BILL REQ. #:  S-1333.3 

READ FIRST TIME 02/19/13.   

     AN ACT Relating to detentions under the involuntary treatment act; amending RCW 71.05.040; and adding new sections to chapter 71.05 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 71.05.040 and 2004 c 166 s 2 are each amended to read as follows:
     (1) Persons ((who are developmentally disabled)) with developmental disabilities, impaired by chronic alcoholism or drug abuse, or suffering from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or as a result of a mental disorder such condition exists that constitutes a likelihood of serious harm: Provided however, That persons ((who are developmentally disabled)) with developmental disabilities, impaired by chronic alcoholism or drug abuse, or suffering from dementia and who otherwise meet the criteria for detention or judicial commitment are not ineligible for detention or commitment based on this condition alone.
     (2) The fact that a mental disorder within the definition of RCW 71.05.020 is caused by an underlying medical condition does not provide a reason to withhold detention under this chapter. The fact that a person has been involuntarily detained does not give the right to provide medical treatment against the person's will, except as specified in RCW 71.05.217(7) and 71.05.360(10).

NEW SECTION.  Sec. 2   A new section is added to chapter 71.05 RCW to read as follows:
     A designated mental health professional shall take serious consideration of observations and opinions by examining physicians in determining whether detention under this chapter is appropriate. An examining physician who disagrees with a determination not to initiate detention under RCW 71.05.150 or 71.05.153 may submit a declaration describing the reasons why, in the view of the physician, detention is appropriate and stating whether the physician is willing, if necessary, to testify to the physician's observations in court. A designated mental health professional who receives such a declaration and does not initiate detention must provide a written response stating with particularity the reason or reasons why the person has not been detained.

NEW SECTION.  Sec. 3   A new section is added to chapter 71.05 RCW to read as follows:
     A designated mental health professional who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153 must also evaluate the person under RCW 71.05.150 for likelihood of serious harm or grave disability that does not meet the imminent standard for emergency detention.