Revised Code of Washington - RCW Title 71 Mental Illness - Chapter 71.05 Mental Illness

71.05.010 Legislative intent
The provisions of this chapter are intended by the legislature: (1) To prevent inappropriate, indefinite commitment of mentally disordered persons and to eliminate legal disabilities ...

71.05.012 Legislative intent and finding
It is the intent of the legislature to enhance continuity of care for persons with serious mental disorders that can be controlled or stabilized in ...

71.05.020 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Admission" or "admit" means a decision by a physician ...

71.05.025 Integration with chapter 71.24 RCW -- Regional support networks
The legislature intends that the procedures and services authorized in this chapter be integrated with those in chapter 71.24 RCW to the maximum extent necessary ...

71.05.026 Regional support networks contracts -- Limitation on state liability
(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the ...

71.05.027 Integrated comprehensive screening and assessment for chemical dependency and mental disorders
(1) Not later than January 1, 2007, all persons providing treatment under this chapter shall also implement the integrated comprehensive screening and assessment process for ...

71.05.030 Commitment laws applicable
Persons suffering from a mental disorder may not be involuntarily committed for treatment of such disorder except pursuant to provisions of this chapter, chapter 10.77 ...

71.05.032 Joinder of petitions for commitment
A petition for commitment under this chapter may be joined with a petition for commitment under chapter 70.96A RCW.[2005 c 504 § 115.]Notes: Findings -- ...

71.05.040 Detention or judicial commitment of persons who are developmentally disabled, impaired by chronic alcoholism or drug abuse, or suffering from dementia
Persons who are developmentally disabled, impaired by chronic alcoholism or drug abuse, or suffering from dementia shall not be detained for evaluation and treatment or ...

71.05.050 Voluntary application for mental health services -- Rights -- Review of condition and status -- Detention -- Person refusing voluntary admission, temporary detention
Nothing in this chapter shall be construed to limit the right of any person to apply voluntarily to any public or private agency or practitioner ...

71.05.100 Financial responsibility
In addition to the responsibility provided for by RCW 43.20B.330, any person, or his or her estate, or his or her spouse, or the parents ...

71.05.110 Compensation of appointed counsel
Attorneys appointed for persons pursuant to this chapter shall be compensated for their services as follows: (1) The person for whom an attorney is appointed ...

71.05.120 Exemptions from liability
(1) No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of ...

71.05.130 Duties of prosecuting attorney and attorney general
In any judicial proceeding for involuntary commitment or detention, or in any proceeding challenging such commitment or detention, the prosecuting attorney for the county in ...

71.05.132 Court-ordered treatment -- Required notifications
When any court orders a person to receive treatment under this chapter, the order shall include a statement that if the person is, or becomes, ...

71.05.135 Mental health commissioners -- Appointment
In each county the superior court may appoint the following persons to assist the superior court in disposing of its business: PROVIDED, That such positions ...

71.05.137 Mental health commissioners -- Authority
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 ...

71.05.140 Records maintained
A record of all applications, petitions, and proceedings under this chapter shall be maintained by the county clerk in which the application, petition, or proceeding ...

71.05.145 Dangerous mentally ill offenders -- Less restrictive alternative
The legislature intends that, when evaluating a person who is identified under RCW 72.09.370(7), the professional person at the evaluation and treatment facility shall, when ...

71.05.150 Detention of mentally disordered persons for evaluation and treatment -- Procedure
(1) When a designated mental health professional receives information alleging that a person, as a result of a mental disorder: (i) Presents a likelihood of ...

71.05.153 Emergent detention of persons with mental disorders -- Procedure
(1) When a designated mental health professional receives information alleging that a person, as the result of a mental disorder, presents an imminent likelihood of ...

71.05.157 Evaluation by designated mental health professional -- When required -- Required notifications
(1) When a designated mental health professional is notified by a jail that a defendant or offender who was subject to a discharge review under ...

71.05.160 Petition for initial detention
Any facility receiving a person pursuant to RCW 71.05.150 or 71.05.153 shall require the designated mental health professional to prepare a petition for initial detention ...

71.05.170 Acceptance of petition -- Notice -- Duty of state hospital
Whenever the *county designated mental health professional petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely ...

71.05.180 Detention period for evaluation and treatment
If the evaluation and treatment facility admits the person, it may detain him or her for evaluation and treatment for a period not to exceed ...

71.05.190 Persons not admitted -- Transportation -- Detention of arrested person pending return to custody
If the person is not approved for admission by a facility providing seventy-two hour evaluation and treatment, and the individual has not been arrested, the ...

71.05.210 Evaluation -- Treatment and care -- Release or other disposition
Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility shall, within twenty-four hours of his or her admission or acceptance ...

71.05.212 Evaluation -- Consideration of information and records
Whenever a *county designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information and ...

71.05.214 Protocols -- Development -- Submission to governor and legislature
The department shall develop statewide protocols to be utilized by professional persons and *county designated mental health professionals in administration of this chapter and chapter ...

