SB 5073 — Concerning involuntary commitment.

Within twelve hours of notice of the need for evaluation, not counting time p.periods prior to medical clearance, the designated crisis responder must determine whether the individual meets detention criteria.

9 SSB 5073 periods prior to medical clearance, the designated crisis responder must determine whether the individual meets detention criteria.

The interview performed by the designated crisis responder may be conducted by video provided that a licensed health care professional or professional person who can adequately and accurately assist with obtaining any necessary informationp. is present with the person at the time of the interview.

9 SB 5073 information is present with the person at the time of the interview.

and (b) Shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period p.that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.590, or 71.05.217, the individual may refuse psychiatric medications, but may not refuse:

10 SSB 5073 that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.590, or 71.05.217, the individual may refuse psychiatric medications, but may not refuse:

The person shall be detained up to one hundred twenty hours, if,p. in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled.

10 SB 5073 if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled.

(2) If, ((after)) at any time during the involuntary treatment hold and following the initial examination and evaluation, the mental health professional or substance use disorder professional and licensed physician, physician assistant, or psychiatric advanced registered nurse practitioner determine that the initial needs of the person, if detained to an evaluation and treatment facility, would be better served by placement in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, or, if detained to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, would be better served in an evaluation and treatment facility then the person shall be referred to the more appropriate placementplacement; for the remainder of the current commitment period without any need for further court review;

p.Notice of such fact shall be given to the court, the designated attorney, and the designated crisis responder and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.

11 SSB 5073 Notice of such fact shall be given to the court, the designated attorney, and the designated crisis responder and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.

(1)p. Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program:

11 SB 5073 (1) Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program:

(2) If, ((after)) at any time during the involuntary treatment hold and following the initial examination and evaluation, the mental health professional or substance use disorder professional and licensed physician, physician assistant, or psychiatric advanced registered nurse practitioner determine that the initial needs of the person, if detained to an evaluation and treatment facility, would be better served by placement in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, or, if detained to a secure withdrawal management and stabilization facility or approved substance use disorder treatment p.

12 SSBSB 5073 health professional or substance use disorder professional and licensed physician, physician assistant, or psychiatric advanced registered nurse practitioner determine that the initial needs of the person, if detained to an evaluation and treatment facility, would be better served by placement in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, or, if detained to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, would be better served in an evaluation and treatment facility then the person shall be referred to the more appropriate placementplacement. for the remainder of the current commitment period without any need for further court review.

(3) If the person or his or her attorney alleges, prior to the commencement of the hearing, that the person has in good faith p.volunteered for treatment, the petitioner must show, by preponderance of the evidence, that the person has not in good faith volunteered for appropriate treatment.

13 SSB 5073 volunteered for treatment, the petitioner must show, by preponderance of the evidence, that the person has not in good faith volunteered for appropriate treatment.

(4)(a) Subject to (b) of this subsection, at the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that such person, as the result of a behavioral health disorder, presents a likelihood of serious harm, or is gravely disabled,p. and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such person or others, the court shall order that such person be detained for involuntary treatment not to exceed fourteen days in a facility licensed or certified to provide treatment by the department or under RCW 71.05.745.

13 SB 5073 disabled, and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such person or others, the court shall order that such person be detained for involuntary treatment not to exceed fourteen days in a facility licensed or certified to provide treatment by the department or under RCW 71.05.745.

(6)Nothing Thein courtthis shallsection notifyprecludes the personcourt orallyfrom andsubsequently inmodifying writingthe thatterms ifof involuntaryan treatmentorder isfor soughtless beyondrestrictive thealternative fourteen-daytreatment inpatientunder p.RCW 71.05.590(3).

14(6) SSBThe 5073court shall notify the person orally and in writing that if involuntary treatment is sought beyond the fourteen-day inpatient or ninety-day less restrictive treatment period, the person has the right to a full hearing or jury trial under RCW 71.05.310.

(7)p. If the court does not issue an order to detain a person under this section, the court shall issue an order to dismiss the petition.

(8)14 NothingSB in5073 this(7) sectionIf precludes the court fromdoes subsequentlynot modifyingissue thean termsorder ofto andetain ordera forperson lessunder restrictivethis alternativesection, treatmentthe undercourt RCWshall 71.05.590(3).issue an order to dismiss the petition.

(4)(a) At the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that such person, as the result of a behavioral health disorder, presents a likelihood of serious harm, or is gravely disabled, and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such p.person or others, the court shall order that such person be detained for involuntary treatment not to exceed fourteen days in a facility licensed or certified to provide treatment by the department or under RCW 71.05.745.

15(b) SSBAt 5073the personconclusion orof others,the probable cause hearing, if the court shallfinds orderby a preponderance of the evidence that such personperson, beas detainedthe forresult involuntaryof treatmenta notbehavioral tohealth exceeddisorder, fourteenpresents daysa inlikelihood aof facilityserious licensedharm or certifiedis togravely providedisabled, but that treatment byin a less restrictive setting than detention is in the departmentbest orinterest underof RCWsuch 71.05.745.p.

(b)15 AtSB the5073 conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that such person, as the result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled, but that treatment in a less restrictive setting than detention is in the best interest of such person or others, the court shall order an appropriate less restrictive alternative course of treatment for up to ninety days.

Nothing in this section precludes the court from subsequently modifying the terms of an order for less restrictive alternative treatment under RCW 71.05.590(3).

(8) Nothing in this section precludes the court from subsequently modifying the terms of an order for less restrictive alternative treatment under RCW 71.05.590(3).

p.(1)(a) Subject to (b) of this subsection, 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 or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall remand him or her to the custody of the department of social and health services or to a facility certified for ninety day treatment by the department for a further period of intensive treatment not to exceed ninety days from the date of judgment.

16 SSB 5073 (1)(a) Subject to (b) ofIf this subsection, if the courtorder orfor juryinpatient finds that grounds set forth in RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is anbased alternativeon to detention, the court shall remand him or her to the custody of the department of social and health services or to a facilitysubstance certifieduse fordisorder, ninety day treatment bymust thetake departmentplace forat aan furtherapproved periodsubstance ofuse intensivep. treatment not to exceed ninety days from the date of judgment.

(b)16 IfSB the5073 order for inpatient treatment is based on a substance use disorder, treatment must take place at an approved substance use disorder treatment program.

(3) An order for less restrictive alternative treatment entered under subsection (2) of this section must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585, and must include a p.requirement that the person cooperate with the services planned by the behavioral health service provider.

17 SSB 5073 requirement that the person cooperate with the services planned by the behavioral health service provider.

(i) Has threatened, attempted, or inflicted physical harm upon the person of another,p. or substantial damage upon the property of another, and (ii) as a result of a behavioral health disorder or developmental disability presents a likelihood of serious harm;

17 SB 5073 another, or substantial damage upon the property of another, and (ii) as a result of a behavioral health disorder or developmental disability presents a likelihood of serious harm;

or p.(e) Is in need of assisted outpatient behavioral health treatment.

18 SSB 5073 (e) Is in need of assisted outpatient behavioral health treatment.

(5) A new petition for involuntary treatment filed under subsection (4) of this section shall be filed and heard in the superior court of the county of the facility which is filing the new petitionp. for involuntary treatment unless good cause is shown for a change of venue.

