Passed by the House April 21, 2005 Yeas 97   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 21, 2005 Yeas 42   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1058 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/07/05.
AN ACT Relating to mental health treatment for minors; amending RCW 71.34.042, 71.34.052, and 71.34.270; adding new sections to chapter 71.34 RCW; creating a new section; and recodifying RCW 71.34.010, 71.34.020, 71.34.140, 71.34.032, 71.34.250, 71.34.280, 71.34.260, 71.34.240, 71.34.230, 71.34.210, 71.34.200, 71.34.225, 71.34.220, 71.34.160, 71.34.190, 71.34.170, 71.34.290, 71.34.056, 71.34.800, 71.34.805, 71.34.810, 71.34.015, 71.34.027, 71.34.130, 71.34.270, 71.34.042, 71.34.044, 71.34.046, 71.34.030, 71.34.052, 71.34.025, 71.34.162, 71.34.164, 71.34.035, 71.34.054, 71.34.040, 71.34.050, 71.34.060, 71.34.070, 71.34.080, 71.34.090, 71.34.100, 71.34.120, 71.34.110, 71.34.150, 71.34.180, 71.34.900, and 71.34.901.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that, despite explicit
statements in statute that the consent of a minor child is not required
for a parent-initiated admission to inpatient or outpatient mental
health treatment, treatment providers consistently refuse to accept a
minor aged thirteen or over if the minor does not also consent to
treatment. The legislature intends that the parent-initiated treatment
provisions, with their accompanying due process provisions for the
minor, be made fully available to parents.
Sec. 2 RCW 71.34.042 and 1998 c 296 s 14 are each amended to read
as follows:
(1) A minor thirteen years or older may admit himself or herself to
an evaluation and treatment facility for inpatient mental treatment,
without parental consent. The admission shall occur only if the
professional person in charge of the facility concurs with the need for
inpatient treatment. Parental authorization is required for inpatient
treatment of a minor under the age of thirteen.
(2) When, in the judgment of the professional person in charge of
an evaluation and treatment facility, there is reason to believe that
a minor is in need of inpatient treatment because of a mental disorder,
and the facility provides the type of evaluation and treatment needed
by the minor, and it is not feasible to treat the minor in any less
restrictive setting or the minor's home, the minor may be admitted to
an evaluation and treatment facility.
(3) Written renewal of voluntary consent must be obtained from the
applicant no less than once every twelve months. The minor's need for
continued inpatient treatments shall be reviewed and documented no less
than every one hundred eighty days.
NEW SECTION. Sec. 3 A new section is added to chapter 71.34 RCW
to read as follows:
A minor child shall have no cause of action against an evaluation
and treatment facility, inpatient facility, or provider of outpatient
mental health treatment for admitting or accepting the minor in good
faith for evaluation or treatment under RCW 71.34.052 or 71.34.054
based solely upon the fact that the minor did not consent to evaluation
or treatment if the minor's parent has consented to the evaluation or
treatment.
Sec. 4 RCW 71.34.052 and 1998 c 296 s 17 are each amended to read
as follows:
(1) A parent may bring, or authorize the bringing of, his or her
minor child to an evaluation and treatment facility or an inpatient
facility licensed under chapter 70.41, 71.12, or 72.23 RCW and request
that the professional person as defined in RCW 71.05.020(24) examine
the minor to determine whether the minor has a mental disorder and is
in need of inpatient treatment.
(2) The consent of the minor is not required for admission,
evaluation, and treatment if the parent brings the minor to the
facility.
(3) An appropriately trained professional person may evaluate
whether the minor has a mental disorder. The evaluation shall be
completed within twenty-four hours of the time the minor was brought to
the facility, unless the professional person determines that the
condition of the minor necessitates additional time for evaluation. In
no event shall a minor be held longer than seventy-two hours for
evaluation. If, in the judgment of the professional person, it is
determined it is a medical necessity for the minor to receive inpatient
treatment, the minor may be held for treatment. The facility shall
limit treatment to that which the professional person determines is
medically necessary to stabilize the minor's condition until the
evaluation has been completed. Within twenty-four hours of completion
of the evaluation, the professional person shall notify the department
if the child is held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a minor under
the provisions of this section except that no provider may refuse to
treat a minor under the provisions of this section solely on the basis
that the minor has not consented to the treatment. No provider may
admit a minor to treatment under this section unless it is medically
necessary.
(5) No minor receiving inpatient treatment under this section may
be discharged from the facility based solely on his or her request.
(6) Prior to the review conducted under RCW 71.34.025, the
professional person shall notify the minor of his or her right to
petition superior court for release from the facility.
(7) For the purposes of this section "professional person" ((does
not include a social worker, unless the social worker is certified
under RCW 18.19.110 and appropriately trained and qualified by
education and experience, as defined by the department, in psychiatric
social work)) means "professional person" as defined in RCW 71.05.020.
Sec. 5 RCW 71.34.270 and 1985 c 354 s 27 are each amended to read
as follows:
No public or private agency or governmental entity, nor officer of
a public or private agency, nor the superintendent, or professional
person in charge, his or her professional designee or attending staff
of any such agency, nor any public official performing functions
necessary to the administration of this chapter, nor peace officer
responsible for detaining a person under this chapter, nor any county
designated mental health professional, nor professional person, nor
evaluation and treatment facility, shall be civilly or criminally
liable for performing ((his or her duties under)) actions authorized in
this chapter with regard to the decision of whether to admit, release,
or detain a person for evaluation and treatment: PROVIDED, That such
duties were performed in good faith and without gross negligence.
NEW SECTION. Sec. 6 (1) The code reviser shall recodify, as
necessary, the following sections of chapter 71.34 RCW in the following
order, using the indicated subchapter headings:
General
71.34.010
71.34.020
71.34.140
71.34.032
71.34.250
71.34.280
71.34.260
71.34.240
71.34.230
71.34.210
71.34.200
71.34.225
71.34.220
71.34.160
71.34.190
71.34.170
71.34.290
71.34.056
71.34.800
71.34.805
71.34.810
71.34.015
71.34.027
71.34.130
71.34.270
Minor-Initiated Treatment
71.34.042
71.34.044
71.34.046
71.34.030
Parent-Initiated Treatment
71.34.052
71.34.025
71.34.162
71.34.164
71.34.035
71.34.054
Involuntary Commitment
71.34.040
71.34.050
71.34.060
71.34.070
71.34.080
71.34.090
71.34.100
71.34.120
71.34.110
71.34.150
71.34.180
Technical
71.34.900
71.34.901
(2) The code reviser shall correct all statutory references to
sections recodified by this section.
NEW SECTION. Sec. 7 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.