SSB 5480 -
By Senators Schlicher, Carrell, Darneille, Keiser
ADOPTED 03/11/2013
On page 2, after line 2, insert the following:
"Sec. 4 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. 5 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. 6 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."
SSB 5480 -
By Senators Schlicher, Carrell, Darneille, Keiser
ADOPTED 03/11/2013
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "mental health involuntary commitment laws; amending RCW 71.05.040; amending 2011 2nd sp.s. c 6 ss 1 and 3 (uncodified); adding new sections to chapter 71.05 RCW; creating a new section; providing an effective date; and providing an expiration date."
EFFECT: Requires designated mental health professionals (DMHPs) to take serious consideration of the opinions of examining physicians, requires DMHPs to consider emergency and nonemergency detention options, and specifies that the fact that a mental disorder is caused by an underlying medical condition does not provide a reason to withhold detention under the Involuntary Treatment Act.