18 SB 5073 petition for involuntary treatment unless good cause is shown for a change of venue.

(7) An order for less restrictive treatment entered under subsection (6) of this section may be for up to one year when the p.person's previous commitment term was for intensive inpatient treatment in a state hospital.

19 SSB 5073 person's previous commitment term was for intensive inpatient treatment in a state hospital.

Sec.p.

19 SB 5073 Sec.

If the court or jury finds that the grounds set forth in RCW 71.05.280(5) have been proven, and provide p.the only basis for commitment, the court must enter an order for less restrictive alternative treatment for up to ninety days from the date of judgment and may not order inpatient treatment.

20 SSB 5073 the only basis for commitment, the court must enter an order for less restrictive alternative treatment for up to ninety days from the date of judgment and may not order inpatient treatment.

(4)p. The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under subsection (1) or (2) of this section unless the superintendent or professional person in charge of the facility in which he or she is confined, or in the event of a less restrictive alternative, the designated crisis responder, files a new petition for involuntary treatment on the grounds that the committed person:

20 SB 5073 (4) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under subsection (1) or (2) of this section unless the superintendent or professional person in charge of the facility in which he or she is confined, or in the event of a less restrictive alternative, the designated crisis responder, files a new petition for involuntary treatment on the grounds that the committed person:

(ii) In cases under this subsection where the court has made an affirmative special finding under RCW 71.05.280(3)(b), the commitment shall continue for up to an additional one hundred eighty-day period whenever the petition presents prima facie evidence that the person continues to suffer from a behavioral health disorder or developmental disability that results in a substantial likelihood of committing acts similar to the charged criminal behavior, unless the person presents proof through an admissible expert opinion that the person's condition has so changed such that the behavioral health p.disorder or developmental disability no longer presents a substantial likelihood of the person committing acts similar to the charged criminal behavior.

21 SSB 5073 disorder or developmental disability no longer presents a substantial likelihood of the person committing acts similar to the charged criminal behavior.

Ifp. the conduct required to be proven in (b) and (c) of this subsection was found by a judge or jury in a prior trial under this chapter, it shall not be necessary to prove such conduct again.

21 SB 5073 If the conduct required to be proven in (b) and (c) of this subsection was found by a judge or jury in a prior trial under this chapter, it shall not be necessary to prove such conduct again.

(b) At the end of the one hundred eighty-day period of commitment, or one-year period of commitment if subsection (7) of this section applies, the committed person shall be released unless a p.petition for an additional one hundred eighty-day period of continued treatment is filed and heard in the same manner as provided in this section.

22 SSB 5073 petition for an additional one hundred eighty-day period of continued treatment is filed and heard in the same manner as provided in this section.

(8)p. No person committed as provided in this section may be detained unless a valid order of commitment is in effect.

22 SB 5073 (8) No person committed as provided in this section may be detained unless a valid order of commitment is in effect.

(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 can be appropriately served by outpatient treatment prior to or at the expiration of the period of commitment, then such outpatient care may be required as a term of conditional release for a period which, when ((addedadded to the)) combined with the number of days the person has spent in inpatient treatment ((period)),period, shall not exceed ((the period of commitment)) 90 days if the underlying commitment was for a period of 14 or 90 days, or 180 days if the underlying commitment was for a period of 180 days.

(b) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(4)(c) is conditionally released under (a) of this subsection, the superintendent or professional person in charge of the hospital or facility providing involuntary treatment p.shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision to conditionally release the person.

23 SSB 5073 shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision to conditionally release the person.

The prosecuting attorney shall provide a copy of the petitionp. to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the committed person, and the court of original commitment.

23 SB 5073 petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the committed person, and the court of original commitment.

Notification of such changes shall be sent to all persons receiving a copy of the original p.conditions.

24Enforcement SSBor 5073revocation conditions.proceedings related to a conditional release order may occur as provided under RCW 71.05.590.

Enforcement or revocation proceedings related to a conditional release ((order)) may occur as provided under RCW 71.05.590.

(1) Less((Less restrictive alternativealternative)) Court-ordered involuntary outpatient behavioral health treatment, at a minimum, includes the following services:

(b)p. An intake evaluation with the provider of the less restrictive alternative treatment;

24 SB 5073 (b) An intake evaluation with the provider of the ((less restrictive alternative)) treatment;

(2) Less((Less restrictive alternativealternative)) Court-ordered involuntary outpatient behavioral health treatment may additionally include requirements to participate in the following services:

(d) Substance ((abuse))abuse use disorder counseling;

(3) If the person was provided with involuntary medication under RCW 71.05.215 or pursuant to a judicial order during the involuntary commitment period, the less((less restrictive alternativealternative)) court-ordered involuntary outpatient behavioral health treatment order may authorize the less((less restrictive alternativealternative)) treatment provider or its designee to administer involuntary antipsychotic medication to the person if the provider has attempted and failed to obtain the informed consent of the person and there is a concurring medical p.opinion approving the medication by a psychiatrist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with an independent mental health professional with prescribing authority.

25(4) SSB((Less 5073restrictive opinionalternative)) approvingCourt-ordered theinvoluntary medicationoutpatient bybehavioral ahealth psychiatrist,treatment physicianmust assistantbe workingadministered withby a supervisingp. psychiatrist, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with an independent mental health professional with prescribing authority.

(4)25 LessSB restrictive5073 alternative treatment must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less((less restrictive alternativealternative)) order and that has agreed to assume this responsibility.

(5) The care coordinator assigned to a person ordered to less((less restrictive alternativealternative)) court-ordered involuntary outpatient behavioral health treatment must submit an individualized plan for the person's treatment services to the court that entered the order.

(6) A care coordinator may discloseshare informationinformation, including treatment and recordscompliance relatedrecords, to mentalparties healthnecessary servicesfor pursuantthe toimplementation RCWof 70.02.230(2)(k)proceedings forunder purposesthis ofchapter implementingor lesschapter restrictive10.77 alternativeRCW treatment.without a release of information.

(7) For the purpose of this section,section((, "care"care)): coordinator" means a clinical practitioner who coordinates the activities of less restrictive alternative treatment.

The(a) care"Care coordinatorcoordinator" coordinatesmeans activitiesa withclinical thepractitioner designatedwho crisiscoordinates respondersthe thatactivities are necessary for enforcement and continuation of less((less restrictive alternativealternative)) orderscourt- andordered isinvoluntary responsibleoutpatient forbehavioral coordinatinghealth servicetreatment. activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.

The care coordinator coordinates activities with the designated crisis responders that are necessary for enforcement and continuation of less restrictive alternative orders and assisted outpatient behavioral health treatment orders, coordinates activities with the department of social and health services regarding conditional release orders under chapter 10.77 RCW, and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis ;

and (b) "Court-ordered involuntary outpatient behavioral health treatment" means mandatory treatment provided in a less restrictive setting than inpatient hospitalization pursuant to a less restrictive alternative treatment, conditional release, or assisted outpatient behavioral health treatment order under this chapter, or pursuant to a conditional release order under chapter 10.77 RCW.

(1) Either an agency or facility designated to monitor or provide services under a less restrictive alternative order or conditional releasep. ((order)), or a designated crisis responder, may take action to enforce, modify, or revoke a less restrictive alternative or conditional release ((order)).

