SHB 1058 -
By Senators Hargrove, Stevens
ADOPTED 04/14/2005
Strike everything after the enacting clause and insert the following:
"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.
NEW SECTION. Sec. 2 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 minor's lack of consent if the minor's parent has
consented to the evaluation or treatment.
Sec. 3 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 and request that the professional person 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.))
NEW SECTION. Sec. 4 (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."
SHB 1058 -
By Senators Hargrove, Stevens
ADOPTED 04/14/2005
On page 1, line 1 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 71.34.052; 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."