H-3604.1  _______________________________________________

                          HOUSE BILL 2672

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Kirby, O'Brien, Ballasiotes, Morell, Darneille, Lovick and Kagi

Read first time 01/23/2002.  Referred to Committee on Judiciary.

Limiting the liability of providers of treatment to high risk offenders.

    AN ACT Relating to limiting the liability of providers of treatment to high risk offenders; and adding a new section to chapter 71.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 71.24 RCW to read as follows:

    (1) A mental health service provider or regional support network, acting in the course of the provider's or network's duties, is not liable for civil damages resulting from the injury or death of another caused by a dangerous mentally ill offender who is a client of the provider or network, unless the act or omission of the provider or network constitutes:

    (a) Gross negligence;

    (b) Willful or wanton misconduct; or

    (c) A breach of the duty to warn of and protect from a client's threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims.

    (2) In addition to any other requirements to report violations, the mental health service provider and regional support network shall report an offender's expressions of intent to harm or other predatory behavior, regardless of whether there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment.

    (3) A mental health service provider's or regional support network's mere act of treating a dangerous mentally ill offender is not negligence.  Nothing in this subsection alters the mental health service provider's or regional support network's normal duty of care with regard to the client.

    (4) The limited liability provided by this section applies only to the conduct of mental health service providers and regional support networks and does not apply to conduct of the state.

    (5) For purposes of this section, "dangerous mentally ill offender" means a person who has been identified under RCW 72.09.370 as an offender who:  (a) Is reasonably believed to be dangerous to himself or herself or others; and (b) has a mental disorder.

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