26 SB 5073 release order, or a designated crisis responder, may take action to enforce, modify, or revoke a less restrictive alternative or conditional release order.

p.(c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment;

26 SSB 5073 (c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment;

(d) To cause the person to be transported by a peace officer, designated crisis responder, or other means to the agency or facility monitoring or providing services under the court order, or to a triage facility, crisis stabilization unit, emergency department, evaluationp. and treatment facility, secure withdrawal management and stabilization facility with available space, or an approved substance use disorder treatment program with available space.

27 SB 5073 evaluation and treatment facility, secure withdrawal management and stabilization facility with available space, or an approved substance use disorder treatment program with available space.

Temporary detention for evaluation under this subsection is intended p.to occur only following a pattern of noncompliance or the failure of reasonable attempts at outreach and engagement, and may occur only when in the clinical judgment of a designated crisis responder or the professional person in charge of an agency or facility designated to monitor less restrictive alternative services temporary detention is appropriate.

27 SSB 5073 to occur only following a pattern of noncompliance or the failure of reasonable attempts at outreach and engagement, and may occur only when in the clinical judgment of a designated crisis responder or the professional person in charge of an agency or facility designated to monitor less restrictive alternative services temporary detention is appropriate.

(3) A court may supervise a person on an order for less restrictive alternative treatment or a conditional release.release order.

(((4))) (5)(a) Except as provided in subsection (((6))) (7) of this section, a designated crisis responder or the secretary of the department of social and health services may upon their own motion or notification by the facility or agency designated to provide outpatientp. care order a person subject to a court order under this chapter to be apprehended and taken into custody and temporary detention in an evaluation and treatment facility, an available secure withdrawal management and stabilization facility with adequate space, or an available approved substance use disorder treatment program with adequate space, in or near the county in which he or she is receiving outpatient treatment.

Proceedings28 SB 5073 outpatient care order a person subject to a court order under this subsectionchapter p.to be apprehended and taken into custody and temporary detention in an evaluation and treatment facility, an available secure withdrawal management and stabilization facility with adequate space, or an available approved substance use disorder treatment program with adequate space, in or near the county in which he or she is receiving outpatient treatment.

28Proceedings SSBunder 5073this subsection (((4))) (5) may be initiated without ordering the apprehension and detention of the person.

or (iv) there is a likelihood of serious harm;p.

and,29 ifSB any5073 ofharm; the above conditions apply, whether the court should reinstate or modify the person's less restrictive alternative or conditional release ((order)) or order the person's detention for inpatient treatment.

and, if any of the above conditions apply, whether the court should reinstate or modify the person's less restrictive alternative or conditional release order or order the person's detention for inpatient treatment.

If the court orders detention for inpatient treatment, the treatment period must be for fourteen days from the revocation p.hearing if the outpatient order was based on a petition under RCW 71.05.160 or 71.05.230.

29 SSB 5073 hearing if the outpatient order was based on a petition under RCW 71.05.160 or 71.05.230.

Proceedings under thisp. subsection may be initiated without ordering the apprehension and detention of the person.

30 SB 5073 this subsection may be initiated without ordering the apprehension and detention of the person.

The designated crisis responder or the secretary may p.modify or rescind the order at any time prior to commencement of the court hearing.

30 SSB 5073 modify or rescind the order at any time prior to commencement of the court hearing.

(1) Either an agency or facility designated to monitor or provide services under a less restrictive alternative order or conditional release ((order)),order, or a designated crisis responder, may take action to enforce, modify, or revoke a less restrictive alternative or conditional release ((order)).order.

(c)p. There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment;

31 SB 5073 (c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment;

p.Available actions may include, but are not limited to, any of the following:

31 SSB 5073 Available actions may include, but are not limited to, any of the following:

Temporary detention for evaluation under this subsection is intended to occur only following a pattern ofp. noncompliance or the failure of reasonable attempts at outreach and engagement, and may occur only when in the clinical judgment of a designated crisis responder or the professional person in charge of an agency or facility designated to monitor less restrictive alternative services temporary detention is appropriate.

32 SB 5073 of noncompliance or the failure of reasonable attempts at outreach and engagement, and may occur only when in the clinical judgment of a designated crisis responder or the professional person in charge of an agency or facility designated to monitor less restrictive alternative services temporary detention is appropriate.

and p.(e) To initiate revocation procedures under subsection (((4))) (5) of this section or, if the current commitment is solely based on the person being in need of assisted outpatient behavioral health treatment as defined in RCW 71.05.020, initial inpatient detention procedures under subsection (((6))) (7) of this section.

32(3) SSBA 5073court (e)may Tosupervise initiatea revocationperson procedures under subsection (((4))) (5) of this section or, if the current commitment is solely based on thean personorder beingfor inless needrestrictive ofalternative assisted outpatient behavioral health treatment asor defineda inconditional RCWrelease 71.05.020,order. initial inpatient detention procedures under subsection (((6))) (7) of this section.

(3) A court may supervise a person on an order for less restrictive alternative treatment or a conditional release.

(b)p. Except as provided in subsection (((6))) (7) of this section, a person detained under this subsection (((4))) (5) must be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been released.

33 SB 5073 (b) Except as provided in subsection (((6))) (7) of this section, a person detained under this subsection (((4))) (5) must be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been released.

The designated crisis responder or the secretary of the department of social and health services may p.modify or rescind the order at any time prior to commencement of the court hearing.

33 SSB 5073 modify or rescind the order at any time prior to commencement of the court hearing.

and, if any of the above conditions apply, whether the court should reinstate or modify the person's less restrictive alternative or conditional release ((order))order or order the person's detention for inpatient treatment.

If the court orders detention for inpatient treatmentp. and the outpatient order was based on a petition under RCW 71.05.290 or 71.05.320, the number of days remaining on the outpatient order must be converted to days of inpatient treatment authorized in the original court order.

(((5)))34 (6)SB In5073 determiningtreatment whetherand orthe notoutpatient toorder takewas actionbased underon thisa sectionpetition theunder designatedRCW crisis71.05.290 responder, agency, or facility71.05.320, must consider the factorsnumber specifiedof underdays RCWremaining 71.05.212on and the courtoutpatient order must considerbe theconverted factorsto specifieddays underof RCWinpatient 71.05.245treatment asauthorized theyin applythe p.original court order.

34(((5))) SSB(6) 5073In determining whether or not to take action under this section the designated crisis responder, agency, or facility must consider the factors specified under RCW 71.05.212 and the court must consider the factors specified under RCW 71.05.245 as they apply to the question of whether to enforce, modify, or revoke a court order for involuntary treatment.

To continue detention after the one hundred twenty hour period, the court must find that the person, as a result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled and, after considering less restrictive alternativesp. to involuntary detention and treatment, that no such alternatives are in the best interest of the person or others.

35 SB 5073 alternatives to involuntary detention and treatment, that no such alternatives are in the best interest of the person or others.

