CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 2088
Chapter 370, Laws of 2024
68th Legislature
2024 Regular Session
BEHAVIORAL HEALTH CRISIS RESPONSE—LIABILITY
EFFECTIVE DATE: June 6, 2024
Passed by the House February 8, 2024 CERTIFICATE
Yeas 96 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED HOUSE BILL 2088 as passed
by the House of Representatives and
the Senate on the dates hereon set
forth.
Passed by the Senate February 27,
2024
Yeas 49 Nays 0 BERNARD DEAN
Chief Clerk
DENNY HECK
President of the Senate
Approved March 29, 2024 11:10 AM FILED
April 1, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
ENGROSSED HOUSE BILL 2088
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Representatives Orwall, Reed, Ormsby, Ramel, Macri, Cheney,
Lekanoff, Riccelli, Wylie, and Reeves; by request of Health Care
Authority
Prefiled 01/03/24. Read first time 01/08/24. Referred to Committee
on Civil Rights & Judiciary.
1 AN ACT Relating to extending liability protections for responders
2 dispatched from mobile rapid response crisis teams and community-
3 based crisis teams; and amending RCW 71.24.907.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 71.24.907 and 2023 c 454 s 13 are each amended to
6 read as follows:
7 (1) No act or omission related to the dispatching decisions of
8 any crisis call center staff or designated 988 contact hub staff with
9 endorsed mobile rapid response crisis team and community-based crisis
10 team dispatching responsibilities done or omitted in good faith
11 within the scope of the individual's employment responsibilities with
12 the crisis call center or designated 988 contact hub and in
13 accordance with dispatching procedures adopted both by the behavioral
14 health administrative services organization and the crisis call
15 center or the designated 988 contact hub and approved by the
16 authority shall impose liability upon:
17 (a) The clinical staff of the crisis call center or designated
18 988 contact hub or their clinical supervisors;
19 (b) The crisis call center or designated 988 contact hub or its
20 officers, staff, or employees;
p. 1 EHB 2088.SL
1 (c) Any member of a mobile rapid response crisis team or
2 community-based crisis team endorsed under RCW 71.24.903;
3 (d) The certified public safety telecommunicator or the certified
4 public safety telecommunicator's supervisor; or
5 (e) The public safety answering point or its officers, staff, or
6 employees.
7 (2) No act or omission in the provision of crisis stabilization
8 services, professional on-site community-based intervention,
9 outreach, de-escalation, stabilization, resource connection, or
10 follow-up support, and delivered under the clinical supervision of a
11 mental health professional or an approved medical program director or
12 their delegate, to a person who is experiencing a behavioral health
13 crisis, and which is done or omitted in good faith within the scope
14 of the individual's employment responsibilities, shall impose
15 liability upon:
16 (a) Any staff of an endorsed or nonendorsed mobile rapid response
17 crisis team or community-based crisis team, including teams operated
18 by tribes, or staff of a crisis stabilization unit or a 23-hour
19 crisis relief center, including facilities operated by tribes;
20 (b) Any officer of a public, private, or tribal agency, the
21 superintendent, any professional person in charge or their
22 professional designee, or any attending staff of any such agency; or
23 (c) Any federal, tribal, state, county, city, other local
24 governmental unit, or contracted behavioral health agency, or
25 employees of such units or agencies.
26 (3) This section shall apply to any act or omission by any person
27 or entity listed in subsection (2) of this section involved in the
28 transport of patients to behavioral health services, facilities
29 providing crisis stabilization services, or other needed crisis
30 services.
31 (4) This section shall not apply to any act or omission which
32 constitutes either gross negligence or willful or wanton misconduct.
Passed by the House February 8, 2024.
Passed by the Senate February 27, 2024.
Approved by the Governor March 29, 2024.
Filed in Office of Secretary of State April 1, 2024.
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p. 2 EHB 2088.SL
Statutes affected: Original Bill: 71.24.907
Engrossed Bill: 71.24.907
Bill as Passed Legislature: 71.24.907
Session Law: 71.24.907