71.05.215 Right to refuse antipsychotic medicine -- Rules
(1) A person found to be gravely disabled or presents a likelihood of serious harm as a result of a mental disorder has a right ...

71.05.217 Rights -- Posting of list
Insofar as danger to the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course of treatment, or ...

71.05.220 Property of committed person
At the time a person is involuntarily admitted to an evaluation and treatment facility, the professional person in charge or his or her designee shall ...

71.05.230 Procedures for additional treatment
A person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional days of involuntary intensive treatment or ninety ...

71.05.232 Discharge reviews -- Consultations, notifications required
(1) When a state hospital admits a person for evaluation or treatment under this chapter who has a history of one or more violent acts ...

71.05.235 Examination, evaluation of criminal defendant -- Hearing
(1) If an individual is referred to a designated mental health professional under RCW 10.77.088(1)(b)(i), the designated mental health professional shall examine the individual within ...

71.05.237 Judicial proceedings -- Court to enter findings when recommendations of professional person not followed
In any judicial proceeding in which a professional person has made a recommendation regarding whether an individual should be committed for treatment under this chapter, ...

71.05.240 Petition for involuntary treatment or alternative treatment--Probable cause hearing
If a petition is filed for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment, the court shall hold a probable cause ...

71.05.245 Determination of likelihood of serious harm -- Use of recent history evidence
In making a determination of whether there is a likelihood of serious harm in a hearing conducted under RCW 71.05.240 or 71.05.320, the court shall ...

71.05.260 Release from involuntary intensive treatment -- Exception
(1) Involuntary intensive treatment ordered at the time of the probable cause hearing shall be for no more than fourteen days, and shall terminate sooner ...

71.05.270 Temporary release
Nothing in this chapter shall prohibit the professional person in charge of a treatment facility, or his or her professional designee, from permitting a person ...

71.05.280 Additional confinement -- Grounds
At the expiration of the fourteen-day period of intensive treatment, a person may be confined for further treatment pursuant to RCW 71.05.320 if: (1) Such ...

71.05.285 Additional confinement -- Prior history evidence
In determining whether an inpatient or less restrictive alternative commitment under the process provided in RCW 71.05.280 and *71.05.320(2) is appropriate, great weight shall be ...

71.05.290 Petition for additional confinement -- Affidavit
(1) At any time during a person's fourteen day intensive treatment period, the professional person in charge of a treatment facility or his or her ...

71.05.300 Filing of petition -- Appearance -- Notice -- Advice as to rights -- Appointment of attorney, expert, or professional person
(1) The petition for ninety day treatment shall be filed with the clerk of the superior court at least three days before expiration of the ...

71.05.310 Time for hearing -- Due process -- Jury trial -- Continuation of treatment
The court shall conduct a hearing on the petition for ninety day treatment within five judicial days of the first court appearance after the probable ...

71.05.320 Remand for additional treatment -- Duration -- Committed persons with developmental disabilities -- Grounds -- Hearing
(1) If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven and that the best interests of the person ...

71.05.325 Release -- Authorized leave -- Notice to prosecuting attorney
(1) Before a person committed under grounds set forth in RCW 71.05.280(3) is released because a new petition for involuntary treatment has not been filed ...

71.05.330 Early release -- Notice to court and prosecuting attorney -- Petition for hearing
(1) Nothing in this chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is being ...

71.05.335 Modification of order for inpatient treatment -- Intervention by prosecuting attorney
In any proceeding under this chapter to modify a commitment order of a person committed to inpatient treatment under grounds set forth in RCW 71.05.280(3) ...

71.05.340 Outpatient treatment or care -- Conditional release -- Procedures for revocation
(1)(a) When, in the opinion of the superintendent or the professional person in charge of the hospital or facility providing involuntary treatment, the committed person ...

71.05.350 Assistance to released persons
No indigent patient shall be conditionally released or discharged from involuntary treatment without suitable clothing, and the superintendent of a state hospital shall furnish the ...

71.05.360 Rights of involuntarily detained persons
(1)(a) Every person involuntarily detained or committed under the provisions of this chapter shall be entitled to all the rights set forth in this chapter, ...

71.05.380 Rights of voluntarily committed persons
All persons voluntarily entering or remaining in any facility, institution, or hospital providing evaluation and treatment for mental disorder shall have no less than all ...

71.05.390 Confidential information and records -- Disclosure
Except as provided in this section, RCW 71.05.445, 71.05.630, 70.96A.150, or pursuant to a valid release under RCW 70.02.030, the fact of admission and all ...

71.05.420 Records of disclosure
Except as provided in RCW 71.05.425, when any disclosure of information or records is made as authorized by RCW 71.05.390, the physician in charge of ...

71.05.425 Persons committed following dismissal of sex, violent, or felony harassment offense -- Notification of conditional release, final release, leave, transfer, or escape -- To whom given -- Definitions
(1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before conditional ...