(1) Less((Less restrictive alternativealternative)) Court-ordered involuntary outpatient behavioral health treatment, at a minimum, must include the following services:

p.(b) An intake evaluation with the provider of the ((less restrictive alternative)) treatment;

35 SSB 5073 (b) An intake evaluation with the provider of the less restrictive alternative treatment;

(d) A schedule of regular contacts with the provider of the less((less restrictive alternativealternative)) treatment services for the duration of the order;

and((and)) (g) NotificationConsultation toabout the careformation coordinator assigned in (a) of thisa subsectionmental ifhealth reasonableadvance effortsdirective tounder engagechapter the71.32 clientRCW; fail to produce substantial compliance with court-ordered treatment conditions.

(2)and Less(h) restrictiveNotification alternativeto treatmentthe maycare includecoordinator assigned in (a) of this subsection if reasonable efforts to engage the followingclient additionalfail services:to produce substantial compliance with court-ordered treatment conditions.

(2) ((Less restrictive alternative)) Court-ordered involuntary outpatient behavioral health treatment may include the following additional services:

(d) Substance ((abuse))abuse use disorder counseling;

(3) If the minor was provided with involuntary medication during the involuntary commitment period, the less((less restrictive alternativealternative)) court-ordered involuntary outpatient behavioral health treatment order may authorize the less((less restrictive alternativealternative)) treatment provider or its designee to administer involuntary antipsychotic medication to the person if the provider has attempted andp. failed to obtain the informed consent of the person and there is a concurring medical opinion approving the medication by a psychiatrist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with an independent mental health professional with prescribing authority.

(4)36 LessSB restrictive5073 alternativeand treatmentfailed mustto beobtain administeredthe byinformed aconsent providerof thatthe isperson certifiedand orthere licensedis toa provideconcurring ormedical coordinateopinion approving the fullmedication scopeby ofa servicespsychiatrist, requiredphysician underassistant theworking lesswith restrictivea alternativesupervising orderpsychiatrist, andpsychiatric thatadvanced hasregistered agreednurse topractitioner, assumeor thisphysician responsibility.or physician assistant in consultation with an independent mental health professional with prescribing authority.

(5)(4) The((Less carerestrictive coordinatoralternative)) assignedCourt-ordered toinvoluntary aoutpatient minorbehavioral orderedhealth totreatment lessmust restrictivebe alternativeadministered treatmentby musta submitprovider anthat individualizedis plancertified foror licensed to provide or coordinate the minor'sfull treatmentscope of services torequired under the court((less restrictive alternative)) order and that enteredhas theagreed p.to assume this responsibility.

36(5) SSBThe 5073care coordinator assigned to a minor ordered to ((less restrictive alternative)) court-ordered involuntary outpatient behavioral health treatment must submit an individualized plan for the minor's treatment services to the court that entered the order.

(6) A care coordinator may discloseshare informationinformation, including treatment and recordscompliance relatedrecords, to mentalparties healthnecessary servicesfor pursuantthe toimplementation RCWof 70.02.230(2)(k)proceedings forunder purposesthis ofchapter implementingor lesschapter restrictive10.77 alternativeRCW treatment.without a release of information.

(7) For the purpose of this section,section((, "care"care)): coordinator" means a clinical practitioner who coordinates the activities of less restrictive alternative treatment.

The(a) care"Care coordinatorcoordinator" coordinatesmeans activitiesa withclinical thepractitioner designatedwho crisiscoordinates respondersthe thatactivities are necessary for enforcement and continuation of less((less restrictive alternativealternative)) treatmentcourt- ordersordered andinvoluntary isoutpatient responsiblebehavioral forhealth coordinatingtreatment. service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.

The care coordinator coordinates activities with the designated crisis responders that are necessary for enforcement and continuation of less restrictive alternative treatment orders and assisted outpatient behavioral health treatment orders, coordinates activities with the department of social and health services regarding conditional release orders under chapter 10.77 RCW, and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis;

and (b) "Court-ordered involuntary outpatient behavioral health treatment" means mandatory treatment provided in a less restrictive setting than inpatient hospitalization pursuant to a less restrictive p.

37 SB 5073 alternative treatment, conditional release, or assisted outpatient behavioral health treatment order under this chapter, or pursuant to a conditional release order under chapter 10.77 RCW.

RCW 2.30.010 and 2015 c 291 s 1 are each amended to read as follows:

(1) The legislature finds that judges in the trial courts throughout the state effectively utilize what are known as therapeutic courts to remove a defendant's or respondent's case from the criminal and civil court traditional trial track and allow those defendants or respondents the opportunity to obtain treatment services to address particular issues that may have contributed to the conduct that led to their arrest or other issues before the court.

Trial courts have proved adept at creative approaches in fashioning a wide variety of therapeutic courts addressing the spectrum of social issues that can contribute to criminal activity and engagement with the child welfare system.

(2) The legislature further finds that by focusing on the specific individual's needs, providing treatment for the issues presented, and ensuring rapid and appropriate accountability for program violations, therapeutic courts may decrease recidivism, improve the safety of the community, and improve the life of the program participant and the lives of the participant's family members by decreasing the severity and frequency of the specific behavior addressed by the therapeutic court.

(3) The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish therapeutic courts, and the outstanding contribution to the state and local communities made by the establishment of therapeutic courts and desires to provide a general provision in statute acknowledging and encouraging the judiciary to provide for therapeutic court programs to address the particular needs within a given judicial jurisdiction.

(4) Therapeutic court programs may include, but are not limited to:

(a) Adult drug court;

(b) Juvenile drug court;

(c) Family dependency treatment court or family drug court;

(d) Mental health court, which may include participants with developmental disabilities;

p.

38 SB 5073 (e) DUI court;

(f) Veterans treatment court;

(g) Truancy court;

(h) Domestic violence court;

(i) Gambling court;

(j) Community court;

(k) Homeless court;

(l) Treatment, responsibility, and accountability on campus (Back on TRAC) court;

and (m) Involuntary treatment act therapeutic treatment courts, which monitor and assist patients who are in the community under an assisted outpatient behavioral health treatment order, conditional release order, or less restrictive alternative order entered under chapter 71.05 RCW.

Sec.

17.

(iv) Who is providing services under chapter 71.24 RCW;

3739 SSBSB 5073 (iv)(v) Who is providingemployed servicesby undera chapterstate 71.24or RCW;local correctional facility where the person is confined or supervised;

(v) Who is employed by a state or local correctional facility where the person is confined or supervised;

(e)(i) When a mental health professional or designated crisis responder is requested by a representative of a law enforcement or corrections agency, including a police officer, sheriff, community corrections officer, a municipal attorney, or prosecuting attorney to p.

3840 SSBSB 5073 corrections officer, a municipal attorney, or prosecuting attorney to undertake an investigation or provide treatment under RCW 71.05.150, 10.31.110, or 71.05.153, the mental health professional or designated crisis responder shall, if requested to do so, advise the representative in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated.

(i)(i) To appropriate corrections and law enforcement agencies all necessary and relevant information in the event of a crisis or p.

3941 SSBSB 5073 (i)(i) To appropriate corrections and law enforcement agencies all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public.

