BILL REQ. #:  S-1500.2 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to the accountability of mental health professionals employed by an evaluation and treatment facility for communicating with a parent or guardian about the option of parent-initiated mental health treatment; and amending RCW 71.34.375 and 71.34.700.

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

Sec. 1   RCW 71.34.375 and 2003 c 107 s 1 are each amended to read as follows:
     (1) ((The)) An evaluation and treatment facility, facility operating as an evaluation and treatment facility under this chapter pursuant to a single-bed certification, and any mental health professional employed or contracted by such a facility who has contact with the parent or guardian of a minor child as part of his or her professional duties 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 notice must contain the following information and the provision of notice must be documented by the evaluation and treatment facility and accompanied by a signed acknowledgment of receipt by the parent or guardian:
     (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.
     (4) Failure to comply with notice provisions under this section is presumed to be unprofessional conduct under RCW 18.130.180 (4) and (7).

Sec. 2   RCW 71.34.700 and 1985 c 354 s 4 are each amended to read as follows:
     If a minor, thirteen years or older, is brought to an evaluation and treatment facility or hospital emergency room for immediate mental health services, the professional person in charge of the facility shall evaluate the minor's mental condition, determine whether the minor suffers from a mental disorder, and whether the minor is in need of immediate inpatient treatment. If it is determined that the minor suffers from a mental disorder, inpatient treatment is required, and the minor is unwilling to consent to voluntary admission, ((and)) the professional person must give written and verbal notice to any parent or guardian of the child who seeks to have his or her child treated of all statutorily available treatment options as provided in RCW 71.34.375. If the professional person believes that the minor meets the criteria for initial detention set forth herein, the facility may detain or arrange for the detention of the minor for up to twelve hours in order to enable a ((county-))designated mental health professional to evaluate the minor and commence initial detention proceedings under the provisions of this chapter.