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71.24.546 | Substance use recovery services plan—Substance use recovery services advisory committee—Rules—Report.(Expires December 31, 2026.) | (1) The authority, in collaboration with the substance use recovery services advisory committee established in subsection (2) of this section, shall establish a substance use recovery services plan. The purpose of the plan is to implement measures to assist persons with substance use disorder in accessing outreach, tre... |
71.24.550 | City, town, or county without facility—Contribution of liquor taxes prerequisite to use of another's facility. | A city, town, or county that does not have its own facility or program for the treatment and rehabilitation of persons with substance use disorders may share in the use of a facility or program maintained by another city or county so long as it contributes no less than two percent of its share of liquor taxes and profi... |
71.24.555 | Liquor taxes and profits—City and county eligibility conditioned. | To be eligible to receive its share of liquor taxes and profits, each city and county shall devote no less than two percent of its share of liquor taxes and profits to the support of a substance use disorder program licensed or certified by the department of health.
[ 2019 c 325 s 1038 ; 2018 c 201 s 4042 ; 2016 sp.s. ... |
71.24.560 | Opioid treatment programs—Pregnant individuals—Information and education. | (1) All approved opioid treatment programs that provide services to individuals who are pregnant are required to disseminate up-to-date and accurate health education information to all their pregnant individuals concerning the effects opioid use and opioid use disorder medication may have on their baby, including the d... |
71.24.565 | Acceptance for approved treatment—Rules. | The director shall adopt and may amend and repeal rules for acceptance of persons into the approved treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactiv... |
71.24.570 | Emergency service patrol—Establishment—Rules. | (1) The state and counties, cities, and other municipalities may establish or contract for emergency service patrols which are to be under the administration of the appropriate jurisdiction. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated.... |
71.24.575 | Criminal laws limitations. | (1) No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being an individual with a substance use disorder, or being found in an intoxicated condition as one of the elements of the offense giving rise to ... |
71.24.580 | Criminal justice treatment account. | (1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for: (a) Substance use disorder treatment and treatment support services for offenders with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed b... |
71.24.585 | Opioid and substance use disorder treatment—State response. | (1)(a) The state of Washington declares that substance use disorders are medical conditions. Substance use disorders should be treated in a manner similar to other medical conditions by using interventions that are supported by evidence, including medications approved by the federal food and drug administration for the... |
71.24.587 | Opioid use disorder treatment—Possession or use of lawfully prescribed medication—Declaration by state. | The state declares that a person lawfully possessing or using lawfully prescribed medication for the treatment of opioid use disorder must be treated the same in judicial and administrative proceedings as a person lawfully possessing or using other lawfully prescribed medications.
[ 2017 c 297 s 13 .]
Findings — Intent... |
71.24.589 | Law enforcement assisted diversion—Grant program. | (1) Subject to funds appropriated by the legislature, the authority shall administer a grant program for law enforcement assisted diversion which shall adhere to law enforcement assisted diversion core principles recognized by the law enforcement assisted diversion national support bureau, the efficacy of which have be... |
71.24.590 | Opioid treatment—Program licensing or certification by department, department duties—Use of medications by program—Definition. | (1) When making a decision on an application for licensing or certification of an opioid treatment program, the department shall: (a) Consult with the county legislative authorities in the area in which an applicant proposes to locate a program and the city legislative authority in any city in which an applicant propos... |
71.24.593 | Opioid use disorder treatment—Care of individuals and their newborns—Authority recommendations required. | (1) Recognizing that treatment strategies and modalities for the treatment of individuals with opioid use disorder and their newborns continue to evolve, and that improved health outcomes are seen when birth parents and their infants are allowed to room together, the authority must provide recommendations to the office... |
71.24.594 | Opioid overdose reversal medications—Education—Distribution—Labeling—Liability. | (1) For any client presenting with symptoms of an opioid use disorder, or who reports recent use of opioids outside legal authority, all licensed or certified behavioral health agencies that provide individuals treatment for mental health or substance use disorder, withdrawal management, secure withdrawal management, e... |
71.24.595 | Statewide treatment and operating standards for opioid treatment programs—Evaluation and report. | (1) To achieve more medication options, the authority must work with the department and the authority's medicaid managed care organizations, to eliminate barriers and promote access to effective medications known to address opioid use disorders at state-certified opioid treatment programs. Medications include, but are ... |