(k) By a care coordinator under RCW 71.05.585 assigned to a person ordered to receive lesscourt-ordered restrictiveinvoluntary alternativeoutpatient behavioral health treatment for the purpose of sharing information to parties necessary for the implementation of proceedings under chapter 71.05 or 10.77 RCW;

4042 SSBSB 5073 (iii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;

(((r))) (s) Within the department and the authority as necessary to coordinate treatment for mental illness, developmental disabilities, ((alcoholism,))alcoholism, or substance use disorder of persons who are under the supervision of the department;

(((s))) (t) Between the department of social and health services, the department of children, youth, and families, and the health care authority as necessary to coordinate treatment for mental illness, developmental disabilities, ((alcoholism,alcoholism, or drug abuse))abuse or substance use disorder of persons who are under the supervision of p.the department of social and health services or the department of children, youth, and families;

41p. SSB 5073 the department of social and health services or the department of children, youth, and families;

43 SB 5073 (((t))) (u) To a licensed physician or psychiatric advanced registered nurse practitioner who has determined that the life or health of the person is in danger and that treatment without the information and records related to mental health services could be injurious to the patient's health.

(((x))) (y) To the person's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or p.

4244 SSBSB 5073 (((x))) (y) To the person's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW;

(((aa))) (bb)(i) To the secretary of social and health services and the director of the health care authority for either program evaluation or research, or both so long as the secretary or director, where applicable, adopts rules for the conduct of the evaluation or p.research, or both.

43 SSB 5073 research, or both.

"Asp. a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, .

45 SB 5073 "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, .

(5) The fact of admission to a provider of mental health services, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to chapter 71.05 RCW are not admissible as evidence in any legal proceeding outside that chapter without the written authorization of the person who was the subject of the proceeding except as provided in RCW 70.02.260, in a subsequent criminal prosecution of a person committed p.

4446 SSBSB 5073 outside that chapter without the written authorization of the person who was the subject of the proceeding except as provided in RCW 70.02.260, in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(4)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial, in a civil commitment proceeding pursuant to chapter 71.09 RCW, or, in the case of a minor, a guardianship or dependency proceeding.

17.18.

The fact of admission and all information and records related to mental health services obtained through inpatient or outpatient treatment of a minor under chapter 71.34 RCW must be kept confidential, except as authorized by this section or under RCW p.70.02.050, 70.02.210, 70.02.230, 70.02.250, 70.02.260, and 70.02.265.

45 SSB 5073 70.02.050, 70.02.210, 70.02.230, 70.02.250, 70.02.260, and 70.02.265.

(1)p. In communications between mental health professionals to meet the requirements of chapter 71.34 RCW, in the provision of services to the minor, or in making appropriate referrals;

47 SB 5073 (1) In communications between mental health professionals to meet the requirements of chapter 71.34 RCW, in the provision of services to the minor, or in making appropriate referrals;

(5) By a care coordinator under RCW 71.34.755 assigned to a person ordered to receive lesscourt-ordered restrictiveinvoluntary alternativeoutpatient behavioral health treatment for the purpose of sharing information to parties necessary for the implementation of proceedings under chapter 71.34 or 10.77 RCW;

., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research p.

4648 SSBSB 5073 information obtained in the course of such evaluation or research regarding minors who have received services in a manner such that the minor is identifiable.

4749 SSBSB 5073 (a) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment, and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW 9.41.047(1), must be disclosed upon request;

18.19.

4850 SSBSB 5073 (i) The chief of police of the city, if any, in which the person will reside;

4951 SSBSB 5073 the superintendent shall also notify the witnesses and the victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW 10.77.086(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(4) or the victim's next of kin if the crime was a homicide.

19.20.

RCW 71.24.035 and 2020 c 256 s 202 are each amended to read as follows:

(1) The authority is designated as the state behavioral health authority which includes recognition as the single state authority for substance use disorders and state mental health authority.

(2) The director shall provide for public, client, tribal, and licensed or certified behavioral health agency participation in developing the state behavioral health program, developing related contracts, and any waiver request to the federal government under medicaid.

(3) The director shall provide for participation in developing the state behavioral health program for children and other p.

52 SB 5073 underserved populations, by including representatives on any committee established to provide oversight to the state behavioral health program.

(4) The authority shall be designated as the behavioral health administrative services organization for a regional service area if a behavioral health administrative services organization fails to meet the authority's contracting requirements or refuses to exercise the responsibilities under its contract or state law, until such time as a new behavioral health administrative services organization is designated.

(5) The director shall:

(a) Assure that any behavioral health administrative services organization, managed care organization, or community behavioral health program provides medically necessary services to medicaid recipients consistent with the state's medicaid state plan or federal waiver authorities, and nonmedicaid services consistent with priorities established by the authority;

(b) Develop contracts in a manner to ensure an adequate network of inpatient services, evaluation and treatment services, and facilities under chapter 71.05 RCW to ensure access to treatment, resource management services, and community support services;

(c) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including managed care contracts for behavioral health services, contracts entered into under RCW 74.09.522, and contracts with public and private agencies, organizations, and individuals to pay them for behavioral health services;

(d) Define administrative costs and ensure that the behavioral health administrative services organization does not exceed an administrative cost of ten percent of available funds;

(e) Establish, to the extent possible, a standardized auditing procedure which is designed to assure compliance with contractual agreements authorized by this chapter and minimizes paperwork requirements.

The audit procedure shall focus on the outcomes of service as provided in RCW 71.24.435, 70.320.020, and 71.36.025;

(f) Develop and maintain an information system to be used by the state and behavioral health administrative services organizations and managed care organizations that includes a tracking method which allows the authority to identify behavioral health clients' participation in any behavioral health service or public program on p.

53 SB 5073 an immediate basis.

The information system shall not include individual patient's case history files.

Confidentiality of client information and records shall be maintained as provided in this chapter and chapter 70.02 RCW;

(g) Monitor and audit behavioral health administrative services organizations as needed to assure compliance with contractual agreements authorized by this chapter;

(h) Monitor and audit access to behavioral health services for individuals eligible for medicaid who are not enrolled in a managed care organization;

(i) Adopt such rules as are necessary to implement the authority's responsibilities under this chapter;

(j) Administer or supervise the administration of the provisions relating to persons with substance use disorders and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;

(k) Require the behavioral health administrative services organizations and the managed care organizations to develop agreements with tribal, city, and county jails and the department of corrections to accept referrals for enrollment on behalf of a confined person, prior to the person's release;

(l) Require behavioral health administrative services organizations and managed care organizations, as applicable, to provide services as identified in RCW 71.05.585 to individuals committed for involuntary commitment under ((less restrictive alternative court orders)) court-ordered involuntary outpatient behavioral health treatment when:

(i) The individual is enrolled in the medicaid program;

or (ii) The individual is not enrolled in medicaid, does not have other insurance which can pay for the services, and the behavioral health administrative services organization has adequate available resources to provide the services;

and (m) Coordinate with the centers for medicare and medicaid services to provide that behavioral health aide services are eligible for federal funding of up to one hundred percent.

(6) The director shall use available resources only for behavioral health administrative services organizations and managed care organizations, except:

p.

54 SB 5073 (a) To the extent authorized, and in accordance with any priorities or conditions specified, in the biennial appropriations act;

or (b) To incentivize improved performance with respect to the client outcomes established in RCW 71.24.435, 70.320.020, and 71.36.025, integration of behavioral health and medical services at the clinical level, and improved care coordination for individuals with complex care needs.

(7) Each behavioral health administrative services organization, managed care organization, and licensed or certified behavioral health agency shall file with the secretary of the department of health or the director, on request, such data, statistics, schedules, and information as the secretary of the department of health or the director reasonably requires.

