ 2020 c 302 s 65; 2016 sp.s. c 2…
RCW 71.34.310 Jurisdiction over proceedings under chapter—Venue.
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(1) The superior court has jurisdiction over proceedings under this chapter.(2) A record of all petitions and proceedings under this chapter shall be maintained by the clerk of the superior court in the county in which the petition or proceedings was initiated.(3) Petitions for c…
RCW 71.34.312 Intervention by attorney representing a tribe.
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(1) An attorney representing a federally recognized Indian tribe has the right to intervene at any point in any court proceeding under this chapter involving a member of the tribe.(a) For purposes of this section, "right to intervene" means the right of a tribal attorney to:(i) A…
RCW 71.34.313 Assertion of jurisdiction or authority over tribes prohibited.
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Nothing in this chapter may be read as an assertion of state jurisdiction or regulatory authority over a tribe.[ 2024 c 209 s 4.]
RCW 71.34.315 Mental health commissioners—Authority.
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The judges of the superior court of the county by majority vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135, to perform any or all of the following duties:(1) Receive all applications, petitions, and proceedings filed in the superior court for t…
RCW 71.34.320 Transfer of superior court proceedings to juvenile department.
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For purposes of this chapter, a superior court may transfer proceedings under this chapter to its juvenile department.[ 1985 c 354 s 28. Formerly RCW 71.34.260.]
RCW 71.34.325 Court proceedings under chapter subject to rules of state supreme court.
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Court procedures and proceedings provided for in this chapter shall be in accordance with rules adopted by the supreme court of the state of Washington.[ 1985 c 354 s 24. Formerly RCW 71.34.240.]
RCW 71.34.330 Attorneys appointed for minors—Compensation.
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Attorneys appointed for minors under this chapter shall be compensated for their services as follows:(1) Responsible others shall bear the costs of such legal services if financially able according to standards set by the court of the county in which the proceeding is held.(2) If…
RCW 71.34.335 Court records and files confidential—Availability.
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The records and files maintained in any court proceeding under this chapter are confidential and available only to the minor, the minor's parent, and the minor's attorney. In addition, the court may order the subsequent release or use of these records or files only upon good caus…
RCW 71.34.351 Delivery of minor to treatment facilities.
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A peace officer may take or authorize a minor to be taken into custody and immediately delivered to an appropriate crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substan…
RCW 71.34.355 Rights of minors undergoing treatment—Posting—Waiver—Presumption of incompetency.
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(1) Absent a risk to self or others, minors treated under this chapter have the following rights, which shall be prominently posted in the evaluation and treatment facility:(a) To wear their own clothes and to keep and use personal possessions;(b) To keep and be allowed to spend …
RCW 71.34.356 Possessions of minors undergoing treatment.
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At the time a minor is involuntarily admitted to an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, the professional person in charge or his or her designee shall take reasonable pre…
RCW 71.34.360 No detention of minors after eighteenth birthday—Exceptions.
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No minor received as a voluntary patient or committed under this chapter may be detained after his or her eighteenth birthday unless the person, upon reaching eighteen years of age, has applied for admission to an appropriate evaluation and treatment facility or unless involuntar…
RCW 71.34.365 Release of minor—Requirements.
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(1) If a minor is not accepted for admission or is released by an inpatient evaluation and treatment facility, the facility shall release the minor to the custody of the minor's parent or other responsible person. If not otherwise available, the facility shall furnish transportat…
RCW 71.34.375 Family-initiated treatment—Notice to parents of available treatment options.
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(1) If a parent or guardian, for the purpose of mental health treatment, substance use disorder treatment, or evaluation, brings his or her minor child to an evaluation and treatment facility, a hospital emergency room, an inpatient facility licensed under chapter 72.23 RCW, an i…
RCW 71.34.377 Failure to notify parent or guardian of treatment options—Civil penalty.
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An evaluation and treatment facility that fails to comply with the requirement to provide verbal and written notice to a parent or guardian of a child under RCW 71.34.375 is subject to a civil penalty of one thousand dollars for each failure to provide adequate notice, unless the…
RCW 71.34.379 Notice to parent or guardian—Treatment options—Policy and protocol adoption—Report.
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Facilities licensed under chapter 70.41, 71.12, or 72.23 RCW are required to adopt policies and protocols regarding the notice requirements described in RCW 71.34.375.[ 2019 c 325 s 2004; 2011 c 302 s 5.]Notes:Effective date—2019 c 325: See note following RCW 71.24.011.
RCW 71.34.380 Department, department of health, and authority to adopt rules to effectuate chapter.
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(1) The department, department of health, and the authority shall adopt such rules pursuant to chapter 34.05 RCW as may be necessary to effectuate the intent and purposes of this chapter.(2) The authority shall evaluate the quality, effectiveness, efficiency, and use of services,…
RCW 71.34.385 Uniform application of chapter—Training for designated crisis responders.
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The authority shall ensure that the provisions of this chapter are applied in a consistent and uniform manner. The authority shall also ensure that, to the extent possible within available funds, the designated crisis responders are specifically trained in adolescent mental healt…
RCW 71.34.387 Online training for behavioral health providers—State law and best practices when providing behavioral health services to children, youth, and families.
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Subject to the availability of amounts appropriated for this specific purpose, the authority must provide an online training for behavioral health providers regarding state law and best practices when providing behavioral health services to children, youth, and families. The trai…
RCW 71.34.390 Redirection of Title XIX funds to fund placements within the state.
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For the purpose of encouraging the expansion of existing evaluation and treatment facilities and the creation of new facilities, the authority shall endeavor to redirect federal Title XIX funds which are expended on out-of-state placements to fund placements within the state.[ 20…