71.24.597 | Opioid overdose reversal medication—Coordinated purchasing and distribution. | By October 1, 2019, the authority must work with the department, the accountable communities of health, and community stakeholders to develop a plan for the coordinated purchasing and distribution of opioid overdose reversal medication across the state of Washington. The plan must be developed in consultation with the ... |
71.24.598 | Drug overdose response team. | (1) The department, in coordination with the authority, must develop a strategy to rapidly deploy a response team to a local community identified as having a high number of fentanyl-related or other drug overdoses by the local emergency management system, hospital emergency department, local health jurisdiction, law en... |
71.24.599 | Opioid use disorder—City and county jails—Funding. | (1) Subject to funds appropriated by the legislature, or approval of a section 1115 demonstration waiver from the federal centers for medicare and medicaid services, to fund opioid treatment medications for persons eligible for medicaid at or during the time of incarceration and juvenile detention facilities, the autho... |
71.24.600 | Inability to contribute to cost of services no bar to admission—Authority may limit admissions for nonmedicaid clients. | The authority shall not refuse admission for diagnosis, evaluation, guidance[,] or treatment to any applicant because it is determined that the applicant is financially unable to contribute fully or in part to the cost of any services or facilities available under the community behavioral health program. For nonmedicai... |
71.24.605 | Fetal alcohol screening and assessment services. | The authority shall contract with the University of Washington fetal alcohol syndrome clinic to provide fetal alcohol exposure screening and assessment services. The University indirect charges shall not exceed ten percent of the total contract amount. The contract shall require the University of Washington fetal alcoh... |
71.24.610 | Interagency agreement on prenatal substance exposure programs. | The authority, the department of social and health services, the department, the department of corrections, the department of children, youth, and families, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the coordination of identification, prevention, and int... |
71.24.612 | Prenatal substance exposure—Recommendations. | (1) By June 1, 2024, the authority shall submit to the legislature recommendations on ways to increase access to diagnoses, treatment, services, and supports for children who were exposed to alcohol or other substances during pregnancy and their families and caregivers. In creating the recommendations, the authority sh... |
71.24.614 | Prenatal substance exposure—Contracting. | Subject to the availability of amounts appropriated for this specific purpose, the authority shall contract with a statewide nonprofit entity with expertise in fetal alcohol spectrum disorders and experience in supporting parents and caregivers to offer free support groups for individuals living with fetal alcohol spec... |
71.24.615 | Chemical dependency treatment expenditures—Prioritization. | The authority shall prioritize expenditures for treatment provided under RCW 13.40.165 . The authority shall provide funds for inpatient and outpatient treatment providers that are the most successful, using the standards developed by the University of Washington under section 27, chapter 338, Laws of 1997. The authori... |
71.24.618 | Withdrawal management services—Substance use disorder treatment services—Prior authorization—Utilization review—Medical necessity review. | (1) Beginning January 1, 2021, a managed care organization may not require an enrollee to obtain prior authorization for withdrawal management services or inpatient or residential substance use disorder treatment services in a behavioral health agency licensed or certified under RCW 71.24.037 . (2)(a) Beginning January... |
71.24.619 | Standard set of criteria—Authority review. | When updated versions of the ASAM Criteria, treatment criteria for addictive, substance related, and co-occurring conditions, inclusive of adolescent and transition age youth versions, are published by the American society of addiction medicine, the health care authority and the office of the insurance commissioner sha... |
71.24.621 | Withdrawal management services—Requirements for limiting medication usage. | (1) If a behavioral health provider or licensed or certified behavioral health agency that provides withdrawal management services to a patient seeks to discontinue usage or reduce dosage amounts of a medication, including a psychotropic medication, that the patient has been using in accordance with the directions of a... |
71.24.625 | Uniform application of chapter—Training for designated crisis responders. | The authority shall ensure that the provisions of this chapter are applied by behavioral health administrative services organizations and managed care organizations in a consistent and uniform manner. The authority shall also ensure that, to the extent possible within available funds, the designated crisis responders a... |
71.24.630 | Integrated, comprehensive screening and assessment process for substance use and mental disorders. | (1) The authority shall maintain an integrated and comprehensive screening and assessment process for substance use and mental disorders and co-occurring substance use and mental disorders. (a) The process adopted shall include, at a minimum: (i) An initial screening tool that can be used by intake personnel systemwide... |
71.24.635 | Cannabis consumption—Health care provider guidance—Promotion of reduction and cessation programs for populations at risk of serious complications—Request for proposal—Report.(Expires December 31, 2028.) | (1) Subject to amounts appropriated for this specific purpose, the health care authority must issue a request for proposal and contract with an entity to develop, implement, test, and evaluate guidance and health interventions for health care providers and patients at risk for developing serious complications due to ca... |