A behavioral health administrative services organization, managed care organization, or licensed or certified behavioral health agency which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may be subject to the contractual remedies in RCW 74.09.871 or may have its service provider certification or license revoked or suspended.

(8) The superior court may restrain any behavioral health administrative services organization, managed care organization, or service provider from operating without a contract, certification, or a license or any other violation of this section.

The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.

(9) Upon petition by the secretary of the department of health or the director, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary of the department of health or the director authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any behavioral health administrative services organization, managed care organization, or service provider refusing to consent to inspection or examination by the authority.

(10) Notwithstanding the existence or pursuit of any other remedy, the secretary of the department of health or the director may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, p.

55 SB 5073 conduct, or operation of a behavioral health administrative services organization, managed care organization, or service provider without a contract, certification, or a license under this chapter.

(11) The authority shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.

(12) The authority, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by freestanding evaluation and treatment facilities licensed under chapter 71.12 RCW or certified under chapter 71.05 RCW.

The authority shall periodically share the results of its efforts with the appropriate committees of the senate and the house of representatives.

(13) The authority may:

(a) Plan, establish, and maintain substance use disorder prevention and substance use disorder treatment programs as necessary or desirable;

(b) Coordinate its activities and cooperate with behavioral programs in this and other states, and make contracts and other joint or cooperative arrangements with state, tribal, local, or private agencies in this and other states for behavioral health services and for the common advancement of substance use disorder programs;

(c) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;

(d) Keep records and engage in research and the gathering of relevant statistics;

and (e) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide substance use disorder treatment programs.

Sec.

21.

(1)p. "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;

(2)56 "Alcoholism"SB means5073 a(1) disease,"Admission" characterizedor by"admit" means a dependencydecision onby alcoholica beverages,physician, lossphysician ofassistant, controlor overpsychiatric theadvanced amountregistered andnurse circumstancespractitioner ofthat use,a symptomsperson ofshould tolerance,be physiologicalexamined or psychologicaltreated withdrawal,as ora both,patient ifin usea ishospital; reduced or discontinued, p.

50(2) SSB"Alcoholism" 5073means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;

This includes, but is not limited to((,to, hospitals)):hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, approved substance use disorder treatment programs as defined in this section, secure withdrawal management and stabilization facilities as defined in this section, and correctional facilities operated by state and local governments;

Hospitals licensed under chapter 70.41 RCW((,));

evaluation and treatment facilities as defined in this section((,));

community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025((,));

licensed or certified behavioral health agencies under RCW 71.24.037;

facilities conducting competency evaluations and restoration under chapter 10.77 RCW((,));

approved substance use disorder treatment programs as defined in this section((,));

secure withdrawal management and stabilization facilities as defined in this section((,));

and correctional facilities operated by state and local governments;

(9) "Co-occurring disorder specialist" means an individual possessing an enhancement granted by the department of health under chapter 18.205 RCW that certifies the individual to provide substance use disorder counseling subject to the practice limitations under RCW 18.205.105;

5157 SSBSB 5073 (10)(9) "Commitment""Co-occurring disorder specialist" means thean determinationindividual possessing an enhancement granted by athe courtdepartment thatof ahealth personunder shouldchapter be18.205 detainedRCW forthat acertifies periodthe ofindividual eitherto evaluationprovide orsubstance treatment,use ordisorder both,counseling insubject anto inpatientthe orpractice alimitations lessunder restrictiveRCW setting;18.205.105;

(10) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

(20)p. "Discharge" means the termination of hospital medical authority.

58 SB 5073 (20) "Discharge" means the termination of hospital medical authority.

(21) "Drug addiction" means a disease, characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or p.psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;

52 SSB 5073 psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;

(26) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a behavioral health facility, or in confinement as a result of a criminal conviction;

5359 SSBSB 5073 (27)(26) "Imminent""History meansof theone state or conditionmore violent acts" refers to the period of beingtime likelyten years prior to occurthe atfiling of a petition under this chapter, excluding any momenttime orspent, nearbut atnot hand,any ratherviolent thanacts distantcommitted, in a behavioral health facility, or remote;in confinement as a result of a criminal conviction;

(27) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;

(30) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals;

(31) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

5460 SSBSB 5073 (32)(30) "Legal"Intoxicated counsel"person" means attorneysa andperson staffwhose employedmental by county prosecutor offices or thephysical statefunctioning attorneyis generalsubstantially actingimpaired in their capacity as legala representativesresult of publicthe behavioraluse healthof servicealcohol providersor underother RCWpsychoactive 71.05.130;chemicals;

(31) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

(32) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public behavioral health service providers under RCW 71.05.130;

This term includes:may be used to refer to treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320, a conditional release order under RCW 71.05.340, or an assisted outpatient behavioral health treatment order under RCW 71.05.148;

Treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320;

treatment pursuant to a conditional release under RCW 71.05.340;

and treatment pursuant to an assisted outpatient behavioral health treatment order under RCW 71.05.148;

(38) "Mental health professional" means a psychiatrist, psychologist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, psychiatricp. nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

p.61 SB 5073 psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

55 SSB 5073 (39) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

(46) "Public agency" means any evaluation and treatment facility or institution, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders, if the agency is operated directly by federal, state,p. county, or municipal government, or a combination of such governments;

p.62 SB 5073 state, county, or municipal government, or a combination of such governments;

56 SSB 5073 (47) "Release" means legal termination of the commitment under the provisions of this chapter;

(53) "Substance use disorder professional" means a person certified as a substance use disorder professional by the department of health under chapter 18.205 RCW;

5763 SSBSB 5073 (54)(53) "Therapeutic"Substance courtuse personnel"disorder professional" means the staff of a mentalperson healthcertified courtas or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a courtsubstance monitor,use prosecutingdisorder attorney,professional orby defense counsel acting within the scopedepartment of therapeutichealth courtunder duties;chapter 18.205 RCW;

(54) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;

"Store and forward technology" means use of an asynchronous transmission of a person's medical information from a mental health servicep. provider to the designated crisis responder which results in medical diagnosis, consultation, or treatment;

p.64 SB 5073 service provider to the designated crisis responder which results in medical diagnosis, consultation, or treatment;

58 SSB 5073 (58) "Violent act" means behavior that resulted in homicide, attempted suicide, injury, or substantial loss or damage to property((;property;

Such orders shall be entered into the Washington crime information center database)).database.

20.22.

(7) "Behavioral health disorder" means either a mental disorder as defined in this section, a substance use disorder as defined in thisp. section, or a co-occurring mental disorder and substance use disorder;

p.65 SB 5073 this section, or a co-occurring mental disorder and substance use disorder;

59 SSB 5073 (8) "Behavioral health service provider" means a public or private agency that provides mental health, substance use disorder, or co-occurring disorder services to persons with behavioral health disorders as defined under this section and receives funding from public sources.