71.05.427 Persons committed following dismissal of sex offense -- Release of information authorized
In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information ...

71.05.440 Action for unauthorized release of confidential information -- Liquidated damages -- Treble damages -- Injunction
Except as provided in RCW 4.24.550, any person may bring an action against an individual who has willfully released confidential information or records concerning him ...

71.05.445 Mental health services information -- Release to department of corrections -- Initial assessment inquiry -- Required notifications -- Rules
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Information related to mental health services" means all ...

71.05.500 Liability of applicant
Any person making or filing an application alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated pursuant to this chapter shall ...

71.05.510 Damages for excessive detention
Any individual who knowingly, wilfully or through gross negligence violates the provisions of this chapter by detaining a person for more than the allowable number ...

71.05.520 Protection of rights -- Staff
The department of social and health services shall have the responsibility to determine whether all rights of individuals recognized and guaranteed by the provisions of ...

71.05.525 Transfer of person committed to juvenile correction institution to institution or facility for mentally ill juveniles
When, in the judgment of the department, the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates ...

71.05.530 Facilities part of comprehensive mental health program
Evaluation and treatment facilities authorized pursuant to this chapter may be part of the comprehensive community mental health services program conducted in counties pursuant to ...

71.05.560 Adoption of rules
The department shall adopt such rules as may be necessary to effectuate the intent and purposes of this chapter, which shall include but not be ...

71.05.5601 Rule making -- Medicaid -- Secretary of corrections -- Secretary of social and health services
See RCW 72.09.380. ...

71.05.5602 Rule making -- Chapter 214, Laws of 1999 -- Secretary of corrections -- Secretary of social and health services
See RCW 72.09.381. ...

71.05.570 Rules of court
The supreme court of the state of Washington shall adopt such rules as it shall deem necessary with respect to the court procedures and proceedings ...

71.05.575 Less restrictive alternative treatment -- Consideration by court
(1) When making a decision under this chapter whether to require a less restrictive alternative treatment, the court shall consider whether it is appropriate to ...

71.05.620 Court files and records closed--Exceptions
The files and records of court proceedings under this chapter and chapters 70.96A, 71.34, and 70.96B RCW shall be closed but shall be accessible to ...

71.05.630 Treatment records -- Confidential -- Release
(1) Except as otherwise provided by law, all treatment records shall remain confidential and may be released only to the persons designated in this section, ...

71.05.640 Treatment records -- Access procedures
(1) Procedures shall be established by resource management services to provide reasonable and timely access to individual treatment records. However, access may not be denied ...

71.05.660 Treatment records -- Privileged communications unaffected
Nothing in this chapter or chapter 70.96A, 71.05, 71.34, or 70.96B RCW shall be construed to interfere with communications between physicians or psychologists and patients ...

71.05.680 Treatment records -- Access under false pretenses, penalty
Any person who requests or obtains confidential information pursuant to RCW 71.05.620 through 71.05.690 under false pretenses shall be guilty of a gross misdemeanor.[2005 c ...

71.05.690 Treatment records -- Rules
The department shall adopt rules to implement RCW 71.05.620 through 71.05.680.[2005 c 504 § 714; 1999 c 13 § 12. Prior: 1989 c 205 § ...

71.05.700 Home visit by designated mental health professional or crisis intervention worker -- Accompaniment by second trained individual
No designated mental health professional or crisis intervention worker shall be required to respond to a private home or other private location to stabilize or ...

71.05.705 Provider of designated mental health professional or crisis outreach services -- Policy for home visits
Each provider of designated mental health professional or crisis outreach services shall maintain a written policy that, at a minimum, describes the organization's plan for ...

71.05.710 Home visit by mental health professional -- Wireless telephone to be provided
Any mental health professional who engages in home visits to clients shall be provided by their employer with a wireless telephone or comparable device for ...

71.05.715 Crisis visit by mental health professional -- Access to information
Any mental health professional who is dispatched on a crisis visit, as described in RCW 71.05.700, shall have prompt access to information about any history ...

71.05.720 Training for community mental health employees
Annually, all community mental health employees who work directly with clients shall be provided with training on safety and violence prevention topics described in RCW ...

71.05.900 Severability -- 1973 1st ex.s. c 142
If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this act, or ...

71.05.910 Construction -- 1973 1st ex.s. c 142
Sections 6 through 63 of this 1973 amendatory act shall constitute a new chapter in Title 71 RCW, and shall be considered the successor to ...

71.05.920 Section headings not part of the law
Section headings as used in sections 6 through 63 of this 1973 amendatory act shall not constitute any part of law.[1973 1st ex.s. c 142 ...

71.05.930 Effective date -- 1973 1st ex.s. c 142
This 1973 amendatory act shall take effect on January 1, 1974.[1973 1st ex.s. c 142 § 67.] ...

71.05.940 Equal application of 1989 c 420 -- Evaluation for developmental disability
The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department on May 13, 1989, who were ...