71.24.640 | Standards for certification or licensure of evaluation and treatment facilities. | The secretary shall license or certify evaluation and treatment facilities that meet state minimum standards. The standards for certification or licensure of evaluation and treatment facilities by the department must include standards relating to maintenance of good physical and mental health and other services to be a... |
71.24.645 | Standards for certification or licensure of crisis stabilization units. | The secretary shall license or certify crisis stabilization units that meet state minimum standards. The standards for certification or licensure of crisis stabilization units by the department must include standards that: (1) Permit location of the units at a jail facility if the unit is physically separate from the g... |
71.24.648 | Standards for certification or licensure of intensive behavioral health treatment facilities. | The secretary shall license or certify intensive behavioral health treatment facilities that meet state minimum standards. The secretary must establish rules working with the authority and the department of social and health services to create standards for licensure or certification of intensive behavioral health trea... |
71.24.649 | Standards for certification or licensure of mental health peer-run respite centers. | The secretary shall license or certify mental health peer-run respite centers that meet state minimum standards. In consultation with the authority and the department of social and health services, the secretary must: (1) Establish requirements for licensed and certified community behavioral health agencies to provide ... |
71.24.650 | Standards for certification or licensure of a clubhouse. | The secretary shall license or certify clubhouses that meet state minimum standards. The standards for certification or licensure of a clubhouse by the department must at a minimum include: (1) The facilities may be peer-operated and must be recovery-focused; (2) Members and employees must work together; (3) Members mu... |
71.24.657 | Recovery residences—Funding—Voucher program—Outreach—Training. | Subject to the availability of funds appropriated for this specific purpose, the authority shall: (1) Make sufficient funding available to support establishment of an adequate and equitable stock of recovery residences in each region of the state; (2) Establish a voucher program to allow accredited recovery housing ope... |
71.24.660 | Recovery residences—Referrals by licensed or certified service providers. | Beginning January 1, 2023, a licensed or certified service provider may not refer a client who is appropriate for housing in a recovery residence, to support the client's recovery from a substance use disorder, to a recovery residence that is not included in the registry of approved recovery residences maintained by th... |
71.24.665 | Psychiatric treatment, evaluation, and bed utilization for American Indians and Alaska Natives—Report by authority. | (1) The authority shall provide an annual report on psychiatric treatment and evaluation and bed utilization for American Indians and Alaska Natives starting on October 1, 2020. The report shall be available for review by the tribes, urban Indian health programs, and the American Indian health commission for Washington... |
71.24.670 | Substance use disorder treatment facilities and entities—Record sharing. | Any substance use disorder treatment facilities and entities that provide behavioral health services where the department of children, youth, and families is investigating child abuse or neglect, as provided for under RCW 26.44.210 , shall share records and any other information that is relevant to the department of ch... |
71.24.700 | Long-term inpatient care and mental health placements—Contracting with community hospitals and evaluation and treatment facilities. | (1) The authority and the entities identified in *RCW 71.24.310 and 71.24.380 shall: (a) Work with willing community hospitals licensed under chapters 70.41 and 71.12 RCW and evaluation and treatment facilities licensed or certified under chapter 71.05 RCW to assess their capacity to become licensed or certified to pro... |
71.24.710 | Reentry services—Work group. | (1) The authority shall convene a reentry services work group to consider ways to improve reentry services for persons with an identified behavioral health services need. The work group shall: (a) Advise the authority on its waiver application under RCW 71.24.715 ; (b) Develop a plan to assure notifications of the pers... |
71.24.715 | Reentry services—Waiver application. | (1) The health care authority shall apply for a waiver allowing the state to provide medicaid services to persons who are confined in a correctional facility as defined in RCW 72.09.015 and 70.48.020 , institution or facility operated by the department of children, youth, and families, or a state hospital or other trea... |
71.24.720 | Less restrictive alternative treatment—Transition teams. | The authority shall coordinate with the department of social and health services to offer contracts to community behavioral health agencies to support the nonmedicaid costs entailed in fulfilling the agencies' role as transition team members for a person recommended for conditional release to a less restrictive alterna... |
71.24.845 | Transfer of clients between behavioral health administrative services organizations—Uniform transfer agreement. | The authority, in consultation with the established behavioral health administrative services organizations, shall develop a uniform transfer agreement to govern the transfer of clients between behavioral health administrative services organizations, taking into account the needs of the regional service area.