This includes, but is not limited to((,to, hospitals)):hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, approved substance use disorder treatment programs as defined in this section, secure withdrawal management and stabilization facilities as defined in this section, and correctional facilities operated by state and local governments;

Hospitals licensed under chapter 70.41 RCW((,));

evaluation and treatment facilities as defined in this section((,));

community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025((,));

licensed or certified behavioral health agencies under RCW 71.24.037;

facilities conducting competency evaluations and restoration under chapter 10.77 RCW((,));

approved substance use disorder treatment programs as defined in this section((,));

secure withdrawal management and stabilization facilities as defined in this section((,));

and correctional facilities operated by state and local governments;

6066 SSBSB 5073 Indian health care provider, to perform the duties specified in this chapter;

6167 SSBSB 5073 essential human needs of health or safety;

6268 SSBSB 5073 (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

This term includes:may be used to refer to treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320, a conditional release order under RCW 71.05.340, or an assisted outpatient behavioral health treatment order under RCW 71.05.148;

Treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320;

treatment pursuant to a conditional release under RCW 71.05.340;

and treatment pursuant to an assisted outpatient behavioral health treatment order under RCW 71.05.148;

(ii) physical harm will be inflicted by a person upon another, as p.

6369 SSBSB 5073 physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm;

(43) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner p.

6470 SSBSB 5073 (43) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW;

and (iv) Discharge assistance provided by certified substance use disorder professionals or co-occurring disorder specialists, including facilitating transitions to appropriate voluntary or p.

6571 SSBSB 5073 (iv) Discharge assistance provided by certified substance use disorder professionals or co-occurring disorder specialists, including facilitating transitions to appropriate voluntary or involuntary inpatient services or to less restrictive alternatives as appropriate for the individual;

Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department of social and health services, the department, the authority, behavioral health administrative services organizations, managed care organizations, or p.a treatment facility if the notes or records are not available to others;

66p. SSB 5073 a treatment facility if the notes or records are not available to others;

72 SB 5073 (56) "Triage facility" means a short-term facility or a portion of a facility licensed or certified by the department, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department residential treatment facility standards.

(58) "Violent act" means behavior that resulted in homicide, attempted suicide, injury, or substantial loss or damage to property((;property;

Such orders shall be entered into the Washington crime information center database)).database.

21.23.

(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or p.psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;

67p. SSB 5073 psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;

73 SB 5073 (3) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;

This includes, but is not limited to((,to, hospitals)):hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, approved substance use disorder treatment programs as defined in this section, secure withdrawal management and stabilization facilities as defined in this section, and correctional facilities operated by state and local governments;

Hospitals licensed under chapter 70.41 RCW((,));

evaluation and treatment facilities as defined in this section((,));

community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025((,));

licensed or certified behavioral health agencies under RCW 71.24.037;

facilities conducting competency evaluations and restoration under chapter 10.77 RCW((,));

approved substance use disorder treatment programs as defined in this section((,));

secure withdrawal management and stabilization facilities as defined in this section((,));

and correctional facilities operated by state and local governments;

p.(10) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

68 SSB 5073 (10) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

(12)p. "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed or certified by the department, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;

74 SB 5073 (12) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed or certified by the department, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;

(21) "Drug addiction" means a disease, characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or p.psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;

69(22) SSB"Evaluation 5073and psychologicaltreatment withdrawal,facility" ormeans both,any iffacility usewhich iscan reducedprovide directly, or discontinued,by anddirect impairmentarrangement ofwith healthother orpublic disruption of social or economicp. functioning;

(22)75 "EvaluationSB and5073 treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is licensed or certified as such by the department.

p.(27) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;

70 SSB 5073 (27) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;

(b) is unlikelyp. to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, based on a history of nonadherence with treatment or in view of the person's current behavior;

76 SB 5073 unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, based on a history of nonadherence with treatment or in view of the person's current behavior;

p.(32) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public behavioral health service providers under RCW 71.05.130;

71(33) SSB"Less 5073restrictive (32)alternative "Legaltreatment" counsel" means attorneysa andprogram staffof employedindividualized bytreatment county prosecutor offices or the state attorney general acting in theira capacityless asrestrictive legalsetting representativesthan ofinpatient publicp. behavioral health service providers under RCW 71.05.130;

(33)77 "LessSB restrictive5073 alternative treatment" means a program of individualized treatment in a less restrictive setting than inpatient treatment that includes the services described in RCW 71.05.585.

This term includes:may be used to refer to treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320, a conditional release order under RCW 71.05.340, or an assisted outpatient behavioral health treatment order under RCW 71.05.148;

Treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320;

treatment pursuant to a conditional release under RCW 71.05.340;

and treatment pursuant to an assisted outpatient behavioral health treatment order under RCW 71.05.148;

p.(39) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

72 SSB 5073 (39) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

(41) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed inp. whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, or approved substance use disorder treatment program, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders;

78 SB 5073 in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, or approved substance use disorder treatment program, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders;

p.(47) "Release" means legal termination of the commitment under the provisions of this chapter;

73 SSB 5073 (47) "Release" means legal termination of the commitment under the provisions of this chapter;

(50) "Secure withdrawal management and stabilization facility" means a facility operated by either a public or private agency or by the program of an agency which provides care to voluntary individuals andp. individuals involuntarily detained and committed under this chapter for whom there is a likelihood of serious harm or who are gravely disabled due to the presence of a substance use disorder.

79 SB 5073 and individuals involuntarily detained and committed under this chapter for whom there is a likelihood of serious harm or who are gravely disabled due to the presence of a substance use disorder.

The diagnosis of a substance use disorder is based on a p.pathological pattern of behaviors related to the use of the substances;

74 SSB 5073 pathological pattern of behaviors related to the use of the substances;

(55) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney,p. or defense counsel acting within the scope of therapeutic court duties;

80 SB 5073 attorney, or defense counsel acting within the scope of therapeutic court duties;

p."Store and forward technology" means use of an asynchronous transmission of a person's medical information from a mental health service provider to the designated crisis responder which results in medical diagnosis, consultation, or treatment;

75(59) SSB"Violent 5073act" "Store and forward technology" means usebehavior ofthat anresulted asynchronousin transmissionhomicide, ofattempted asuicide, person'sinjury, medicalor informationsubstantial fromloss aor mentaldamage health service provider to theproperty; designated crisis responder which results in medical diagnosis, consultation, or treatment;

(59)(60) "Violent"Written act"order of apprehension" means behavioran thatorder resultedof the court for a peace officer to deliver the named person in homicide,the attemptedorder suicide,to injury,a facility or substantialemergency lossroom oras damagedetermined toby property((;the designated crisis p.

(60)81 "WrittenSB order5073 of apprehension" means an order of the court for a peace officer to deliver the named person in the order to a facility or emergency room as determined by the designated crisis responder.

Such orders shall be entered into the Washington crime information center database)).database.

22.24.

p.(7) "Behavioral health disorder" means either a mental disorder as defined in this section, a substance use disorder as defined in this section, or a co-occurring mental disorder and substance use disorder;

76 SSB 5073 (7) "Behavioral health disorder" means either a mental disorder as defined in this section, a substance use disorder as defined in this section, or a co-occurring mental disorder and substance use disorder;

This includes, but is not limited toto, ((,hospitals hospitals)):licensed under chapter 70.41 RCW, evaluation and treatment facilities p.

