H-3730.1
HOUSE BILL 2448
State of Washington | 66th Legislature | 2020 Regular Session |
ByRepresentatives Schmick, Chambers, and Cody
Read first time 01/14/20.Referred to Committee on Health Care & Wellness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
70.97.010 and 2019 c 444 s 14 and 2019 c 325 s 5022 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) (("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.
(2) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.
(3) "Commitment" means the determination by a court that an individual should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.
(4) "Conditional release" means a modification of a commitment that may be revoked upon violation of any of its terms.
(5) "Custody" means involuntary detention under chapter 71.05 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment. (6))) "Department" means the department of social and health services.
((
(7) "Designated crisis responder" has the same meaning as in chapter 71.05 RCW.(8) "Detention" or "detain" means the lawful confinement of an individual under chapter 71.05 RCW. (9)))(2) "Discharge" means ((the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order))a transfer to another facility or setting.
(((10)))(3) "Enhanced services facility" means a facility that provides ((treatment))support and services to persons for whom acute inpatient treatment is not medically necessary ((and who have been determined by the department to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues)).
(((11)))(4) "Expanded community services program" means a nonsecure program of enhanced behavioral and residential support provided to long-term and residential care providers serving specifically eligible clients who would otherwise be at risk for hospitalization at state hospital geriatric units.
(((12)))(5) "Facility" means an enhanced services facility.
(((13) "Gravely disabled" means a condition in which an individual, as a result of a mental disorder, as a result of the use of alcohol or other psychoactive chemicals, or both:
(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.
(14) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter or chapter 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction. (15) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(16) "Likelihood of serious harm" means:
(a) A substantial risk that:
(i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(ii) Physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or
(iii) Physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts.
(17) "Mental disorder"))(6) "Behavioral health condition" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.
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(18) "Mental))
(7) "Behavioral health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other ((
mental))
behavioral health professionals as may be defined by rules adopted by the secretary under the authority of chapter
71.05 RCW.
(((19)))(8) "Professional person" means a ((mental))behavioral health professional and also ((means))includes a physician, registered nurse, and such others as may be defined in rules adopted by the secretary pursuant to the provisions of this chapter.
(((20) "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 association and is certified or eligible to be certified by the American board of psychiatry and neurology.
(21) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW. (22) "Registration records" include all the records of the authority, department, behavioral health administrative services organizations, managed care organizations, treatment facilities, and other persons providing services to such entities which identify individuals who are receiving or who at any time have received services for mental illness.
(23) "Release" means legal termination of the commitment under chapter 71.05 RCW. (24)))(9) "Resident" means a person admitted to an enhanced services facility.
(((25)))(10) "Secretary" means the secretary of the department or the secretary's designee.
(((26) "Significant change" means:
(a) A deterioration in a resident's physical, mental, or psychosocial condition that has caused or is likely to cause clinical complications or life-threatening conditions; or
(b) An improvement in the resident's physical, mental, or psychosocial condition that may make the resident eligible for release or for treatment in a less intensive or less secure setting.
(27)))
(11) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW
18.320.010.
(((28) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances.
(29) "Substance use disorder professional" means a person certified as a substance use disorder professional by the department of health under chapter 18.205 RCW. (30) "Treatment" means the broad range of emergency, detoxification, residential, inpatient, and outpatient services and care, including diagnostic evaluation, mental health or substance use disorder education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, which may be extended to persons with mental disorders, substance use disorders, or both, and their families.
(31) "Treatment records" include registration and all other records concerning individuals who are receiving or who at any time have received services for mental illness, which are maintained by the department or the health care authority, by behavioral health administrative services organizations or their staffs, managed care organizations contracted with the health care authority under chapter 74.09 RCW or their staffs, and by treatment facilities. "Treatment records" do not include notes or records maintained for personal use by an individual providing treatment services for the department, the health care authority, behavioral health administrative services organizations, managed care organizations, or a treatment facility if the notes or records are not available to others. (32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.))
Sec. 2. RCW
70.97.030 and 2019 c 444 s 15 are each amended to read as follows:
A person, eighteen years old or older, may be admitted to an enhanced services facility if he or she meets the criteria in subsections (1) through (3) of this section:
(1) The person requires: (a) Daily care by or under the supervision of a ((mental))behavioral health professional((, substance use disorder professional,)) or nurse; ((or))and (b) assistance with three or more activities of daily living; and
(2) The person has: (a) A ((mental disorder, chemical dependency disorder, or both))behavioral health condition; (b) an organic or traumatic brain injury; or (c) a cognitive impairment that results in symptoms or behaviors requiring supervision and ((facility))support services; and
(3) The person has ((two or more of the following:
(a) Self-endangering behaviors that are frequent or difficult to manage;
(b) Aggressive, threatening, or assaultive behaviors that create a risk to the health or safety of other residents or staff, or a significant risk to property and these behaviors are frequent or difficult to manage;
(c) Intrusive behaviors that put residents or staff at risk;
(d) Complex medication needs and those needs include psychotropic medications;
(e) A history of or likelihood of unsuccessful placements in either a licensed facility or other state facility or a history of rejected applications for admission to other licensed facilities based on the person's behaviors, history, or security needs;
(f) A history of frequent or protracted behavioral health hospitalizations;
(g) A history of offenses against a person or felony offenses that created substantial damage to property))been assessed as medically and psychiatrically stable and two or more of the following apply:
(a) Is currently residing in a state mental hospital or psychiatric unit of a hospital and the hospital has found the person to be ready for discharge;
(b) Has a history of an inability to remain medically or psychiatrically stable for more than six months;
(c) Has exhibited serious challenging behaviors within the last year;<