[ 2019 c ... |
71.24.847 | Transfer of clients—Policy and statistic reporting. | (1)(a) By October 1, 2024, each licensed or certified behavioral health agency providing voluntary inpatient or residential substance use disorder treatment services or withdrawal management services shall submit to the department any policies that the agency maintains regarding the transfer or discharge of a person wi... |
71.24.850 | Regional service areas—Report—Managed care integration. | (1) By December 1, 2018, the department of social and health services and the authority shall report to the governor and the legislature regarding the preparedness of each regional service area to provide mental health services, chemical dependency services, and medical care services to medicaid clients under a fully i... |
71.24.852 | Intensive behavioral health treatment facilities—Resident rights and access to ombuds services—Recommendations to governor and legislature. | By December 1, 2019, the secretary of health, in consultation with the department of social and health services, the department of commerce, the long-term care ombuds, and relevant stakeholders must provide recommendations to the governor and the appropriate committees of the legislature on providing resident rights an... |
71.24.855 | Finding—Intent—State hospitals. | The legislature finds that the growing demand for state hospital beds has strained the state's capacity to meet the demand while providing for a sufficient workforce to operate the state hospitals safely. It is the intent of the legislature that the executive and legislative branches work collaboratively to maximize ac... |
71.24.861 | Behavioral health system coordination committee. | (1) The legislature finds that ongoing coordination between state agencies, the counties, and the behavioral health administrative services organizations is necessary to coordinate the behavioral health system. To this end, the authority shall establish a committee to meet quarterly to address systemic issues, includin... |
71.24.870 | Behavioral health services—Adoption of rules—Audit. | (1) Rules adopted by the department relating to the provision of behavioral health services must: (a) Identify areas in which duplicative or inefficient documentation requirements can be eliminated or streamlined for providers; (b) Limit prescriptive requirements for individual initial assessments to allow clinicians t... |
71.24.872 | Regulatory parity between primary care and behavioral health care settings—Initial documentation requirements for patients—Administrative burdensomeness. | (1) The legislature finds that behavioral health integration requires parity in the approach to regulation between primary care providers and behavioral health agencies. (2) Neither the authority nor the department may provide initial documentation requirements for patients receiving care in a behavioral health agency,... |
71.24.880 | Interlocal leadership structure—Transition to fully integrated managed care within a regional service area. | (1) The authority shall, upon the request of a county authority or authorities within a regional service area, collaborate with counties to create an interlocal leadership structure that includes participation from counties and the managed health care systems serving that regional service area. The interlocal leadershi... |
71.24.885 | Medicaid rate increases—Review authority—Reporting. | (1) It is the intent of the legislature that behavioral health medicaid rate increases be grounded with the rate-setting process for the provider type or practice setting. (2) In implementing a rate increase funded by the legislature, including rate increases provided through managed care organizations, the authority m... |
71.24.887 | Training support grants for community mental health providers—Behavioral health workforce pilot program. | Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish a behavioral health workforce pilot program and training support grants for community mental health providers including, but not limited to, clinical social workers, licensed mental health counselors, licensed m... |
71.24.890 | National 988 system—Designated 988 contact hubs—Technology and platform development—Agency collaboration. | (1) Establishing the state designated 988 contact hubs and enhancing the crisis response system will require collaborative work between the department, the authority, and regional system partners within their respective roles. The department shall have primary responsibility for designating 988 contact hubs, and shall ... |
71.24.892 | National 988 system—Crisis response improvement strategy committee—Membership—Steering committee—Reports.(Expires December 31, 2026.) | (1) The crisis response improvement strategy committee is established for the purpose of providing advice in developing an integrated behavioral health crisis response and suicide prevention system containing the elements described in this section. The work of the committee shall be received and reviewed by a steering ... |
71.24.894 | National 988 system—Department reporting—Audit. | (1) The department and authority shall provide an annual report regarding the usage of the 988 crisis hotline, call outcomes, and the provision of crisis services inclusive of mobile rapid response crisis teams and crisis stabilization services. The report shall be submitted to the governor and the appropriate committe... |
71.24.896 | National 988 system—Duties owed to public—Independent contractors. | (1) When acting in their statutory capacities pursuant to chapter 302, Laws of 2021, the state, department, authority, state 911 coordination office, emergency management division, military department, any other state agency, and their officers, employees, and agents are deemed to be carrying out duties owed to the pub... |
71.24.898 | National 988 system—Technical and operational plan. | For the purpose of development and implementation of technology and platforms by the department and the authority under RCW 71.24.890 , the department and the authority shall create a sophisticated technical and operational plan. The plan shall not conflict with, nor delay, the department meeting and satisfying existin... |