Hospitals82 licensedSB 5073 as defined in this section, community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 70.4110.77 RCW((,));RCW, approved substance use disorder treatment programs as defined in this section, secure withdrawal management and stabilization facilities as defined in this section, and correctional facilities operated by state and local governments;

evaluation and treatment facilities as defined in this section((,));

community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025((,));

licensed or certified behavioral health agencies under RCW 71.24.037;

facilities conducting competency evaluations and restoration under chapter 10.77 RCW((,));

approved substance use disorder treatment programs as defined in this section((,));

secure withdrawal management and stabilization facilities as defined in this section((,));

and correctional facilities operated by state and local governments;

p.(15) "Designated crisis responder" means a mental health professional appointed by the county, by an entity appointed by the county, or by the authority in consultation with a federally recognized Indian tribe or after meeting and conferring with an Indian health care provider, to perform the duties specified in this chapter;

77 SSB 5073 (15) "Designated crisis responder" means a mental health professional appointed by the county, by an entity appointed by the county, or by the authority in consultation with a federally recognized Indian tribe or after meeting and conferring with an Indian health care provider, to perform the duties specified in this chapter;

(17) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, psychiatric advanced registered nurse practitioner,p. or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department of social and health services;

83 SB 5073 practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department of social and health services;

No p.correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

78 SSB 5073 correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

Habilitative services include education, trainingp. for employment, and therapy.

84 SB 5073 training for employment, and therapy.

p.(29) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:

79 SSB 5073 (29) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:

(f)p. Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release;

85 SB 5073 (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release;

This term includes:may be used to refer to treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320, a conditional release order under RCW 71.05.340, or an assisted outpatient behavioral health treatment order under RCW 71.05.148;

Treatment pursuant to a less restrictive alternative treatment order under RCW 71.05.240 or 71.05.320;

treatment pursuant to a conditional release under RCW 71.05.340;

and treatment pursuant to an assisted outpatient behavioral health treatment order under RCW 71.05.148;

p.(35) "Likelihood of serious harm" means:

80 SSB 5073 (35) "Likelihood of serious harm" means:

(36)p. "Medical clearance" means a physician or other health care provider has determined that a person is medically stable and ready for referral to the designated crisis responder;

86 SB 5073 (36) "Medical clearance" means a physician or other health care provider has determined that a person is medically stable and ready for referral to the designated crisis responder;

(42) "Professional person" means a mental health professional, substance use disorder professional, or designated crisis responder and shall also mean a physician, physician assistant, psychiatric p.advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

81 SSB 5073 advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

(44) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic associationp. and is certified or eligible to be certified by the American board of psychiatry and neurology;

87 SB 5073 association and is certified or eligible to be certified by the American board of psychiatry and neurology;

p.(iii) Acute or subacute detoxification services for intoxicated individuals;

82 SSB 5073 (iii) Acute or subacute detoxification services for intoxicated individuals;

(51)p. "Severe deterioration from safe behavior" means that a person will, if not treated, suffer or continue to suffer severe and abnormal mental, emotional, or physical distress, and this distress is associated with significant impairment of judgment, reason, or behavior;

88 SB 5073 (51) "Severe deterioration from safe behavior" means that a person will, if not treated, suffer or continue to suffer severe and abnormal mental, emotional, or physical distress, and this distress is associated with significant impairment of judgment, reason, or behavior;

Treatment records include mental p.health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service.

83 SSB 5073 health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service.

(57)p. "Triage facility" means a short-term facility or a portion of a facility licensed or certified by the department, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department residential treatment facility standards.

89 SB 5073 (57) "Triage facility" means a short-term facility or a portion of a facility licensed or certified by the department, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department residential treatment facility standards.

(59) "Violent act" means behavior that resulted in homicide, attempted suicide, injury, or substantial loss or damage to property((;property;

Such orders shall be entered into the Washington crime information center database)).database.

23.25.

(1) Sections 4 and 28 ((of this act)), chapter 302, Laws of 2020 and,and untilsections July23 1,and 2022,24 section 21 of this act and,take beginningeffect Julywhen 1,monthly 2022,single- sectionbed 22certifications ofauthorized thisunder actRCW take71.05.745 effectfall whenbelow monthly200 single-bedreports p.for 3 consecutive months.

84(2) SSBThe 5073health certificationscare authorizedauthority undermust RCWprovide 71.05.745written fallnotice belowof 200the reportseffective fordate 3of consecutivesections months.4 and 28 ((of this act)), chapter 302, Laws of 2020 and sections 23 and 24 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the authority.

(2)NEW TheSECTION. health care authority must provide written notice of the effective date of sections 4 and 28 ((of this act)), chapter 302, Laws of 2020 and sections 21 and 22 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the authority.

24.

RCW 71.34.020 and 2020 c 302 s 63, 2020 c 274 s 50, and 2020 c 185 s 2 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practitioner that a minor should be examined or treated as a patient in a hospital.

(2) "Adolescent" means a minor thirteen years of age or older.

(3) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

(4) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to, atypical antipsychotic medications.

(5) "Approved substance use disorder treatment program" means a program for minors with substance use disorders provided by a treatment program licensed or certified by the department of health as meeting standards adopted under chapter 71.24 RCW.

(6) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a minor patient.

(7) "Authority" means the Washington state health care authority.

(8) "Behavioral health administrative services organization" has the same meaning as provided in RCW 71.24.025.

(9) "Behavioral health disorder" means either a mental disorder as defined in this section, a substance use disorder as defined in p.

85 SSB 5073 this section, or a co-occurring mental disorder and substance use disorder.

(10) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.

(11) "Children's mental health specialist" means:

(a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children;

and (b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.

(12) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.

(13) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms.

(14) "Co-occurring disorder specialist" means an individual possessing an enhancement granted by the department of health under chapter 18.205 RCW that certifies the individual to provide substance use disorder counseling subject to the practice limitations under RCW 18.205.105.

(15) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed or certified by the department of health under RCW 71.24.035, such as a residential treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization.

(16) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.

(17) "Department" means the department of social and health services.

(18) "Designated crisis responder" has the same meaning as provided in RCW 71.05.020.

p.

86 SSB 5073 (19) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter.

(20) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department.

(21) "Developmental disability" has the same meaning as defined in RCW 71A.10.020.

(22) "Director" means the director of the authority.

(23) "Discharge" means the termination of hospital medical authority.

The commitment may remain in place, be terminated, or be amended by court order.

(24) "Evaluation and treatment facility" means a public or private facility or unit that is licensed or certified by the department of health to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors.

A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility for minors.

A facility which is part of or operated by the state or federal agency does not require licensure or certification.

No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.

(25) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.

(26) "Gravely disabled minor" means a minor who, as a result of a behavioral health disorder, (a) is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

(27) "Habilitative services" means those services provided by program personnel to assist minors in acquiring and maintaining life p.

87 SSB 5073 skills and in raising their levels of physical, behavioral, social, and vocational functioning.

Habilitative services include education, training for employment, and therapy.

(28) "Hearing" means any proceeding conducted in open court that conforms to the requirements of RCW 71.34.910.

(29) "History of one or more violent acts" refers to the period of time five years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility, a long-term ((alcoholism or drug)) substance use disorder treatment facility, or in confinement as a result of a criminal conviction.

(30) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which states:

(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

(b) The conditions and strategies necessary to achieve the purposes of habilitation;

(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;