"NEW SECTION.  Sec. 1   The legislature finds that designated mental health professionals go out into the community to evaluate people for potential detention under the state's involuntary treatment act. Also, other mental health professionals do crisis outreach work in communities throughout Washington state. The presence of a second mental health professional on outreach to a person's private home or other private location will enhance safety, will provide for a second mental health expert to help evaluate the person's needs, and will advance the legislature's interest in quality mental health care services.

NEW SECTION.  Sec. 2   A new section is added to chapter 71.05 RCW to read as follows:
     (1) If a designated mental health professional or other mental health crisis outreach worker visits a client in the client's private home or in any other nonpublic setting, he or she shall be accompanied by another mental health worker who has received training under section 5 of this act.
     (2) Exceptions may be made to the provisions of subsection (1) of this section only under the following circumstances:
     (a) A comprehensive phone screening and documented assessment was conducted by the assigned designated mental health professional;
     (b) The decision was evidence-based and documented in writing and not due to lack of staffing or time constraints; and
     (c) The documented evidence includes both clinical and environmental assessments which have been approved by the assigned designated mental health professional's supervisor. The environmental assessment shall include reasonable belief that there will be a competent person present in the home during the home visit and there will be no weapons in the home. The clinical assessment shall include the following information regarding the person being assessed: Current mental status, any history of violent behavior, any prior diagnosis, and any suicide assessments. If this information is not available, subsection (1) of this chapter may not be waived.
     (3) Documentation regarding individuals who are assessed must be retained by the agency in the client's file and made available to designated mental health professionals for review.
     (4) There shall be no retaliation against a worker who refuses to go on a home visit alone.

NEW SECTION.  Sec. 3   A new section is added to chapter 71.05 RCW to read as follows:
     The employer shall ensure that any mental health professional who engages in home visits to clients is equipped with an effective emergency communication device.

NEW SECTION.  Sec. 4   A new section is added to chapter 71.05 RCW to read as follows:
     Any mental health professional that is dispatched on a crisis outreach visit shall have prompt access to existing case files, if any exist, on the client they are being sent to evaluate.

NEW SECTION.  Sec. 5   A new section is added to chapter 71.05 RCW to read as follows:
     Annually, all community mental health employees who work directly with clients shall be provided with training on safety and violence prevention. The curriculum for the training shall be developed collaboratively among the department of social and health services, contracted mental health providers, and employee organizations that represent community mental health workers.

NEW SECTION.  Sec. 6   This act shall be known as the Marty Smith Law.

NEW SECTION.  Sec. 7   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2006, in the omnibus appropriations act, this act is null and void."