71.24.899 | National 988 system—Informational materials—Social media campaign. | The department shall develop informational materials and a social media campaign related to the 988 crisis hotline, including call, text, and chat options, and other crisis hotline lines for veterans, American Indians and Alaska Natives, and other populations. The informational materials must include appropriate inform... |
71.24.903 | Mobile rapid response crisis team endorsement. | (1) By April 1, 2024, the authority shall establish standards for issuing an endorsement to any mobile rapid response crisis team or community-based crisis team that meets the criteria under either subsection (2) or (3) of this section, as applicable. The endorsement is a voluntary credential that a mobile rapid respon... |
71.24.905 | Co-response services. | (1) Subject to the availability of amounts appropriated for this specific purpose, the University of Washington shall, in consultation and collaboration with the co-responder outreach alliance and other stakeholders as appropriate in the field of co-response: (a) Establish regular opportunities for police, fire, emerge... |
71.24.906 | National 988 system—Needs assessment—Recommendations—Report. | (1) The authority and behavioral health administrative services organizations, in collaboration with the University of Washington, the Harborview behavioral health institute, the Washington council for behavioral health, and the statewide 988 coordinator, shall plan for regional collaboration among behavioral health pr... |
71.24.907 | National 988 system—Limitation of liability. | (1) No act or omission related to the dispatching decisions of any crisis call center staff or designated 988 contact hub staff with endorsed mobile rapid response crisis team and community-based crisis team dispatching responsibilities done or omitted in good faith within the scope of the individual's employment respo... |
71.24.908 | Data integration platform to support diversion efforts—Development and implementation—Exempt from public disclosure. | (1) The authority must develop and implement a data integration platform by June 30, 2025, to support recovery navigator programs, law enforcement assisted diversion programs, arrest and jail alternative programs, and similar diversion efforts. The data integration platform shall: (a) Serve as a statewide common databa... |
71.24.909 | Washington state institute for public policy study on recovery navigator programs and law enforcement assisted diversion programs. | (1) The authority shall contract with the Washington state institute for public policy to conduct a study of the long-term effectiveness of the recovery navigator programs under RCW 71.24.115 and law enforcement assisted diversion programs under RCW 71.24.589 implemented in Washington state, with reports due by June 30... |
71.24.910 | Balance billing violations—Discipline. | If the insurance commissioner reports to the department that he or she has cause to believe that a provider licensed under this chapter has engaged in a pattern of violations of RCW 48.49.020 or 48.49.030 or has violated RCW 48.43.732 , and the report is substantiated after investigation, the department may levy a fine... |
71.24.911 | Statewide behavioral health treatment and recovery support services mapping tool. | Subject to funding provided for this specific purpose, the authority must collaborate with the department and the department of social and health services to expand the Washington recovery helpline and the recovery readiness asset tool to provide a dynamically updated statewide behavioral health treatment and recovery ... |
71.24.912 | Work group—Systems, policies, and processes related to intake, screening, and assessment for substance use disorders. | (1) The authority shall convene a work group to recommend changes to systems, policies, and processes related to intake, screening, and assessment for substance use disorder services, with the goal to broaden the workforce capable of administering substance use disorder assessments and to make the assessment process as... |
71.24.913 | Substance use disorders—Comprehensive assessments, reports. | (1) The authority is responsible for providing regular assessments of the prevalence of substance use disorders and interactions of persons with substance use disorder with service providers, nonprofit service providers, first responders, health care facilities, and law enforcement agencies. Beginning in 2026, the annu... |
71.24.915 | Crisis continuum of care forum. | Behavioral health administrative services organizations in their role as regional behavioral health system leaders, in partnership with the authority, shall convene an annual crisis continuum of care forum, led by the behavioral health administrative services organizations, with participation from partners serving regi... |
71.24.916 | 23-hour crisis relief centers—Licensing and certification—Rules—Standards. | (1) The secretary shall license or certify 23-hour crisis relief centers that meet state minimum standards. The department shall create rules in consultation with the authority by January 1, 2024, to develop standards for licensure or certification of 23-hour crisis relief centers. (a) The rules, at a minimum, must req... |
71.24.920 | Certified peer support specialists—Courses of instruction—Duties. | (1)(a) By January 1, 2025, the authority must develop a course of instruction to become a certified peer support specialist under chapter 18.420 RCW. The course must be approximately 80 hours in duration and based upon the curriculum offered by the authority in its peer counselor training as of July 23, 2023, as well a... |
71.24.922 | Certified peer support specialists—Supervision caseload reduction. | Behavioral health agencies must reduce the caseload for approved supervisors who are providing supervision to certified peer support specialist trainees seeking certification under chapter 18.420 RCW.
