SSB 5187 -
By Representative Kagi
ADOPTED 04/09/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 71.34.375 and 2003 c 107 s 1 are each amended to read
as follows:
(1) ((The)) If a parent or guardian, for the purpose of mental
health treatment or evaluation, brings his or her minor child to an
evaluation and treatment facility, a hospital emergency room, an
inpatient facility licensed under chapter 72.23 RCW, or an inpatient
facility licensed under chapter 70.41 or 71.12 RCW operating inpatient
psychiatric beds for minors, the facility is required to promptly
provide written and verbal notice of all statutorily available
treatment options contained in this chapter ((to every parent or
guardian of a minor child when the parent or guardian seeks to have his
or her minor child treated at an evaluation and treatment facility)).
The notice need not be given more than once if written and verbal
notice has already been provided and documented by the facility.
(2) The provision of notice must be documented by the facilities
required to give notice under subsection (1) of this section and must
be accompanied by a signed acknowledgment of receipt by the parent or
guardian. The notice must contain the following information:
(a) All current statutorily available treatment options including
but not limited to those provided in this chapter; and
(b) The procedures to be followed to utilize the treatment options
described in this chapter.
(3) The department shall produce, and make available, the written
notification that must include, at a minimum, the information contained
in subsection (2) of this section. The department must revise the
written notification as necessary to reflect changes in the law.
NEW SECTION. Sec. 2 A new section is added to chapter 71.34 RCW
to read as follows:
An evaluation and treatment facility that fails to comply with the
requirement to provide verbal and written notice to a parent or
guardian of a child under RCW 71.34.375 is subject to a civil penalty
of one thousand dollars for each failure to provide adequate notice,
unless the evaluation and treatment facility is a hospital licensed
under chapter 70.41 RCW or a psychiatric hospital licensed under
chapter 71.12 RCW in which case the department of health may enforce
the notice requirements using its existing enforcement authority
provided in chapters 70.41 and 71.12 RCW.
Sec. 3 RCW 70.41.130 and 1991 c 3 s 335 are each amended to read
as follows:
The department is authorized to deny, suspend, revoke, or modify a
license or provisional license in any case in which it finds that there
has been a failure or refusal to comply with the requirements of this
chapter or the standards or rules adopted under this chapter or the
requirements of RCW 71.34.375. RCW 43.70.115 governs notice of a
license denial, revocation, suspension, or modification and provides
the right to an adjudicative proceeding.
Sec. 4 RCW 71.12.590 and 1983 c 3 s 180 are each amended to read
as follows:
Failure to comply with any of the provisions of RCW 71.12.550
through 71.12.570 or the requirements of RCW 71.34.375 shall constitute
grounds for revocation of license: PROVIDED, HOWEVER, That nothing in
this chapter or the rules and regulations adopted pursuant thereto
shall be construed as authorizing the supervision, regulation, or
control of the remedial care or treatment of residents or patients in
any establishment, as defined in this chapter conducted in accordance
with the practice and principles of the body known as Church of Christ,
Scientist.
NEW SECTION. Sec. 5 A new section is added to chapter 71.34 RCW
to read as follows:
(1) By December 1, 2011, facilities licensed under chapter 70.41,
71.12, or 72.23 RCW are required to adopt policies and protocols
regarding the notice requirements described in RCW 71.34.375; and
(2) By December 1, 2012, the department, in collaboration with the
department of health, shall provide a detailed report to the
legislature regarding the facilities' compliance with RCW 71.34.375 and
subsection (1) of this section."
Correct the title.
EFFECT: (1) Clarifies that the notice requirements of the
available treatment options apply to (a) evaluation and treatment
facilities, (b) hospital emergency rooms, (c) public and private
inpatient facilities for the mentally ill, and (d) inpatient facilities
licensed under the chapters governing public, private, or municipal
hospitals operating inpatient psychiatric beds for minors; the
requirement must be given to a parent or guardian who brings his or her
minor child to the facility for mental health treatment or evaluation.
(2) Requires the Department of Social and Health Services (DSHS) to
revise the written notification as necessary to reflect changes.
(3) Authorizes the Department of Health (DOH) to deny, suspend,
revoke, or modify a hospital license or provisional license where it
finds that there has been a failure to comply with the notice
requirements.
(4) Clarifies that all facilities licensed as hospitals or as a
public or private facility for the mentally ill must adopt policies and
protocols regarding notice requirements.
(5) Requires the DSHS to collaborate with the DOH regarding its
report to the Legislature on the rate of compliance with the adoption
of notice policies and protocols.