[ 2025 c 360 s 21 ; 2023 c 469 s 14 .] |
71.24.924 | Certified peer support specialists—Billing. | (1) Beginning January 1, 2027, a person who engages in the practice of peer support services and who bills a health carrier or medical assistance or whose employer bills a health carrier or medical assistance for those services must hold an active credential as a certified peer support specialist or certified peer supp... |
71.28.010 | Contracts by boundary counties or cities therein. | Any county, or city within a county which is situated on the state boundaries is authorized to contract for mental health services with a county situated in either the states of Oregon or Idaho, located on the boundaries of such states with the state of Washington.
[ 1988 c 176 s 911 ; 1977 ex.s. c 80 s 44 ; 1967 c 84 ... |
71.32.010 | Legislative declaration—Findings. | (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) During periods when an individual's c... |
71.32.020 | Definitions.(Effective until June 30, 2027.) | 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 provided in chapter 11.125 RCW. (3) "Behavior... |
71.32.030 | Construction of definitions. | (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 with those terms as they are defined i... |
71.32.040 | Presumption of capacity. | 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 they are capable of making informed deci... |
71.32.050 | Execution of directive—Scope. | (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 directive may include any provision rel... |
71.32.060 | Execution of directive—Elements—Effective date—Expiration. | (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) Designate whether the principal wishes to b... |
71.32.070 | Prohibited elements. | 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; (3) Obligate any health care provider,... |
71.32.080 | Revocation—Waiver. | (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 the directive to be able to revoke whe... |
71.32.090 | Witnesses. | 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 owner, operator, employee, or relative... |
71.32.100 | Appointment of agent. | (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 in good faith. (4) An agent may make de... |
71.32.110 | Determination of capacity.(Effective until June 30, 2027.) | (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 person except by: (i) A court, if the reques... |
71.32.120 | Action to contest directive. | 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 283 s 12 .] |
71.32.130 | Determination of capacity—Reevaluations of capacity. | (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 may not be treated unless he or she co... |
71.32.140 | Refusal of admission to inpatient treatment—Effect of directive.(Effective until June 30, 2027.) | (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 to inpatient treatment, refuses to be... |
71.32.150 | Compliance with directive—Conditions for noncompliance. | (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 part of the principal's medical record an... |
71.32.160 | Electroconvulsive therapy. | 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 therapy and the reason it was used in the pr... |
71.32.170 | Providers—Immunity from liability—Conditions. | (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 long-term care facility. (2) A provider i... |
71.32.180 | Multiple directives, agents—Effect—Disclosure of court orders. | (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 conflicting provisions, unless provide... |
71.32.190 | Preexisting, foreign directives—Validity. | (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 .] |
71.32.200 | Fraud, duress, undue influence—Appointment of guardian. | 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 to be involved in improper conduct under... |
71.32.210 | Execution of directive not evidence of behavioral health disorder or lack of capacity. | 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 .] |
71.32.220 | Requiring directive prohibited. | 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 from a health care facility or long-term ca... |
71.32.230 | Coercion, threats prohibited. | 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 .] |
71.32.240 | Other authority not limited. | 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 .] |
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